Environmental Permit No. EP-163/2003/G
環境許可證編號 EP-163/2003/G
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10 及 13條
ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE
A
DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 ( 許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance
(the Ordinance), the Director of Environmental Protection (the
Director) granted the Environmental Permit No. EP-163/2003
to the HIGHWAYS DEPARTMENT (hereinafter referred to as the “Permit Holder”) on
根據環境影響評估條例(條例)第10條的規定，環境保護署署長（署長）於2003年4月2日將環境許可證編號EP-163/2003
批予路政署 (下稱"許可證持有人")。 根據條例第13條的規定﹐署長因應更改環境許可證的申請編號VEP-225/2006修訂環境許可證。以下修訂已包含在本環境許可證編號 EP-163/2003/G內。本經修訂的環境許可證，只適用於建造及營辦本許可證B部所說明的指定工程項目﹐並須遵守本許可證C部所說明及附載的條件。
This environmental permit is based on the documents, approvals and permissions described below :
本環境許可證乃依據下列的文件、批准及許可條件而簽發:
Documents in the Register
: 登記]冊上的文件: |
(1) Agreement No. CE109/98 Deep Bay Link
Investigation and Preliminary Design (Register
No.: AEIAR-064/2002) -
Environmental Impact
Assessment Report Volumes 1 to 3 (July 2002) [Hereinafter
referred to as the “ DBL EIA Report”] -
EIA Executive Summary
(July 2002) [Hereinafter
referred to as the “DBL EIA Executive Summary”] -
Environmental Monitoring
and Audit Manual (July 2002) [Hereinafter
referred to as the “DBL EM&A Manual”] (1) 顧問合約編號CE109/98 后海灣幹線 工程 調查與初步設計 (登記冊編號: AEIAR-064/2002) - 環境影響評估報告(2002年7月) [下稱「后海灣幹線 環評報告」] - 環境影響評估報告行政摘要 (2002年7月) [下稱「后海灣幹線 環評摘要」] - 環境監察及審核手冊
(2002年7月)
[下稱「后海灣幹線 環監手冊」] (2) The Director’s letter of approval of the
DBL EIA report dated
(2) 署長於2002年9月13日發出批准后海灣幹線環評報告的信件 (檔案編號: (34) in EP2/G/A/100 (3) Agreement No. CE98/98 Widening of Yuen Long Highway
between Lam Tei and Shap Pat Heung Interchange (Register No.: AEIAR-059/2002) - Final Environmental Impact Assessment
Report (December 2001) [Hereinafter
referred to as the “ YLH EIA Report”] - Final EIA Executive Summary (December
2001) [Hereinafter
referred to as the “YLH EIA Executive Summary”] - Environmental Monitoring and Audit Manual (December
2001) [Hereinafter
referred to as the “YLH EM&A Manual”] (3) 顧問合約編號CE98/98 元朗公路藍地至十八鄉段擴闊工程初步設計及土地勘測 (登記冊編號: AEIAR-059/2002) -
環境影響評估報告(2001年12月) [下稱「元朗公路擴闊環評報告」] -
環境影響評估報告行政摘要 (2001年12月)
[下稱「元朗公路擴闊環評行政摘要」] -
環境監察及審核手冊 (2001年12月) [下稱「元朗公路擴闊環監手冊」] (4) The Director’s letter of approval of
the YLH EIA report dated (4) 署長於2002年5月22日發出批准元朗公路擴闊環評報告的信件 (檔案編號: (26) in Ax(1) to EP2/N6/A/62 IV) (5) Application
documents including all attachments submitted by the Permit Holder
on (5) 申請文件包括許可證持有人於2003年3月5日提交所有附件 (申請書編號: AEP-163/2003) (6)Application for Variation of an Environmental Permit No.
VEP-140/2004 and attached documents submitted (6) 許可證持有人於2004年5月6日提交的更改環境許可證的申請編號VEP-140/2004和附件 (7)Application for Variation of an Environmental Permit No.
VEP-151/2004 and attached documents submitted (7)許可證持有人於2004年8月11日提交的更改環境許可證的申請編號VEP-151/2004和附件 (8)Application for Variation of an Environmental Permit No.
VEP-158/2004 and attached documents submitted (8)許可證持有人於2004年11月11日提交更改環境許可證申請編號VEP-158/2004和附件 (9)
Application for Variation of an Environmental Permit No. VEP-173/2005 and
attached documents submitted (9)許可證持有人於2005年4月22日提交更改環境許可證申請編號VEP-173/2005和附件 (10)
Application for Variation of an Environmental Permit No. VEP-193/2005 and
attached documents submitted (10)許可證持有人於2005年8月13日提交更改環境許可證申請編號VEP-193/2005和附件 (11)
Application for Variation of an Environmental Permit No. VEP-207/2006 and
attached documents submitted (11)許可證持有人於2006年2月3日提交更改環境許可證申請編號VEP-207/2006和附件 (12) Application
for Variation of an Environmental Permit No. VEP-225/2006 and attached
documents submitted (12)許可證持有人於2006年10月4日提交更改環境許可證申請編號VEP-225/2006和附件 |
|
Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-140/2004 |
6 May 2004 2004年5月6日 |
Amend
conditions 3.2 and 3.11 更改項目3.2和 3.11 Delete Figure 8a 刪除圖8a Replace
Figure 8b and rename as Figure 8 更換圖8b和 重新命名圖8 |
21 May 2004 2004年5月21 日 |
|
VEP-151/2004 |
2004年8月11日 |
Amend
conditions 3.11(b), (c) and (f) 更改項目3.11(b), (c) 和 (f) Rename
condition 3.11(n) as 3.11(l) 重新命名項目3.11(n)為3.11(l) |
2004年9月1日 |
|
VEP-158/2004 |
2004年11月11日 |
Amend
conditions 3.11(b), (d), (g) and (h) 更改項目3.11(b), (d), (g) 和 (h) Amend
Figure 8 更改圖8 |
2004年12月8日 |
|
VEP-173/2005 |
2005年4月22日 |
Amend
Figure 6a and Table 2a. 更改圖6a和表2a Add
Figure 10 增加圖10 |
11 May 2005 2005年5月11日 |
|
VEP-193/2005 |
2005年8月13日 |
Amend
condition 3.9, Figure 6a and Table 2a. 更改項目3.9, 圖6a和表2a |
2005年9月 9 日 |
|
VEP-207/2006 |
2006年2月3日 |
Amend
conditions 3.10 & 5.5, Figure 6a and Table 2a. 更改項目 3.10, 5.5,圖6a和表2a Delete
condition 3.8, Figure 5 刪除項目3.8 和 圖5 |
2006年3月 2 日 |
|
VEP-225/2006 |
2006年10月4日 |
更改圖6a和表2a |
2006年10月27日 |
|
Date 日期 |
|
( Mr NGO Kwok Keung, Lawrence) Acting Principal Environmental Protection Officer (Strategic Assessment) for Director of Environmental Protection 環境保護署署長 署理首席環境保護主任(策略評估)敖國強代行 |
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is description of designated project
mentioned in Part Aof this environmental permit :
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title
of Designated Projects 指定工程項目的名稱 |
Deep Bay Link and Widening of Yuen Long
Highway between Lam Tei and Shap Pat Heung Interchange ( Lam Tei to Tan Kwai
Tsuen Section ) [The above designated project is hereinafter referred to as “the
Project”] 后海灣幹線 及 元朗公路藍地至十八鄉段擴闊工程 ( 藍地至丹桂村段 ) [ 這工程項目下稱 “工程項目” ] |
|
Nature of
Designated Projects |
(a) A new Expressway. (a) 一條新的快速公路。 (b) Major improvements to existing roads. (b) 現有道路之重大改善工程。 |
|
Location of Designated Projects指定工程項目地點 |
The location of the Project is shown in
Figure 1 attached to this
Permit. 工程項目的位置見載於本許可證夾附的
圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(a)
Construction and operation of a dual
three-lane carriageway (Deep Bay Link) with bridge structures linking the
proposed Shenzhen Western Corridor at Ngau Hom Shek with the Yuen Long
Highway at Lam Tei; (a)建造及營辦一條三線分隔行車道 ( 后海灣幹線 )，包括高架行車道，在鰲磡石連接深港西部通道，及在藍地連接元朗公路; (b)
Construction and operation of an
interchange between Deep Bay Link and Yuen Long Highway at Lam Tei; (b)建造及營辦后海灣幹線和元朗公路在藍地的交匯處; (c)
Construction of an interchange at Ha
Tsuen for Deep Bay Link; (c)建造及營辦后海灣幹線在夏村的交匯處; (d) Widening
of the Yuen Long Highway between Lam Tei and Tan Kwai Tsuen from a duel
2-lane to a dual 3-lane carriageway, together with a 3.65m hard shoulder for
each carriageway; (d)把介乎藍地及丹桂村之間的一段元朗公路由雙程雙線分隔車路擴闊至雙程三線分隔車路，包括每邊行車路上3.65米闊的路肩; (e) Modification and widening of existing highway structures, i.e.
culverts, bridges, underpasses, pedestrian subways, etc. to suit the
widening; (e) 修改及擴闊現有的公路設施，即暗渠、橋樑、下通路、行人隧道等，以配合上述的擴闊工程; (f) Realigning the various slip roads joining the Yuen Long Highway to
suit the above widening; and (f) 把各條接駁元朗公路的連接路重新定線，以配合上述的擴闊工程; 及 (g) Provisioning/reprovisioning of associated civil,
structural, geotechnical, landscape and drainage works, street lighting, traffic
aids (including sign gantries) and
directional signs, central divider/parapets,
environmental mitigation measures, fire hydrants, water works, traffic
control and surveillance system, and electrical and mechanical works; (g) 提供/重設相關的土木、結構、土力、景觀美化及渠務工程、街道照明、交通輔助設施（包括高架道路標誌）及方向指示牌、中央分隔欄/防撞欄、環境緩解措施、消防栓、水務工程、交通管制及監察系統、及機電設施。 |
1.
General Conditions
1.1 The Permit Holder and any
person working on the Project shall comply with all conditions set out in this
Permit. Any non-compliance by any person may constitute a contravention
of the Environmental Impact Assessment Ordinance (EIAO) (Cap. 499) and may
become the subject of appropriate action being taken under the Ordinance.
1.2 The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including, without limitation to, the Noise Control Ordinance
(Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466), and Waste Disposal
Ordinance (Cap. 354). This Permit does not of itself constitute any
ground of defence against any proceedings instituted under any legislation or
imply any approval under any legislation.
1.3 The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit and the documents referred to in Part A of
the Permit readily available at all times for inspection by the Director or his
authorised officers at all sites/offices covered by this Permit. Any
reference to the Permit shall include all documents referred to in the Permit
and also the relevant documents in the EIAO Register Office.
1.4 The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site(s) refers to
site(s) of construction and operation of the Project and shall mean the same
hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on
the construction site(s) at all vehicular site entrances/exits or at a
convenient location for public information at all times. The Permit
Holder shall ensure that the most updated information about the Permit,
including any amended permit, is displayed at such locations. If the
Permit Holder surrenders a part or the whole of the Permit, the notice he sends
to the Director shall also be displayed at the same locations as the original
Permit. The suspended, varied or cancelled Permit shall be removed from
display at the construction site(s).
1.6 The Permit Holder shall construct and operate the Project in accordance
with the project description in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed, constructed
and operated in accordance with the information and recommendations described
in the DBL EIA Report, DBL EIA Executive Summary, DBL EM&A Manual (Register
No. AEIAR-064/2002) and YLH EIA Report, YLH EIA Executive Summary, YLH EM&A
Manual (Register No. AEIAR-059/2002), other relevant documents in the EIAO Register
Office, the information and mitigation measures described in this Permit,
mitigation measures to be recommended in submissions that shall be deposited
with or approved by the Director as a result of permit conditions contained in
this Permit, and mitigation measures to be recommended under ongoing
surveillance and monitoring activities during all stages of the Project. Where
recommendations referred to in the documents of the EIAO Register Office are
not expressly referred to in this Permit, such recommendations are nevertheless
to be implemented unless expressly excluded or impliedly amended in this
Permit.
1.8
All submissions, as required under this Permit, shall be rectified and
resubmitted in accordance with the comments, if any, made by the Director
within one month of the receipt of the Director’s comments or otherwise as
specified by the Director.
1.9 All
submissions approved by the Director, all submissions deposited without
comments by the Director, and all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any
variation of the submissions shall be approved by the Director in writing or as
prescribed in the relevant permit conditions. Any non-compliance with the
submissions may constitute a contravention of the EIAO (Cap. 499). All submissions
or any variation of the submissions shall be certified by the Environmental
Team (ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to respectively in Conditions 2.1 and 2.2 below, before submitting to
the Director under this Permit.
1.10 The
Permit Holder shall release all finalized submissions, as required under this
Permit, to the public by depositing copies in the EIAO Register Office, or in
any other places, or any internet websites as specified by the Director, or by
any other means as specified by the Director for public inspection. For
this purpose, the Permit Holder shall provide sufficient copies of the
submissions.
1.11 All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the EIAO Register Office (currently
at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai,
Hong Kong). Electronic copies of all finalized submissions
required under this Permit shall be prepared in Hyper Text Markup Language
(HTML) (version 4.0 or later) and in Portable Document Format (PDF) (version
4.0 or later), unless otherwise agreed by the Director, and shall be submitted
at the same time as the hard copies.
1.12 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one month prior to the commencement
of construction of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commencement date
of the construction.
1.13 For
the purpose of this Permit, “commencement of construction” does not include
works related to site clearance and preparations, or other works as agreed by
the Director.
2.
Submissions and Measures
before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A)
Personnel
2.1
An
ET shall be established no later than one month before commencement of
construction of the Project. The ET
shall be headed by an ET Leader. The
ET Leader shall be a person who has at least 7 years' experience in
environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the requirements as contained in the DBL EM&A Manual and YLH EM&A
Manual. The ET Leader shall keep a
contemporaneous logbook of each and every circumstance or change of
circumstances that may affect the findings of DBL EIA Report and/or YLH EIA
Report and each and every non-compliance with the recommendations of the DBL EIA
Report, the YLH EIA Report or this Permit. This logbook shall be kept readily
available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the DBL EIA Report, the YLH EIA Report
and this Permit or by the Director or his authorized officers. Failure to maintain records in the
logbook, failure to discharge the duties of the ET Leader as defined in the DBL
EM&A Manual and YLH EM&A Manual or failure to comply with this
Condition would entitle the Director to require the Permit Holder by notice in
writing to replace the ET Leader. Failure
by the Permit Holder to replace the ET Leader upon notice in writing from the
Director, or further failure to keep contemporaneous records in the logbook
despite the employment of a new ET Leader, may render the Permit liable to
suspension, cancellation or variation. The ET shall not be in any way an
associated body of the Contractor or the IEC for the Project.
2.2
The Permit Holder shall employ an
IEC no later than one month before commencement of construction of the Project.
The IEC shall be a person who has
at least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties
defined in the DBL EM&A Manual and YLH EM&A Manual and shall audit the
overall EM&A programme, including the implementation of all environmental
mitigation measures, submissions required in the DBL EM&A Manual and YLH
EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible
for verifying the environmental acceptability of permanent and temporary works,
relevant design plans and submissions under this Permit. The IEC shall verify the logbook(s)
mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax
transmission, within 24 hours of receipt of notification from the ET Leader of
each and every change of circumstances or non-compliance with the
recommendations of the DBL EIA Report, the YLH EIA Report or this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the Project. In case the IEC fails
to so notify the Director of the same, fails to discharge the duties of the IEC
as defined in the DBL EM&A Manual and the YLH EM&A Manual or fails to
comply with this Condition, the Director may require the Permit Holder by
notice in writing to replace the IEC. Failure by the
Permit Holder to replace the IEC upon notice in writing from the Director,
or further failure to so notify the Director despite employment of a new IEC,
may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the
same as notification by the IEC for the purpose of this Condition. The IEC shall not be in any way an
associated body of the Contractor or the ET for the Project.
Submission of Construction Noise Mitigation Plan
(CNMP)
2.3
The Permit Holder shall, at least 2
weeks before
commencement of construction
of the Project, submit 3 sets of construction noise mitigation plan (CNMP) to
the Director for approval. The CNMP
shall include a detailed review of the construction noise assessment using the
latest available information regarding construction equipment and construction
programme to re-confirm the construction noise mitigation measure requirements
for the four sensitive receivers, i.e. Lam Tei Gospel School, Fuk Hang Village,
Rural/Village Houses near Tsoi Yuen Tsuen, and Tsoi Yuen Tsuen, as shown in the
attached Table 1 and Figure 2. The CNMP shall consider providing relief
to the six affected dwellings in Tsoi Yuen Tsuen during the period when they
will be subject to residual construction noise impact. The CNMP shall give full regard to the
latest information about the Lam Tei Gospel School examination periods and
non-school days in scheduling the construction work programme to avoid noise
impact affecting examination periods.
The CNMP shall include drawings (at least 1:1000 scale) and explanatory notes
detailing the locations and arrangement of the temporary noise barriers and
site hoardings, and the number and type of construction plants and equipment,
procedure and sequence of construction. The submission shall be certified by
the ET leader and verified by IEC as conforming to the information and
recommendations contained in the DBL EIA Report and YLH EIA Report.
Submission of Contamination Assessment Plan
(CAP)
2.4
The
Permit Holder shall, at least 2 weeks before commencement of construction of the Project, submit
3 sets of Contamination Assessment Plan (CAP) to the Director for approval. The
CAP shall be prepared for the areas shown in the attached Figures 3a to 3c in order to
identify the need for decontamination in these areas and shall take into
account the relevant findings and recommendations in the land contamination
impact section of the DBL EIA Report. Before submission to the Director, the CAP
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the DBL EIA Report.
3
Submissions and Measures for
Construction of the Project
Management
Organization of Main Construction Companies
3.1 The Permit Holder shall, within
one month after the commencement of
construction of the Project, inform the Director in writing the
management organization of the main construction companies and/or any form of
joint ventures associated with the construction of the Project. The submitted information shall include
at least an organization chart, names of responsible persons and their contact
details.
Submission of Complete Record of Chung Shan
Cemetery (Permitted Burial Ground No. 22)
3.2
If the work of the Project necessitates
relocation of any of the graves in the Chung Shan Cemetery (Permitted Burial
Ground No. 22), then the Permit Holder shall, no later than 2 months
before commencement of relocation of any of the graves within the Chung Shan Cemetery
(Permitted Burial Ground No. 22), deposit with the Director 3 sets of complete
record of the affected graves in Chung Shan Cemetery,
as shown on the attached Figure 4.
The record shall be undertaken by a qualified archaeologist. The record shall take the form of
written text, photographs, basic measurements and location plans. The content of the record shall include
: (i) where applicable, the scale and
distribution of the cemetery as well as the arrangement and grouping of the
graves; (ii) the types and structures of the graves; and (iii) the hosts of the
graves and the content of the gravestone inscriptions.
Submission of Habitat Creation and Management (HCM) Plan
3.3
The Permit Holder shall,
within one month after the commencement of construction of the Project, submit
to the Director for approval 5 sets of HCM Plan. The HCM Plan shall take into account the
findings and recommendations of the DBL EIA Report. In particular, the HCM Plan shall
include an on-site or
off-site compensation package with the creation of a Wetland Compensation Area
during the construction of the Project for the loss of fishpond as a result of the
Project. The HCM Plan shall include details on re-alignment and diversion of stream courses
shown in Figure 4.2 of the DBL EIA report at locations where the Project
alignment intersects with streams and details
of measures for protecting the streams from adverse impacts due to
construction site runoff pollution. Before submission to the
Director, the HCM Plan shall be certified by the ET Leader and verified by the
IEC as conforming to the information and recommendations contained in the DBL
EIA Report. All measures
recommended in the approved HCM Plan shall be fully and properly implemented.
Measures
to Mitigate Landscape and Visual Impacts
3.4
To
mitigate the landscape and visual impacts from the operation of the Project,
landscape mitigation measures shall be implemented in accordance with : (i) the
Landscape Mitigation Measures Plans as shown in Figures 10.7.1 to 10.7.6 and
Section 10.7.3 of the DBL EIA report; (ii) the Master Landscape Plan as shown
in drawing numbers 22913/P/13/200 to 228 in Appendix 10 of the DBL EIA report;
and (iii) the Landscape Proposal as shown in Figures 8.41 to 8.62 and Section
8.13.2 of the YLH EIA report. The
design of noise barriers shall avoid the use of bright and conspicuous colours.
Measures to
Mitigate Construction Noise Impacts
3.5
To mitigate
the construction noise impact arising from the Project, all measures
recommended in the approved CNMP submitted under Condition 2.3 of this permit,
section 3.5 in the DBL EIA report and sections 3.7 and 3.8.1 in the YLH EIA
report shall be fully implemented throughout the construction period of the
Project.
Measures to
Manage Construction and Demolition Waste Impacts
3.6
The
management and disposal for the construction and demolition (C&D) material
generated from the Project, including on-site storage, segregation, and re-use
of the material for filling embankment, shall be implemented in accordance with
section 5.4 and 5.5 of the DBL EIA report and section 6.3.3 of the YLH EIA
report.
Measures to Clean Up Contaminated Land
3.7
Land
contamination sampling and testing in accordance with the recommendations of
the approved CAP submitted under Condition 2.4 shall be carried out within 1 week after commencement of construction
of the Project and the findings shall be reported in a Contamination Assessment
Report (CAR). If the CAR findings do not confirm the existence of
land contamination within the Project site(s), 3 sets of CAR shall be
deposited with the Director within 2
weeks after completion of the land contamination sampling and testing. If the CAR findings confirm the existence of land contamination within
the areas shown in Figures 3a to 3c, a Remediation Action Plan (RAP)
shall be prepared detailing the remediation objectives, technology and programme. Three sets of a combined report of
CAR/RAP shall be submitted to the Director for approval within 2 months after completion of land
contamination sampling and testing.
The CAR or combined CAR/RAP submission shall be certified by the ET
leader and verified by the IEC as conforming to the information and
recommendations contained in the DBL EIA Report. If the CAR findings confirm the
existence of land contamination within the areas shown in Figures 3a to 3c,
the recommendations of the approved combined CAR/RAP report shall be fully and
properly implemented to decontaminate the relevant site(s) before commencement
of any construction work that may disturb the ground of the relevant site(s).
3.8
Not use.
Measures to Mitigate Traffic Noise Impacts
3.9
To mitigate the traffic noise impact arising from
the operation of the Project, the noise
barriers shall be implemented
in accordance with Tables 2a to 2c and Figures 6a to 6c attached to this
Permit. Noise barriers as shown in Table 2a and Figure 6a should be
fully implemented before the operation of the Project. Noise barriers as shown in Table 2b
and Figure 6b should be fully implemented before the population intake
at planned developments at Lam Tei.
Noise barriers as shown in Table 2c and Figure 6c should
be fully implemented before the population intake at planned developments at
Hung Shui Kiu New Development Area.
The noise barriers shall be continuous
structures with no gap or opening except where access road or emergency exit is
required.
Measures to Mitigate Archaeological Impacts at Tsing Chuen
Wai and Lam Tei
3.10 Rescue excavations at the Tsing
Chuen Wai Site with Archaeological Significance (TCW Site) and the Lam Tei Site
with Archaeological Significance (LT Site), shown on the attached Figure 7,
shall be carried out by a qualified archaeologist and completed before
commencement of any construction work that may disturb the ground of the
relevant sites. The rescue
excavation at TCW Site shall comprise three test trenches along the traces of
tiles on the tiers of the low terrace, with a size of 30m by 3m, 30m by 3m and
10m by 3m respectively, and four square test pits of 5m by 5m in other parts of
the TCW Site. Total size of the rescue
excavation at the TCW Site shall be about 280 m2. The rescue excavation at LT Site shall
comprise twenty small test pits of a size of 2m by 2m in the central area of
the LT Site with concentrated structural features. The initial test pits with important
findings shall be expanded such that the total size of the rescue excavation at
the LT Site shall be about 200 m2. The Permit Holder shall produce a report
on the details and findings of the rescue excavations. Three copies of the report shall be
deposited with the Director within three months after the completion of the
rescue excavations or not later than one month before the commencement of
operation of the Project, whichever is the later.
Measures
to Mitigate Impacts from Barging Point and Works Area at Lok On Pai
3.11 To mitigate the environmental
impacts arising from the temporary barging point and works area at Lok On Pai,
Tuen Mun, the following conditions shall be applied :
(a)
operation
hours, including for loading and unloading activities, shall be restricted to
9:00 am to 7:00 pm on any day not
being a Sunday or a general holiday;
(b)
the barging
point shall only be used for loading and unloading of precast bridge segments
of this Project to and from barges;
(c)
the works
area shall only be used for the temporary storage of the bridge segments of
this Project before they are transported to the construction site(s) of the
Project;
(d) stacking of precast bridge
segments up to 3 layers shall only be allowed in the Working Zone No. 2
as shown in attached Figure 8. Storage of only 1 layer of precast
bridge segment shall be allowed in Working Zone Nos. 1, 3 and 4, as shown in
attached Figure 8. Storage
of precast bridge segment outside Working Zone shall not be allowed;
(e) no
handling or dumping of excavated material shall be allowed;
(f)
a maximum
of 2 barges, 2 tugboats, 1 straddle carrier, 1 gantry
crane, 1 mobile crane, 1 emergency backup
generator and 4 trucks shall be allowed to operate on site;
(g)
the
gantry crane shall be electrically driven.
The straddle carrier and the gantry crane shall not be operated at the
same time. Only quiet-type plants shall be used for all other plants;
(h)
the straddle carrier shall only operate in the Working Zone No. 1, the
gantry crane and emergency backup generator shall only operate in the Working
Zone No. 2, and the mobile crane shall only operate in the Working Zone Nos. 3
and 4, as shown in the attached Figure 8;
(i) the
entrance/exit point of the works area shall be
located to the south of Tsing Fat Street, as
shown in the attached Figure 8;
(j)
there shall be no site
operation or on-site vehicular traffic in the area shown in red in the attached
Figure 8;
(k)
the
existing trees on site shall be kept in good condition during the operation of
the works area. In case of any loss
of existing trees, compensation shall be provided in the form of re-planting of
species of similar kind and size; and
(l) the site layout shall be as
shown in the attached Figure 8.
4.
Environmental Monitoring and
Audit Requirements during Construction of the Project
4.1
The
EM&A programme shall be implemented as set out in the DBL EM&A Manual
and YLH EM&A Manual. Any
changes to the programme shall be justified by the ET leader and verified by
the IEC as conforming to the information and requirements contained in the DBL EM&A
Manual and YLH EM&A Manual before submission to the Director for approval.
4.2
Samples and
measurements shall be taken in accordance with the requirements of the DBL EM&A
Manual and YLH EM&A Manual by:
(a)
conducting
baseline environmental monitoring on noise, water and air quality; and
(b)
conducting
impact monitoring on noise, water and air quality.
(c)
carrying out remedial actions described in
the Event/Action Plans of the DBL EM&A Manual and YLH EM&A Manual shall
be fully and properly carried out in accordance with the time frames set out in
the Event/Action Plans, or as agreed by the Director.
(d)
logging and
keeping records of details of (a) to (c) above for all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A reports and to make
available the information for inspection on site.
4.3
All EM&A data submitted under
this Permit shall be true, valid and correct.
4.4
Three hard copies and one
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least 2 weeks before commencement of construction of the Project. The submission shall be certified by the
ET Leader and verified by the IEC. Additional
copies of the submission shall be made available to the Director upon his
request.
4.5
Three hard copies and one
electronic copy of monthly EM&A Report shall be submitted to the Director
within 2 weeks after the end of the reporting month. The EM&A Reports shall include a
summary of all non-compliances (exceedances) of the environmental quality
performance limits (Action and Limit Levels). The submissions shall be certified by the
ET Leader and verified by the IEC. Additional
copies of the submission shall be provided to the Director upon his request.
5. Measures for Operation of the Project
Submission
of Emergency Response Plan for Spillage of Chemicals
5.1
The Permit Holder shall, no later than two months before the commencement
of operation of the Project, deposit with the Director five sets of a detailed
Emergency Response Plan (ERP) on how to properly handle chemical spillages on
either side of the section of the Project at Ngau Hom Shek as shown in
attached Figure 9 caused by
traffic incidents. The ERP shall be
verified by the IEC as conforming to the framework and recommendations
contained in the SWC EIA Report.
Additional copies of the submission shall be provided to the Director
upon request by the Director.
Cleaning of Carriageway
5.2
The carriageway of the
section of the Project at Ngau Hom Shek, as shown in attached Figure 9,
shall be cleaned twice a week by vacuum air sweeper(s) (or suction truck(s)) to
remove grits and pollutants. Any
consecutive cleaning events shall not be more than four days apart. The removed grits and pollutants shall
be transported away for off site disposal.
If necessary, the Director may require the Permit Holder to increase the
cleaning frequency based on the findings of the report submitted to him under
Condition 6.2 below.
Maintenance of Noise Barriers
5.3
All the noise barriers as described in Condition 3.9 shall be
properly maintained during operation of the Project.
Maintenance of Landscape
Measures
5.4
All landscape measures as
described in Condition 3.4 shall be properly maintained during operation of the Project.
Maintenance of Ecological Mitigation Measures
5.5
All recommended ecological measures described in the approved
Habitat Creation and Management Plan required in Condition 3.3 above shall be
properly implemented and maintained during the operation of the Project.
6.1
The EM&A programme during operation of the Project shall be
implemented as set out in the DBL EM&A Manual and YLH EM&A Manual. Any changes to the programme shall be
justified by the ET leader and verified by the IEC as conforming to the
information and requirements contained in the DBL EM&A Manual and YLH
EM&A Manual before submission to the Director for approval.
Monitoring of Surface Runoff from
Carriageway
6.2
The quality of surface runoff from the carriageway at the end section of
the Project at Ngau Hom Shek shown in the attached Figure 9 shall be monitored
in accordance with the details in Section 4 of the DBL EM&A Manual during
the first year of operation of the Project. All monitoring results shall be recorded
in the EM&A Report. The Permit
Holder shall, within two weeks after each monitoring period specified in the
DBL E&MA Manual, submit to the Director for approval a report that
evaluates the quality of the surface runoff and effectiveness of the cleaning
frequency in removing pollutants from the carriageway surface, and recommends
any modification to the monitoring programme. The Director may require the Permit
Holder to extend the monitoring period and/or increase the cleaning frequency
as the Director thinks fit. The
Permit holder shall submit another report to cover the extended period of
monitoring to the Director for approval, within two weeks after completion of
the extended monitoring.
6.3
An operational noise monitoring as described in the DBL EM&A Manual and
YLH EM&A Manual shall be carried out for the purpose of verifying the traffic
noise assessment, by comparing the noise impact predictions with the actual
impacts. A report shall be produced
to record the monitoring details and results, including the comparison between
the measured noise levels and the predicted levels in the EIA Reports. The Permit Holder shall deposit three hard
copies and one electronic copy of the report in the formats specified in
Condition 7.1 below shall be deposited with the Director within one month after completion of the monitoring.
7.1
To facilitate public inspection of the Baseline
Monitoring Report and monthly EM&A Reports via the EIAO Internet Website
and at the EIAO Register Office, electronic copies of these Reports shall be
prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in
Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by
the Director and shall be submitted at the same time as the hardcopies as
described in Conditions 4.4 and 4.5 of this Permit. For the HTML version, a content page
capable of providing hyperlink to each section and sub-section of these Reports
shall be included in the beginning of the document. Hyperlinks to all figures, drawings and
tables in these Reports shall be provided in the main text from where the
respective references are made. All
graphics in these Reports shall be in interlaced GIF format unless otherwise
agreed by the Director. The content
of the electronic copies of these Reports must be the same as the hardcopies.
7.2
The
Permit Holder shall, within six weeks after the commencement of construction of
the Project, set up a dedicated Internet web site and notify the Director in
writing the Internet address where the environmental monitoring data and
project information is to be placed.
All environmental monitoring data described in Condition 7.1 above shall
be made available to the public via the abovementioned dedicated Internet web
site in the shortest possible time and in any event no later than 2 weeks after
the relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director.
7.3
The Internet web site as described in Condition 7.2
above shall enable user-friendly public access to the environmental monitoring
data and project information including the documents (1) to (5) listed in Part
A of this Permit, and this Environmental Permit. The Internet web site
shall have features capable of:
(a)
providing access to all environmental monitoring
data of this Project collected since the commencement of construction;
(b)
providing
access to all finalized submissions as required under this Permit;
(c)
searching by date;
(d)
searching by types of monitoring data (noise, water,
air quality and ecology); and
(e)
hyperlinks to relevant monitoring data after
searching;
or otherwise as agreed by the Director.
Notes :
1.
This Permit
consists of three parts, namely, Part A (Main Permit), Part B (Description
of Designated Project) and Part C (Permit Conditions). Any person
relying on this permit should obtain independent legal advice on the legal
implications under the Ordinance, and the following notes are for general
information only.
2.
If there is a
breach of any condition of this Permit, the Director or his authorized officer
may, with the consent of the Secretary for the Environment, Transport and
Works, order the cessation of associated work until the remedial action is
taken in respect of the resultant environmental damage, and in that case the
Permit Holder shall not carry out any associated works without the permission
of the Director or his authorized officer.
3.
The Permit Holder
may apply under Section 13 of the Environmental Impact Assessment Ordinance
(the “Ordinance”) to the Director for a variation of the conditions of this
Permit. The Permit Holder shall replace the original permit displayed on
Project site by the amended permit.
4.
A person who
assumes responsibility for the whole or a part of the Project may, before he
assumes responsibility of the Project, apply under Section 12 of the Ordinance
to the Director for a further environmental permit.
5.
Under Section 14
of the Ordinance, the Director may with the consent of the Secretary for the
Environment, Transport and Works suspend, vary or cancel this Permit. The
suspended, varied or cancelled Permit shall be removed from display at the construction
site.
6.
If this Permit
is cancelled or surrendered during construction of the Project, another
environmental permit must be obtained under the Ordinance before the Project
could be continued. It is an offence under Section 26(1) of the Ordinance
to construct a designated project listed in Part I of Schedule 2 of the
Ordinance without a valid environmental permit.
7.
Any person who constructs
the Project contrary to the conditions in the Permit, and is convicted of an
offence under the Ordinance, is liable: -
(i)
on a first
conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
(ii)
on a second or subsequent conviction on indictment to
a fine of $5 million and to imprisonment for 2 years;
(iii)
on a first summary conviction to a fine at level 6 and
to imprisonment for 6 months;
(iv)
on a second or
subsequent summary conviction to a fine of $1 million and to imprisonment for 1
year; and
(v)
in any case where the offence is of a continuing
nature, the court or magistrate may impose a fine of $10,000 for each day on
which he is satisfied the offence continued.
8. The Permit Holder
may appeal against any condition of this Permit under Section 17 of the
Ordinance within 30 days of receipt of this Permit.
9. The Notes are for general reference only and that the Permit Holder
should refer to the Environmental Impact Assessment Ordinance for details and seek independent legal
advice.
| Table 1 | Table 2a-2c |
| Figure 1 | Figure 2 | Figure 3a | Figure 3b | Figure 3c | Figure 4 | Figure 6a | Figure 6b | Figure 6c | Figure 7 | Figure 8 | Figure 9 | Figure 10 |
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