Environmental Permit No. EP-262/2007/A

環境許可證編號EP-262/2007/A

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

SECTIONS 10 AND 13

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

PART A (MAIN PERMIT)

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 EP-262/2007 to the AIRPORT AUTHORITY HONG KONG (hereinafter referred to as the “Permit Holder”) on 30 May 2007. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (No. EP-262/2007) based on the Application No. VEP-243/2007. The amendments, described below, are incorporated into this Environmental Permit (No. EP-262/2007/A). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions specified and attached to Part C of this Permit.

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2007年5月30日將環境許可證編號 EP-262/2007 批予香港機場管理局 (下稱「許可證持有人」)。根據條例第 13 條的規定，署長因應申請書編號 VEP-243/2007 修訂環境許可證編號 EP-262/2007。下文說明的修訂，已包含在本環境許可證內 (EP-262/2007/A)。本經修訂的環境許可證，適用於建造及營辦本許可證 B 部所說明的指定工程項目，但須遵守本許可證 C 部所列明及附載的條件。

The issue of 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 :

Application No. 申請書編號		VEP-243/2007
Document in the Register : 登記冊上的文件:		1. Environmental Assessment Services for Permanent Aviation Fuel Facility - Final Environmental Impact Assessment Report - Final Environmental Impact Assessment Report Appendices Volume 1, 2 & 3 - Executive Summary for Final Environmental Impact Assessment Report - Final Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-107/2007) 永久航空煤油設備環境評估服務 - 最終環境影響評估報告 - 最終環境影響評估報告附件第一、第二及第三冊 - 最終環境影響評估報告行政摘要 - 最終環境監察及審核手冊下稱“環評報告”(登記冊編號：AEIAR–107/2007)
Document in the Register : 登記冊上的文件:		2. The Director’s letter of approval of the EIA Report dated 30 May 2007 referenced Annex (34) to EP2/N9/B/19 環境保護署署長於二○○七年五月三十日發出批准環評報告的信件檔案編號Annex (34) to EP2/N9/B/19 3. Application for Environmental Permit dated 22 December 2006 (Application No.: AEP-262/2006) 許可證持有人於二○○六年十二月二十二日提交的許可証申請文件（申請書編號：AEP-262/2006） 4. Environmental Permit issued on 30 May 2007 (Permit No.: EP-262/2007) 於二○○七年五月三十日發出的環境許可證 (許可證編號：EP-262/2007) 5. Application Document for Variation of an Environmental Permit submitted by the Permit Holder on 8 November 2007 (Application No.: VEP-243/2007) 許可證持有人於二○○七年十一月八日提交的更改環境許可證申請文件(申請書編號：VEP-243/2007)

Application No.

申請編號

Date of Application

申請日期

List of Amendments Incorporated into Environmental Permit

已包含在環境許可證內的修訂項目

Date of Amendments

修訂日期

VEP-

243/2007

8 November 2007

2007年11月8日

1) Vary Conditions 1.7, 2.5 and 3.6 in Part C

更改 C 部條件第 1.7、2.5 及 3.6 項

2) Vary Figure 6 in Part C

更改 C 部的附圖 6

30 November 2007

2007年11月 30 日

30 November 2007

Date

日期

(Simon Y. M. HUI)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任許一鳴代行)

PART B (DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):

下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:

Title of Designated Project

指定工程項目的名稱

Permanent Aviation Fuel Facility [This designated project is hereinafter referred to as “the Project”].

永久航空煤油設備 [本指定工程項目下稱“工程項目”] 。

Nature of Designated Project

指定工程項目的性質

A permanent aviation fuel facility which includes :

- a storage and transfer of oil facility with a storage capacity of not less than 1,000 tonnes; and

- a submarine oil pipeline.

一所永久航空煤油設備，包括 :

- 貯存量不少於1,000公噸的油類貯存和輸送設施﹔和

- 海底油管。

Location of Designated Project

指定工程項目的地點

1. Tuen Mun Area 38 for locating of aviation fuel storage tank farm; and

2. Marine area between Tuen Mun Area 38 and Sha Chau for laying of sub-sea fuel pipelines.

The location of the Project is shown in Figure 1 and Figure 2 of this Permit.

1. 航空煤油儲存油庫處於屯門第38區;和

2. 海底輸油管敷設於屯門第38區與沙洲之間的海域。

工程項目的地點展示於本許可證圖1和圖2內。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project is to construct and operate a permanent aviation fuel facility with the following major elements :

1. a jetty of two berths to accommodate vessels with capacity up to 80,000 dwt;

2. a tank farm, covering an site area of about 6.75ha, with gross fuel tankage capacity not more than 264,000 m³ on commissioning stage and not more than 388,000 m³ on final stage; and

3. a twin sub-sea pipelines with length of about 4.8km and diameter of about 500mm to transfer aviation fuel.

工程項目為建造及營辦一所永久航空煤油設備，其主要設施包括：

1. 能容納達80,000載重噸航空煤油運油船的雙泊位碼頭；

2. 總儲油容量於開始階段不多於264,000立方米和最終階段不多於388,000立方米，及工地約6.75公頃的航空煤油儲存油庫；和

3. 長約4.8公里及直徑約500毫米的雙管道每底油管，以輸送航空煤油。

PART C (PERMIT CONDITIONS)

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 (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 authorized 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 Register.

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 Project site(s) at all vehicular site entrances/exits or at a convenient location for public’s 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 Project 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 approved EIA Report (Register No. AEIAR-107/2007), the application for environmental permit (Application No. AEP-262/2006), the application document for variation of an environmental permit (Application No. VEP-243/2007) and other relevant documents in the Register, 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 on-going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register 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 deposited 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 specified by the Director.

1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or 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 Environmental Impact Assessment Ordinance (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 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 Environmental Impact Assessment Ordinance 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 Environmental Impact Assessment Ordinance 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 dates of construction and operation of the Project prior to the commencement of construction and operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the construction and operation.

1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation or other works as agreed by the Director.

2. Submissions or Measures before Commencement of Certain Parts of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1 An ET shall be established by the Permit Holder before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has at least 7 years of 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 EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-107/2007) or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-107/2007) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the 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 make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

2.2 An IEC shall be employed by the Permit Holder before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the 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 log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-107/2007) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the 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 to replace the IEC as directed 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.

2.3 A qualified person with a degree in biology shall be employed to carry out monitoring and visual inspection of Chinese White Dolphin under Condition 3.17 of this Permit. The qualification and experience of the qualified person shall be certified by ET Leader and verified by the IEC. The qualified person shall form part of the ET.

Setting Up of Community Liaison Group

2.4 To enhance communication with the local community, the Permit Holder shall, within three months after commencement of construction of the Project, set up a Community Liaison Group comprising relevant stakeholders to advise on and monitor the proper design, construction and operation of the Project and shall inform the Advisory Council on the Environment (ACE) and the Director in writing the membership and terms of reference of the Community Liaison Group and shall take into account ACE’s views. The Permit Holder shall place all minutes of meetings, the relevant documents and the associated papers of the Community Liaison Group on the dedicated website set up by the Permit Holder under Condition 6.2, within one month of the day of the meetings.

Updating of Environmental Monitoring and Audit (EM&A) Manual

2.5 The Permit Holder shall, no later than one month before the commencement of construction of the sub-sea pipelines of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall include the detailed arrangements of setting up a Community Liaison Group mentioned in Condition 2.4 of this Permit to monitor the proper design, construction and operation of the Project, the detailed arrangements of carrying out design audit of the arrangements and measures in the Project, the revised water quality monitoring programme by inclusion of monitoring of Persistent Organic Pollutants (POPs) during construction of the Project and the revised monitoring programme as recommended in the application document for variation of an environmental permit (Application No. VEP-243/2007). The updated EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-107/2007) and the application document for variation of an environmental permit (Application No. VEP-243/2007).

3. Submissions or Measures during the Construction of Certain Parts of the Project

Management Organization of Main Construction Companies

3.1 The Permit Holder shall, within one month after 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.

Measures to Mitigate Marine Archaeological Impact during Construction

3.2 A marine archaeologist shall be engaged during the carrying out of dredging works within 25m of the positions SS1 or SS2 as shown in Figure 3 of this Permit to provide recommendations on the dredging works to avoid any marine archaeological impact. All recommendations by the marine archaeologist shall be fully implemented.

Submission of the Waste Management Plan (WMP)

3.3 The Permit Holder shall, within one month after the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of a Waste Management Plan (WMP) for the construction stage of the Project. The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-107/2007). The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in the approved EIA Report (Register No. AEIAR-107/2007). The WMP shall indicate the disposal location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included in the WMP. Surplus excavated spoil and other wastes shall only be disposed of at designated disposal locations unless otherwise approved by the Director. All measures recommended in the approved WMP shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the construction period.

Submissions of the Landscape Plan

3.4 At least one month before commencement of the landscape works, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of the landscape plan prepared for the Project. The landscape plan shall include the locations, design details, implementation schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures. The measures shall include the perimeter landscaped berm and the landscaped planting. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-107/2007).

Measures to Prevent Risk to Life, Fuel Spillage, Land Contamination and Water Quality Impact during Operation

3.5 The Permit Holder shall, at least one month before commencement of implementation of the measures to prevent risk to life, fuel spillage, land contamination and water quality impact during operation of the Project, deposit with the Director four hard copies and one electronic copy of the detailed design showing details of the measures to be used in the Project. Before submission to the Director, the detailed design shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-107/2007). The measures shall include, but not be limited to, the following requirements :-

a) Containment Systems of Aviation Fuel Storage Tank Farm

Containment systems including bund walls, security walls and landscaped berm shall be properly designed and constructed for the aviation fuel storage tank farm in accordance with the arrangements as shown in Figure 4 of this Permit, in particular :

i) All aviation fuel storage tanks shall be located in bunded compounds with capacity of more than 110% of the contents of the largest aviation fuel storage tank in the bunded compounds;

ii) The bunds shall be partly sunken below the level of ground outside the bunds. Wave deflector and fire-retardant joints shall be used at the bunds. Intermediate bund walls shall be designed and constructed within the bunded compounds for each aviation fuel storage tanks;

iii) Two impervious security walls and a landscaped berm of at least 1.5m high shall be designed and constructed outside the bunded compounds;

iv) Gates at the security walls shall be properly designed and constructed to provide sealing in case of any fuel spillage within the aviation fuel storage tank farm; and

v) All the bund and security walls shall be properly designed and constructed using reinforced concrete to provide sufficient structural strength to withstand any liquid surged load in case of any accidents.

b) Drainage Isolation and Lining System for Aviation Fuel Storage Tank Farm

Drainage system shall be properly designed and constructed for the aviation fuel storage tank farm to collect aviation fuel in case of spillage. Valves and oil interceptors shall be installed at the drainage system to prevent any oily discharge to the sea. Impermeable lining shall be installed underneath all aviation fuel storage tanks to prevent seepage of aviation fuel to ground.

c) Overfilling Monitoring Systems and Leakage Detection Systems

Tank overfilling monitoring systems, pipeline and impermeable lining leakage detection systems and emergency shutdown (ESD) systems shall be properly designed and constructed for the Project. All ESD systems shall be equipped with manual initiating devices. The ESD systems shall also be initiated automatically in case of actuation of fire alarm system, overfilling monitoring system of aviation fuel storage tanks and leakage detection system of sub-sea pipelines.

d) Installations at the Jetty

The jetty shall be installed with defensive fenders and coupling points with slop collection utilities connecting to oil interceptors.

e) Sub-sea Pipelines Protective Measures

The sub-sea aviation fuel transfer pipelines shall be properly designed and constructed to prevent or minimize any damage or leakage risk. The sub-sea pipelines shall be protected in accordance with the arrangement as shown in Figure 5 of this Permit. The sub-sea pipelines shall be buried at least 3m below the seabed level and covered with protective armour rock layer of at least 1.2m thick. No protective armour rock layer shall be protruded above the seabed.

Measures to Mitigate Water Quality Impact during Construction

3.6 During construction of the Project,

a) only one grab dredger shall be in operation whenever dredging or backfilling works is being carried out within the Sha Chau and Lung Kwu Chau Marine Park as shown in Figure 6 of this Permit; and

b) no more than two grab dredgers shall be in operation when dredging or backfilling works is not being carried out within the Sha Chau and Lung Kwu Chau Marine Park, provided that the two dredgers shall be separated by at least 1 km and their total production rate shall not exceed 7,000m³ per day. Daily production rates shall be recorded and reported in the monthly Environmental Monitoring and Audit Report under Condition 5.3 of this Permit.

3.7 No Lean Material Overboard (LMOB) system shall be used.

3.8 No leaking pipe shall be used for any hydraulic dredging operation.

3.9 Bottom openings of barges and trailing suction hopper dredgers shall be tightly sealed to prevent leakage of dredged materials. Freeboard on barges shall be provided to ensure that decks are not washed by wave action.

3.10 No dredged material shall be splashed to the surrounding water during loading of dredged material to barges and hopper dredgers.

3.11 No dredged material shall be overflowed from barges and hopper dredgers during loading or transportation.

3.12 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Appendix A shall be implemented throughout the construction period.

Measures to Protect the Sha Chau and Lung Kwu Chau Marine Park and Avoid, Minimize or Mitigate Ecological and Fisheries Impacts during Construction

3.13 No piling activity other than those already completed prior to the issue of this Permit shall be implemented for the Project unless otherwise agreed with the Director.

3.14 No construction work shall be carried out from shore or land within the Sha Chau and Lung Kwu Chau Marine Park.

3.15 No hydraulic dredging shall be carried out within the Sha Chau and Lung Kwu Chau Marine Park.

3.16 Pipeline trench dredging within the Sha Chau and Lung Kwu Chau Marine Park shall be scheduled to coincide with maintenance dredging for marine access channel for Sha Chau Aviation Fuel Receiving Facility.

3.17 A 250m dolphin exclusion zone during dredging activity shall be implemented. Dredging works shall not be carried out until the area is certified by a qualified person to ensure continuously clear of Chinese White Dolphin within the 250m exclusion zone for 30 minutes.

3.18 No dredging works shall be carried out in the night time (i.e. from 1900 hours to 0700 hours of the following day) except for the section crossing the Urmston Road Channel as shown in Figure 6 of this Permit.

3.19 No dredging works shall be carried out from March to August in order to avoid the peak calving season of Chinese White Dolphin.

4. Submissions or Measures for the Operation of the Project

Measures to Prevent Risk to Life, Fuel Spillage, Land Contamination and Water Quality Impact during Operation

Design Audit Report

4.1 The Permit Holder shall be fully responsible for monitoring and audit the proper implementation and effectiveness of the design arrangements and measures mentioned in Condition 3.5 of this Permit to prevent risk to life, fuel spillage, land contamination and water quality impact during operation of the Project. The Permit Holder shall, at least six months before operation of the Project, deposit with the Director four hard copies and one electronic copy of an audit report showing the incorporation of the relevant recommendations and measures. The audit report shall also include a systematic checking of the design arrangements and measures incorporated in the Project and an operation manual providing detailed operating and monitoring procedures for the operation of the Project.

Annual Audit Report

4.2 The performances of the design arrangements and measures mentioned in Condition 3.5 of this Permit shall be inspected, tested and audited at least once a year and documented in an annual audit report. Four hard copies and one electronic copy of the annual audit report shall be deposited with the Director within first three months after the end of the audit year.

Contingency Plan

4.3 The Permit Holder shall formulate a comprehensive contingency plan to handle the event of fire, fuel spillage and fuel leakage. The contingency plan shall at least detail the remedial actions, the emergency response planning and procedures, the logistic arrangements and coordination and the notification arrangements for the event of fire, fuel spillage and fuel leakage. Oil dispersant shall not be used. The Permit Holder shall carry out regular rehearsal of the contingency plan to ensure the effectiveness of the plan. The Permit Holder shall, at least two month before operation of relevant parts of the Project, deposit with the Director four hard copies and one electronic copy of the contingency plan.

Environmental Management System

4.4 The Permit Holder shall, before the operation of the Project or otherwise agreed by the Director, develop and implement an Environmental Management System (EMS) for the operation of the Project. The EMS is to ensure that the operation of the Project is in environmentally friendly manner and in accordance with all relevant environmental legislations. The EMS shall include at least regular audit of the Project to ensure that it is properly operated and maintained to avoid or minimize any environmental impact. The Permit Holder shall engage an Environmental Manager to oversee and implement the EMS. The Environmental Manager shall be a person who has at least 7 years of experience in Environmental Monitoring and Audit (EM&A) or environmental management. The EMS shall be certified under ISO 14000 within 1 year after the operation of the Project or otherwise agreed by the Director.

Design Review Report for Second Stage Development

4.5 The Permit Holder shall, at least 6 months before construction of the second stage of the Project as shown in Figure 2 of this Permit, submit a design review report to the Director for approval. The report shall include, but not be limited to, a review of hazard to life assessment for the Project.

5. Environmental Monitoring and Audit (EM&A) for the Project

5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual. Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before their implementation.

5.2 Four 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 sub-sea pipelines of the Project. The submission shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.3 Four hard copies and one electronic copy of the monthly EM&A Report for the Project shall be submitted to the Director within 2 weeks after the end of the reporting month. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.4 The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) as set out in the Event/Action Plan, or as agreed by the Director.

5.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

5.6 To ensure a high degree of transparency regarding the monitoring data and results, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 6.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

5.7 Records of measurements and remedial actions taken under Condition 5.4 of this Permit shall be logged and kept within 3 working days of the collection of data or completion of remedial action, shall be included in the EM&A Reports and shall be available for inspection on site or as requested by the Director.

5.8 Within three months of the commencement of construction of the Project, the Permit Holder shall install and thereafter maintain a system of web cameras covering the works areas at Tuen Mun site. The system shall provide real time visual monitoring of the site condition during construction and be accessible by public through the dedicated web site set up by the Permit Holder under Condition 6.2 below.

6. Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the EM&A Manual, Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 as described in Conditions 5.2 and 5.3 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 hard copies.

6.2 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of construction of the Project. All environmental monitoring results described in Condition 6.1 above, all submissions and all performance test data and results required by this Permit and all minutes of meetings, documents and papers for the Community Liaison Group as described in Condition 2.4 shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

6.3 The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and project profile of the Project. The internet website shall have features capable of : -

(a) providing access to all environmental monitoring data collected since the commencement of work and all submissions under this permit;

(b) searching by date;

(d) 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 conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, 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 the Project site by the amended permit.

4. A person who assumes the 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, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.

6. If this Permit is cancelled or surrendered during construction or operation 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 or operate a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.

7. Any person who constructs or operates 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 EIA Ordinance for details and seek independent legal advice.

Environmental Permit No. EP-262/2007/A

Appendix A (as referred to in Condition 3.12)

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

(a) Surface Runoff

(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.

(iii) Silt removal facilities, channels and manholes shall be maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning at all times.

(iv) Open stockpiles of construction materials (e.g. aggregates and sand) on site shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

(v) Manholes (including any newly constructed ones) shall always be adequately covered and temporarily sealed so as to prevent silt, construction materials or debris from getting into the drainage system, and to prevent storm run-off from getting into foul sewers. Discharges of surface run-off into foul sewers shall always be prevented in order not to unduly overload the foul sewerage system.

(b) General Construction Activities

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material can be minimised by scheduling the construction programme in a way that one section of the Project can be constructed and completed before the excavation works of the next section commence.

Environmental Permit No. EP-262/2007/A

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