Environmental Permit No. EP-01/122/2003/A

環境許可證編號 EP-01/122/2003/A

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & Section 13

環境影響評估條例

(第499章)

第 10 及 13 條

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT

A DESIGNATED PROJECT

建造指定工程項目的新的環境許可證

Part A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Further Environmental Permit (No. FEP-01/122/2003) to the Leighton-China State-Van Oord Joint Venture (hereinafter referred to as the “Permit Holder”) on 10 April 2003. Pursuant to Section 13 of the Ordinance, the Director amends the Further Environmental Permit based on the Application No. VEP-246/2007. The amendments described below, are incorporated into this Environmental Permit (No. EP-01/122/2003/A). This Environmental Permit as amended is for the construction of the designated projects described in Part B of this Permit subject to the conditions described in and attached to Part C of this Permit.

根據《環境影響評估條例》（條例）第10及12條的規定，環境保護署署長（署長）於 2003 年 4月 10日將新的環境許可證 (編號FEP-01/122/2003) 批予Leighton-China State-Van Oord Joint Venture (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-246/2007 修訂新的環境許可證。以下修訂已包含在本環境許可證內 (編號 EP-01/122/2003/A)。本經修訂的環境許可證作為建造本許可證B部所說明的指定工程項目，但須遵守本許可證 C 部所說明或附載的條件。

The issue of this environmental permit is based on the documents, approvals or permissions described below:

本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-

Application No.

申請書編號：

VEP-246/2007

Document in the Register:

登記冊上的文件：

Central Reclamation Phase III – Studies, Site Investigation, Design and Construction (Register No.: AEIAR-040/2001)

– Environmental Impact Assessment Report Volumes 1 and 2 (July 2001) and Environmental Impact Assessment Executive Summary (July 2001) [Hereinafter referred to as the “EIA Report”]

– Environmental Monitoring and Audit Manual (July 2001) [Hereinafter referred to as the “EM&A Manual”]

The Director’s letter of approval of the EIA Report dated 31 August 2001(ref (19) in Ax (4) to EP2/H4/C/09 II)

Application for an Environmental Permit No. AEP–122/2002

Environmental Permit Issued – Permit No.: EP-122/2002 issued on 7 March 2002

Application for a Further Environmental Permit No. FEP-062/2003

Application for Variation of an Environmental Permit No. VEP-246/2007.

[Hereafter referred to as “the Application No. VEP-246/2007”]

中環填海計劃第III期– 研究、實地堪測、設計與建築(登記冊編號:AEIAR-040/2001)

– 環境影響評估報告第一冊及第二冊(2001年7月)及環境影響評估行政摘要(2001年7月) [下稱“環評報告”]

– 環境監察及審核手冊(2001年7月) [下稱”環監手冊”]

環境保護署署長於2001年8月31日發出批准環評報告的信件(檔案編號: (19) in Ax (4) to EP2/H4/C/09 II)

申請環境許可證編號AEP-122/2002

已簽發的環境許可證– 許可證編號EP-122/2002; 於2003年3月7日簽發。

申請新的環境許可證編號FEP-062/2003

申請更改環境許可證編號 VEP-246/2007。

[下稱 “申請書編號 VEP-246/2007”]

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-246/2007

28 November 2007

2007年11月28日

Vary Condition 3.3 in Part C of Further Environmental Permit No. FEP-01/122/2003

更改新的環境許可證編號FEP-01/122/2003 C部第 3.3項條件。

27 December 2007

2007年12月27日

27-12-2007

Date

日期

(Mrs. Shirley LEE)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任李韓琇玲女士代行)

PART B (DESCRIPTIONS 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 Projects

指定工程項目的名稱

1. Central Reclamation Phase III

2. Roads P1, P2, D6, D7, D8, D9 and D11

3. Central - Wan Chai Bypass Tunnel

4. North Island Line protection works

[This/these projects is/are hereinafter referred to as “the Project(s)”]

1. 中環填海計劃第III期

2. P1, P2, D6, D7, D8, D9 and D11公路

3. 中環及灣仔繞道隧道

4. 北港島線鐵路保護工程

Nature of Designated Projects
指定工程項目的性質

1. Reclamation works (including associated dredging works) of about 18 ha in size.

2. About 1.05km of primary distributor and about 0.85km of district distributor.

3. About 0.95km of Central - Wan Chai Bypass Tunnel.

4. About 0.5km of North Island Line protection works.

1. 面積約為18公頃的填海工程(包括相聯的挖泥工程)。

2. 建造及營辦約1.05公里長的主要幹路及約0.85公里長的地區幹路。

3. 約0.95公里長的中環及灣仔繞道隧道。

4. 約0.5公里長的北港島線鐵路保護工程。

Location of Designated Projects

指定工程項目的地點

Central District in Hong Kong. The locations of the Project(s) are shown in Figures 1 to 4 attached to this Permit.

港島的中環。工程項目的地點如本環境許可證的圖1至4所示。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

The Project(s) include reclamation of about 18ha of land in Central; construction and operation of about 1.05km of primary distributor and 0.85km of district distributor; construction of about 0.95km of Central – Wan Chai Bypass Tunnel; and construction of about 0.5km of North Island Line protection works.

工程項目包括：在中環進行面積約為18公頃的填海工程；建造及營辦約1.05公里長的主要幹路及約0.85公里長的地區幹路；建造約0.95公里長的中環及灣仔繞道隊道；及建造0.5公里長的北港島線鐵路保護工程。

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance 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 defense against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or 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 the site(s) of the construction of the Project(s) and should mean the same hereinafter.

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 the Project(s) as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project(s) is/are designed and constructed in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-040/2001); or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on-going surveillance and monitoring activities during the construction stage of the Project(s). 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 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. All submissions or any variations of the submissions shall be verified and certified by the Independent Environmental Checker (IEC) referred to in Condition 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 The Permit Holder shall notify the Director in writing the commencement date(s) of construction of the Project(s) at least one week before the commencement of construction of the Project(s). The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date(s) of the construction.

1.12 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.

2. Submissions or Measures before commencement of Construction of the Project(s)

2.1 An Environmental Team (ET) shall be established no later than one month before the commencement of construction of the Project(s). The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project(s). 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 EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report 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 replacement of the ET Leader by notice in writing. Failure 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. (see note 9)

2.2 An IEC shall be employed no later than one month before the commencement of construction of the Project(s). The IEC shall not be in any way an associated body of the Contractor or the ET for the Project(s). 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 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 24 hours of each and every change of circumstances or non-compliance with the recommendations of the EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project(s). In case the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined the EM&A Manual or fails to comply with this Condition, the Director may require the replacement of the IEC by notice in writing. 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. (see note 10)

3. Submissions or Measures for the Construction Period of the Project(s)

3.1 Within 4 weeks after the commencement of construction of the Project(s), the Director shall be informed in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project(s). The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

3.2 Dredging and filling works shall be carried out in phases for the Project(s) in accordance with:

(a) the sequence shown in Figure 5 to avoid formation of embayed water bodies and prevent water pollution problems; and

(b) the specified maximum dredging and filling volumes together with the maximum hourly dredging rates for each phase of activities shown in Table 1.

Any changes to the dredging and filling requirements in items (a) and (b) above shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations contained in the EIA report. The changes shall be immediately documented in the following monthly EM&A report and be made available to the public, following the requirements in Conditions 5.2 and 5.3 below, via internet access in the shortest possible time and in no event later than 2 weeks after the changes have been certified.(see note 11)

3.3 All underwater filling works using marine sand shall be carried out behind seawalls to avoid dispersion of suspended solids into the sea outside the works limit. The seawalls shall be located in accordance with Figure 5 and shall be substantially completed with their top levels above +2.5mPD at the time of filling. All filling works shall be at least 100m or more from any incomplete section of the seawall leading to the sea. In the event that the aforesaid conditions cannot be achieved, suitable silt curtains shall be provided around the filling works to prevent the dispersion of suspended solids.

All underwater filling works using public fill shall be carried out behind fully enclosed seawalls, with their top levels above +2.5mPD at the time of filling. The locations of these fully enclosed seawalls are shown in Figure 5.

Alternatively, the Permit Holder may use "Type A Fill" for underwater filling works in the Final Reclamation Area West (FRAW) as shown in Figure 5 meeting the following requirements to reduce the potential water quality impacts:

i. 'Type A Fill' shall be natural soil material;

ii. 'Type A Fill' shall have less than 20% (by mass) of its particles passing through a 0.063mm sieve;

iii. The Permit Holder shall carry out the filling works behind seawalls to avoid dispersion of suspended solids into the sea outside the works limit. The seawalls shall be located in accordance with Figure 5 and shall be substantially completed with their top levels above +2.5mPD at the time of filling;

iv. All filling works shall be at least 100m or more from any incomplete section of the seawall leading to the sea;

v. The filling rate shall not be greater than 7,000m³ per day;

vi. The fill material shall be sprayed with water to increase the water content;

vii. The filling operation through split hopper barges shall be carried out at an interval of not less than 1 hour in order to avoid the build up of suspended solids within the FRAW;

viii. The filling works area shall be fully enclosed by a layer of silt curtain to control the release of suspended solids out of the works area . The silt curtain shall extend from the water surface to the seabed;

ix. Two layers of silt curtains shall be installed across the gap(s) left by incomplete section(s) of the seawall. The silt curtains shall extend from the water surface to the bottom of the seawall gap(s) to control the release of suspended solids into the Victoria Harbour;

x. The Permit Holder shall deposit with the Director an operation plan for the silt curtain system mentioned in (viii) and (ix) above. The plan shall be deposited at least 1 week prior to the commencement of the filling works using the 'Type A Fill'. The operation plan shall take into account the opening and closing of the silt curtains to allow for the essential movement of marine vessels within the FRAW while reducing the potential dispersion of suspended solids out of the filling works area or into the harbour.

To ensure that the use of 'Type A Fill' will not result in unacceptable water quality impact, an additional water quality monitoring programme shall be implemented to monitor the effectiveness of the control and mitigation measures. The additional water quality monitoring programme plan shall be certified by the ET Leader and verified by the IEC as adequate to monitor the effectiveness of the measures and allow triggering of follow up actions to avoid unacceptable impacts. The monitoring programme plan shall be deposited with the Director at least 1 week before the commencement of the filling works using 'Type A Fill'. The supplementary water quality programme shall form part of the EM&A programme stated in Condition 4.1 of this Permit.

3.4 Closed grab dredgers shall be used during dredging of the Project(s) to avoid dispersion of suspended solids into the sea.

3.5 All barges for transporting dredged materials for the Project(s) shall be properly maintained to prevent leakage of fill materials to the sea during loading and transport.

3.6 No dredged marine sediment shall be stockpiled on site to avoid runoff and odour nuisances.

3.7 Silt screens shall be installed at the cooling water intakes and Wan Chai WSD intake, with locations shown in Figure 6, when carrying out dredging works of the Project(s) to prevent suspended solids from being drawn into the above intakes. The silt screens shall be properly maintained and the floating debris and any substances blocking the screens shall be regularly removed until completion of the dredging and filling works of the Project(s).

3.8 In addition to the measures required in Condition 3.7, where dredging works of the Project(s) is to be carried out concurrently with that of the Wan Chai Development Phase II project (of which the location is shown in Figure 1), silt curtains shall be installed around dredging locations in the Project(s) to prevent dispersion of suspended solids into the sea. The silt curtains shall be properly maintained and the floating debris and any substances blocking the curtains shall be regularly removed until the completion of the dredging works of the Project(s) and the Wan Chai Development Phase II project.

3.9 Upon completion of the eastern seawall of the Project(s) as shown in Figure 7, silt curtain(s) shall be used. The silt curtain(s)shall extend from the water surface to the seabed to channel water discharge flow from Culvert L to locations outside the embayment area shown in Figure 7. The silt curtain(s) shall be properly maintained until the Wan Chai Development Phase II contractor takes possession of the above embayment area.

3.10 Floating debris shall be collected within the works limit of the Project(s) shown in Figure 1at least once everyday during the reclamation period. In the water body near the cooling water intakes, debris shall be collected at least three times a day to prevent accumulation of large debris which would affect the intake operations. The frequency of collecting floating debris shall be documented in the monthly EM&A reports and be made available to the public, following the requirements in Conditions 5.2 and 5.3 below, via internet access in the shortest possible time and in no event later than 2 weeks after implementation.(see note 12)

3.11 3 sets of drawings of appropriate scales, say 1:500, showing the exact locations and details of temporary noise barriers to mitigate construction noise impacts on the Central Barracks and City Hall respectively from the following works (as shown in Figures 8 to 10) shall be deposited with the Director:

(a) Road P2 and drainage works to the north of Central Barrack (Figure 8);

(b) Central-Wan Chai Bypass and drainage works to the north of Central Barrack (Figure 8);

(d) North Island Line protection works to the north of Central Barracks (Figure 9); and

(e) Culvert F extension piling works to the north of City Hall (Figure 10).

The temporary noise barriers shall be in the form of site hoardings, with heights ranging from 3 to 5 m, surface density of at least 7 kg/m² and cranked top.

The drawings showing the temporary noise barriers shall be certified by the ET Leader and verified by the IEC as conforming to the conclusions and recommendations in the EIA Report. These drawings shall be deposited with the Director at least one month before the construction of the above works.

3.12 The temporary noise barriers required in Condition 3.11 shall be constructed and placed as close as possible to the works described in the same condition to mitigate construction noise impacts on the Central Barracks and City Hall respectively.

4. Environmental Monitoring and Audit (EM&A) during the Construction Period

4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual. Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director. (see note 13)

4.2 At least 2 weeks before the commencement of any construction works, a continuous noise monitoring mechanism shall be set up to the satisfaction of the Director. The mechanism shall include a system to report the monitoring results on a website within a period of 2 working days, after the relevant noise monitoring data are collected or become available. This system shall be provided throughout the entire construction period. In the event that the measured noise levels exceed the worst case scenario(s) predicted in the EIA report, the Permit Holder shall take immediate action(s) to activate remediation measures following the procedures specified in the EM&A Manual.(see note 14)

4.3 Samples and measurements shall be taken in accordance with the requirements in the EM&A Manual by: (see note 15)

(a) conducting baseline monitoring on water quality, noise and air quality as set out in the EM&A Manual; and

(b) conducting impact monitoring on water quality, noise and air quality as set out in the EM&A Manual.

4.4 Remedial actions shall be carried out in accordance with the Event/Action Plans, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded.

4.5 Records of the details of the following, except for construction noise, shall be logged and kept within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and making available the information for inspection on site: (see note 16)

(a) Baseline monitoring on water quality, noise and air quality as described in Condition 4.3(a) above;

(b) Impact monitoring on water quality, noise and air quality as described in Condition 4.3(b) above; and

4.6 All environmental monitoring and audit data submitted under this Permit shall be true and correct.(see note 17)

4.7 Two hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of any construction works. The submissions shall be verified and certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.(see note 18)

4.8 Two 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 submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director. (see note 19)

4.9 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 set out in the Event/Action Plans, or as agreed by the Director.

5. Electronic Reporting of EM&A Information

5.1 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 hard copies as described in Conditions 4.7 and 4.8 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 he Director. The content of the electronic copies of these Reports must be the same as the hard copies. (see note 20)

5.2 All environmental monitoring data described in Condition 5.1 above, except for construction noise data described in Condition 4.2 in which reporting is required within 2 working days, shall be made available to the public via internet access in the shortest possible time 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. The Director shall be notified in writing, within 6 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office. (see note 21)

5.3 The internet website as described in Condition 5.2 above shall enable user-friendly public access to the monitoring data with features capable of:(see note 22)

(a) providing access to all environmental monitoring data collected since the commencement of works;

(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(s)) 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. The Permit Holder may apply under Section 13 of 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 construction site by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project(s) may, before he assumes responsibility of the designated project(s), apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. 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.

5. If this Permit is cancelled or surrendered during construction of the Project(s), another environmental permit must be obtained under the Ordinance before the Project(s) 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.

6. Any person who constructs the Project(s) 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.

7. 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.

8. 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.

9. The Civil Engineering and Development Department (CEDD), formerly known as Territory Development Department (TDD), Holder of the Environmental Permit No. EP-122/2002 (the EP), is required under Condition 2.1 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to employ an ET. In case the ET fails to maintain records in the log-book, fails to discharge the duties of the ET Leader as defined in the EM&A Manual or fails to comply with Condition 2.1 of the EP, the Director may require the CEDD by notice in writing to replace the ET Leader. Failure by the CEDD to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render this Permit liable to suspension, cancellation or variation.

10. The CEDD is required under Condition 2.2 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to employ an IEC. In case the IEC fails to notify the Director within 24 hours of each and every change of the circumstances or non-compliance with the recommendations of the EIA Report or this Permit by fax, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with Condition 2.2 of the EP, the Director may require the CEDD by notice in writing to replace the IEC. Failure to replace the IEC as directed by the Director or further failure to notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the CEDD is the same as notification by the IEC for the purpose of Condition 2.2 of the EP.

11. The CEDD is required under Condition 3.2 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to document any changes to the dredging and filling requirements in the monthly EM&A report and to make these changes available to the public, following the requirements in Conditions 5.2 and 5.3 of the EP, via internet access in the shortest possible time and in no event later than 2 weeks after the changes have been certified.

12. The CEDD is required under Condition 3.10 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to document the frequency of collecting floating debris in the monthly EM&A report and make this information available to the public, following the requirements in Conditions 5.2 and 5.3 of the EP, via internet access in the shortest possible time and in no event later than 2 weeks after the changes have been certified.

13. The CEDD is required under Condition 4.1 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to implement the EM&A programme in accordance with the procedures and requirements set out in the EM&A Manual.

14. The CEDD is required under Condition 4.2 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to set up a continuous noise monitoring mechanism to the satisfaction of the Director.

15. The CEDD is required under Conditions 4.3(a) and 4.3(b) of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to take samples and measurements in accordance with the requirements set out in the EM&A Manual.

16. The CEDD is required under Condition 4.3(d) of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to record the details of baseline monitoring, impact monitoring and remedial actions for rectifying exceedances.

17. The CEDD is required under Condition 4.4 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to ensure all environmental monitoring and audit data to be submitted under the EP are true and correct.

18. The CEDD is required under Condition 4.5 of the EP, or where applicable the equivalent condition in ay subsequent EP amended by the Director under the EIAO, to submit two hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before the commencement of any construction works.

19. The CEDD is required under Condition 4.6 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to submit two hard copies and one electronic copy of monthly EM&A report to the Director within 2 weeks after the end of the reporting month.

20. The CEDD is required under Condition 5.1 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to prepare electronic copies of the Baseline Monitoring Report and monthly EM&A Reports 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 to submit these Reports as the hard copies as described in Conditions 4.5 and 4.6 of the EP.

21. The CEDD is required under Condition 5.2 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to make all environmental monitoring data described in Condition 5.1 of the EP, except for construction noise data described in Condition 4.2 of the EP, available to the public via internet access in the shortest possible time and in no event later than 2 weeks after the relevant monitoring data are collected or become available, unless otherwise agreed by the Director. The CEDD is also required to notify the Director in writing, within 6 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed.

22. The CEDD is required under Condition 5.3 of the EP, or where applicable the equivalent condition in any subsequent EP amended by the Director under the EIAO, to ensure the internet website as described in Condition 5.2 of the EP will provide user-friendly public access to the monitoring data, or otherwise as agreed by the Director.

Table 1 : Dredging and Filling Schedules

(Modified from Table 10.14 of the EIA report)

Stage	@Description of activities	Maximum dredging volume (m³)	Maximum filling volume (m³)	Maximum hourly dredging rate (m³/hour)
1	Dredge Initial Reclamation Area West	100,000	-	98
2	Fill Initial Reclamation Area West	-	250,000	-
2	Dredge Initial Reclamation Area East	180,000	-	176
3	Fill Initial Reclamation Area East	-	780,000	-
4	Dredge Final Reclamation Area West	200,000	-	184
5	Fill Final Reclamation Area West	-	425,000	-
5	Dredge Final Reclamation Area East	100,000	-	98
6	Fill Final Reclamation Area East	-	780,000	-

@ This should be read in conjunction with Figure 5.

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