Environmental Permit No. EP-239/2006/B
環境許可證編號 EP-239/2006/B
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 (EIAO), the
Director of Environmental Protection (the Director) grants the environmental
permit (EP-239/2006) to the
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)於
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Application No. 申請書編號 |
VEP-260/2008 |
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Document in the Register : 登記冊上的文件: |
1.
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Environmental Impact Assessment Report -
Environmental Monitoring and Audit Manual -
Executive Summary Hereinafter
referred to as the “EIA Report” (Register No.: AEIAR-100/2006) 香港會議展覽中心中庭擴建工程 -
環境影響評估報告 -
環境監察與審核手冊 -
行政摘要 下稱“環評報告”（登記冊編號AEIAR-100/2006） |
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2.
The
Director’s letter of approval of the EIA Report dated 環境保護署署長於 |
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3.
Application
for Environmental Permit received on 許可證持有人於 |
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4. Environmental Permit
issued on 已簽發的環境許可證
- 許可證編號 : EP-239/2006 於 2006年5 月12日簽發 |
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5. Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 許可證持有人於 |
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6. Environmental Permit
issued on 已簽發的環境許可證
- 許可證編號 : EP-239/2006/A 於 2007年2 月12日簽發 |
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7. Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 許可證持有人於 |
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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 |
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VEP-227/2007 |
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Vary Condition 更改環境許可證編號EP-239/2006,
C部條件第2.8 項 Amend
Figure 3. 更改圖 3。 Vary the Title of Designated Project in
Part B and all figures of Environmental Permit No. EP-239/2006. 更改環境許可證編號EP-239/2006
B部及全部圖的指定工程項目名稱。 |
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VEP-260/2008 |
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Vary Condition 更改環境許可證編號EP-239/2006/A,
C部條件第2.9 項 |
8 May 2008 |
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8
May 2008 |
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Date 日期 |
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(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:
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Title of Designated Project 指定工程項目的名稱 |
(This
designated project is hereafter referred to as “the Project”) (This
designated project was formerly known as “ 香港會議展覽中心擴建工程 (本指定工程項目下稱“工程項目”) (本指定工程項目曾稱為“香港會議展覽中心中庭擴建工程”) |
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Nature of Designated Project 指定工程項目的性質 |
The Project
will involve full enclosure by decking above and by structure on the sides of
roads for more than 此工程項目會涉及完全包圍長度超過 |
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Location of Designated Project 指定工程項目的地點 |
Between
Phase I and Phase II of the 香港灣仔香港會議展覽中心第一期與第二期之間。 The
location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。 |
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Scale and Scope of Designated Project |
Demolition of the
existing Atrium Link between Phase I and Phase II of the Hong Kong Convention
and Exhibition Centre; and construction and operation of the Atrium Link
Extension. 拆卸現有香港會議展覽中心第一期與第二期之間的中庭通道；興建及營辦連接中庭擴建工程項目。 |
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400) and Waste Disposal
Ordinance (Cap. 354). This Permit
does not of itself constitute any ground of defense 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 construction 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 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 approved EIA Report (Register No.
AEIAR-100/2006) 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 date of construction of the Project no later than one
week 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 preparation or
other works as agreed by the Director.
1.14
The Permit Holder shall notify the Director in
writing the commencement date of operation of the Project no later than one week
prior to the commencement of operation of the Project. The Permit Holder shall
notify the Director in writing immediately if there is any change of the
commencement date of the operation.
2. Specific Conditions
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1
An ET
shall be established by the Permit Holder no later than two weeks 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 (Register No. AEIAR-100/2006) of the Project. In addition, the ET Leader shall be
responsible for certifying the environmental acceptability of permanent and temporary
works, relevant design plans and submissions under this Permit. 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-100/2006) or this Permit. The ET Leader shall notify the Independent
Environmental Checker (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-100/2006) or 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 no later than two weeks 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 (Register No. AEIAR-100/2006) of the Project 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-100/2006) or 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
The
Permit Holder shall, no later than one week before 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.
Measures for Mitigating
Water Quality Impact
2.4
The Permit Holder shall liaise with the owners and the
operators of the seawater intakes as shown in
Figure 2 of this Permit to
install silt screens at the seawater intakes. The silt screens shall be installed
before the commencement of the marine pile installation works. The silt screen
shall also be properly maintained until the removal of all of the temporary
marine piles to reduce marine sediment impact at the seawater intakes. Four
copies of a method statement specifying the design and maintenance requirements
of the silt screens shall be deposited with the Director no later than two
weeks before the commencement of the marine pile installation works. The
submission shall be certified by the ET Leader and verified by the IEC as
complied with the requirements set out in the EIA report before submission to
the Director.
2.5
Installation and extraction works of the temporary
marine piles in the water channel which is shown edged blue in
Figure 3 of this
Permit between the Phase I and Phase II of the Hong Kong Convention and
Exhibition Centre (HKCEC) shall be conducted within an area surrounded by two
layers of silt curtains. The silt curtains shall be properly maintained to control
dispersion of marine sediment. Four
copies of a method statement specifying the design and maintenance requirements
of the silt curtain system shall be deposited with the Director no later than
two weeks before the commencement of the marine pile installation works. The
submission shall be certified by the ET Leader and verified by the IEC as
complied with the requirements set out in the EIA report before submission to
the Director.
2.6
No dredging and no reclamation works shall be carried
out in the water channel which is shown edged blue in Figure 3 of this Permit
between the Phase I and Phase II of the HKCEC.
2.7
No permanent structure shall be constructed in the
water channel which is shown edged blue in Figure 3 of this Permit between the
Phase I and Phase II of the HKCEC. All temporary structures in the water
channel shall be removed before the operation of the Project.
2.8
To avoid adverse impact on the flushing capacity of
the water channel which is shown edged blue in Figure 3 of this Permit between
the Phase I and Phase II of the HKCEC, no more than 80 no. of temporary marine
piles shall be installed in the water channel. An indicative drawing showing
the pile layout and the pile dimension of
Measures for
Mitigating Air Quality Impact
2.9
The Permit Holder shall liaise with the owners and
operators of the fresh air intakes at Locations A4, A5 and A6 as shown in
Figure 4 of this Permit to provide ventilation facility and/or re-arrangement
works of the existing ventilation system to maintain a supply of fresh air to
these intakes. The existing intakes
at Location A4 shall be re-arranged such that fresh air is drawn in only at
levels above 14.3mPD. Ventilation facility for the existing intakes at
Locations A5 and A6 shall be installed to draw in fresh air above the roof-top
of the Atrium Link Extension, at a height of no less than 51mPD. The provision of the ventilation
facility and/or rearrangement works of the existing ventilation system shall be
completed before the operation of the Project. Four copies of the design drawings of the
ventilation facility and/or re-arrangement works of the existing ventilation
system shall be deposited with the Director no later than two weeks before the
commencement of installation of the ventilation facility. The submission shall
be certified by the ET Leader and verified by the IEC as complied with the
requirements set out in the EIA report or the Application for Variation of
Environmental Permit (Application
No. VEP-260/2008) before submission to
the Director.
Measures for
Mitigating Landscape and Visual Impact
2.10
The Permit Holder shall, within six months after the
commencement of construction of the Project, deposit with the Director a
submission containing the implementation programme for landscape and visual
mitigation measures, for both the construction and operation stages of the
Project, and to cover the following aspects:
(a)
protection and transplantation of all existing trees
affected by the Project;
(b)
measures to mitigate visual impacts of construction
site/structures and construction activities;
(c)
building architecture of the Atrium Link Extension;
(d)
soft and hard landscape designs for the rooftop garden
and the shady covered area underneath the Atrium Link Extension; and
(e)
measures to reinstate the existing waterfront public
footpaths along
The Permit Holder shall
deposit the plan(s) specifying the relevant details of the mitigation measure
packages no later than two weeks before the implementation of that particular
mitigation measure package(s). All measures recommended in the deposited plans
shall be fully and properly implemented in accordance with the details and time
schedules as set out in the submissions. All submissions required under this
Condition shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the EIA Report
before submission to the Director.
3. Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The EM&A programme of the Project, including
the monitoring for water quality and air quality during the construction stage
and the monitoring for air quality at the initial operation stage, shall be
implemented in accordance with the procedures and requirements as set out in
the EM&A Manual (Register No. AEIAR-100/2006) of the Project. Changes to
the EM&A requirements or programme shall need justification by the ET
Leader and verified by the IEC to their conformance with the requirements as set
out in the EM&A Manual; and the prior approval from the Director shall be
sought before their implementation.
3.2
Four hard copies and one electronic copy of the Baseline
Monitoring Report shall be submitted to the Director at least one week before
the commencement of construction. The submissions shall be certified by the ET
Leader and verified by the IEC as complied with the requirements as set out in
the EM&A Manual before submission to the Director. Additional copies of the
submission shall be provided upon request by the Director.
3.3
Four hard copies and one electronic copy of the
monthly EM&A Reports for the construction and operation stages shall be
submitted to the Director within two weeks after the end of the reporting
month. The monthly EM&A Reports shall include a summary of all
non-compliance with the recommendations in the EIA Report or this Permit. The
submissions shall be certified by the ET Leader and verified by the IEC as
complied with the requirements as set out in the EM&A Manual before
submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.4
All environmental monitoring and audit results
submitted under this Permit shall be true, valid and correct.
3.5
Any necessary remedial measures and actions as
described in the EM&A Manual shall be fully and properly carried out, in
accordance with the time frame(s) set out in the EM&A Manual, or as agreed
by the Director.
3.6
To ensure a high degree of transparency
regarding the monitoring results, all EM&A data and all submissions 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 4.2
below, in the shortest practicable time and in no event later than 2 weeks
after such information is available.
4. Electronic Reporting of EM&A
Information
4.1
To
facilitate public inspection of the 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 3.2
and 3.3 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.
4.2
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 4.1
above and all submissions required by this Permit 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.
4.3
The
internet website as described in Condition 4.2 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;
(c) searching by
types of monitoring data; and
(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, 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 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, Transport and Works, 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 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 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 EIA Ordinance for details and seek independent legal advice.
Environmental Permit No.
EP-239/2006/B
環境許可證編號EP-239/2006/B
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