Environmental Permit No. EP-040/1999/E
環境許可證編號EP-040/1999/E
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
Section 10&13
環境影響評估條例
(第499章)
第10及第13條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT(S)
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-040/1999) to CARLYLE INTERNATIONAL LTD (hereinafter referred to as the "Permit Holder") on 22 October 1999. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-040/1999/D) based on the Application No. VEP-270/2008. The amendments, described below, are incorporated into this Environmental Permit (EP-040/1999/E). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.
根據環境影響評估(條例)第10條的規定﹐環境保護署署長(署長)於1999年10月22日將環境許可證(EP-040/1999)批予CARLYLE INTERNATIONAL LTD. (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-270/2008修訂環境許可證編號EP-040/1999/D。以下修訂已包含在本環境許可證內(EP-040/1999/E)。本經修訂的環境許可證作為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部所說明或附載的條件。
This Environmental Permit is based on the documents, approvals and applications described below:-
本環境許可證乃根據下文件、批准及申請而簽發：-
|
Document in the Register : |
Engineering
Feasibility Study for Infrastructural Works for the Proposed Development at Telegraph Bay (Register No. AEIAR - 009/1999)[This Study is hereinafter referred to as
"EIA Report 009"]
Application for Variation of Environmental Permit No. VEP-058/2001
[Hereafter referred to as "the Application VEP-058/2001"]
Application for Variation of Environmental Permit No. VEP-110/2003 [Hereafter referred to as “the Application VEP-110/2003”] 申請更改環境許可證編號VEP-110/2003:[下稱"申請表編號VEP-110/2003"]
Application for Variation of Environmental Permit No. VEP-270/2008 [Hereafter referred to as “the Application VEP-270/2008”] 申請更改環境許可證編號VEP-270/2008:[下稱"申請表編號VEP-270/2008"]
|
|
Application No. |
Date of Application |
List of Amendments Incorporated into this Environmental Permit |
Date of Amendment |
|
VEP-037/2001 |
22 January 2001 |
Vary Conditions 1.3, 1.7, 2.1 to 2.5, 3.5, 3.9, 3.10, 3.13 to 3.21,
4.1, 4.2, 4.9 to 4.13, 6.1 to 6.6, 6.8&6.9 in Part C of EP-040/1999.
Conditions 3.2&4.12 in Part C of EP-040/1999 deleted. |
19 February 2001 2001年2月19日 |
|
VEP-055/2001 |
29 August 2001 |
Vary Conditions 2.5, 3.1, 3.13, 4.1, 4.2, 4.3, 4.6, 4.9 in Part C and
Condition 4 under "Remarks" in Part C of EP-040/1999/A together
with Fig. 1, 2, 3 and 4 as well as Appendix 2. Condition 3.12 in Part C of
EP-040/1999/A deleted. |
27 September 2001 2001年9月27日 |
|
VEP-058/2001 |
28 December 2001 |
Vary Conditions 3.12, 3.14, & 3.19 in Part C of EP-040/1999/B together
with Fig. 1, 2, 3, 4 and 5 as well as Appendix 3. Delete Condition 3.16
in Part C of EP-040/1999/B. Renumber Conditions 3.17, 3.18, 3.19 &
3.20 in Part C of EP-040/1999/B. |
8 August 2002 2002年8月8日 |
|
VEP-110/2003 |
30 August 2003 2003年8月30日 |
Vary “Nature of Designated Project” and “Scale and Scope of Designated Project” in Part B; Conditions 1.3, 1.7, 2.1, 2.2, 2.4, 2.5, 3.1, 3.5, 3.19, 4.1, 4.2, 4.3, 4.10, 4.11, 4.12, 5.2, 6.1, 6.2, 6.4, 6.5, 6.6, 6.8 and 6.9 in Part C; and Appendices 1 and 2 of EP-040/1999/C. Delete Conditions 2.3, 3.3, 3.6, 3.8, 3.12 to 3.18, 4.4 to 4.8 and 6.3 in Part C; Figures 2, 3, and 5 as well as Appendix 1A of EP-040/1999/C. Renumber Conditions 2.4, 2.5, 3.4, 3.5, 3.7, 3.9, 3.10, 3.11, 3.19, 4.9, 4.10, 4.11, 4.12, 4.13, 6.4, 6.5, 6.6, 6.7, 6.8 and 6.9. 更改環境許可証編號B部指定工程項目的性質、規模和範圍；C部條件第1.3, 1.7, 2.1, 2.2, 2.4, 2.5, 3.1, 3.5, 3.19, 4.1, 4.2, 4.3, 4.10, 4.11, 4.12, 5.2, 6.1, 6.2, 6.4, 6.5, 6.6, 6.8至6.9項及附件1及2。環境許可證編號EP-040/1999/C C部條件第2.3, 3.3, 3.6, 3.8, 3.12至3.18, 4.4至4.8, 6.3及圖2, 3及5及附件1A取消。為環境許可證編號EP-040/1999/C C部條件第2.4, 2.5, 3.4, 3.5, 3.7, 3.9, 3.10, 3.11, 3.19, 4.9, 4.10, 4.11, 4.12, 4.13, 6.4, 6.5, 6.6, 6.7, 6.8 及6.9重新編號。
|
As the date of EP-040/1999/D |
|
VEP-270/2008 |
28 July 2008 2008年7月28日 |
Vary
Figure 2 and Appendix 2 under Condition 4.2, vary Appendix 3 under
Condition 4.4 and vary Condition 5.2 in Part C of EP-040/1999/D. |
As the date of EP-040/1999/E |
|
________________________ |
___________________________________________ |
|
Date |
(Mrs. Shirley LEE) Principal Environmental Protection Officer for the 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 (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 (the
Permit):
下列為本環境許可證(下稱許可證)A部所提及的指定工程項目的說明:
|
Title of Designated Project |
Infrastructural works for Cyberport Development at Telegraph Bay
(excluding advance works) [ This designated project is hereinafter referred
to as "the Project"] |
|
Nature of Designated Project |
Construction of roads, drains and roadside landscape works |
|
Location of Designated Project |
Telegraph Bay, Pokfulam. Figure 1 attached to this Permit shows the locations of the
proposed works. 擬議工程的位置載於本許可證的附圖1。 |
|
Scale and Scope of Designated Project |
The project is to construct infrastructural works for the Cyberport Development including primarily the following (except advance works*): l Road D1 (760m long) and Road D2 (160m long) (*: The advance works for the project is covered by Environmental Permit No. EP-032/1999 issued on 13 August 1999) 本工程項目是為數碼港發展工程興建基礎設施，主要包括(前期工程除外)*: l D1號幹路(760米長)及D2號幹路(160米長) (*: 鋼線灣數碼港發展的前期工程已包括在一九九九年八月十三日發出的環境許可證編號EP-032/1999) |
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 shall be definite ground for enforcement action or Permit cancellation where applicable.
1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354), and others.
1.3 The Permit Holder shall make copies of this Permit as well as EIA Report 009 (Register No. AEIAR-009/1999) and EM&A Manual 032 (Register No. EP-032/1999) available at all times for inspection by the Director at all the sites covered by this Permit.
1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s).
1.5 The Permit Holder shall display a copy of this Permit on the construction site(s) at all vehicular site entrances/exits and at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Environmental 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 of Environmental Protection shall also be displayed at the same locations as the original Permit.
1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions 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 contained in EIA Report 009 (Register No. AEIAR-009/1999).
1.8 All deposited submissions, as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within 1 month of the receipt of the Director's comments or otherwise as specified by the Director.
1.9 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public, if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.
1.10 The Permit Holder shall notify the Director 4 weeks prior to the commencement and the completion of the construction of the project works described in Part B of this Permit.
2. Submissions or Measures before Commencement of Relevant Construction Works
2.1 An Environmental Team (ET), headed by a team leader with over 7 years' of experience in environmental monitoring and auditing (EM&A) or environmental management, has been established before the commencement of construction of the Project. The ET shall be headed by a team leader who has at least 7 years' experience in environmental monitoring and auditing (EM&A) or environmental management. The ET leader shall be responsible for the implementation of the EM&A programmes in accordance with the EM&A requirements as contained in EM&A Manual 032.
2.2 The Permit Holder has employed an Independent Environmental Checker (IEC) with over 7 years' experience in EM&A or environmental management before the commencement of construction of the Project described in Part B of this Permit. The IEC shall have at least 7 years' experience in EM&A or environmental management. The IEC shall audit the overall EM&A programmes including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission required under this Permit.
2.3 The Permit Holder has deposited with the Director, 3 copies of the following design submissions and related plans, of scale 1 in 500 or other reasonable scale, showing the scope, locations and timing of the construction works and mitigation measures to be carried out before the commencement of the associated construction works:
(a) Design of noise barriers for the associated roads has been submitted before the commencement of the related roadworks; and
(b) Design of the landscaping plan has been submitted before the commencement of the landscape works.
2.4 The submissions to be fulfilled under condition 2.3 have been verified by the IEC(s) and approved by the Engineer as conforming to the information and recommendations contained in EIA Report 009. All measures recommended in the design submissions and plans deposited with the Director shall be fully implemented. Any subsequent changes to the submissions and measures shall be verified by the IEC and approved by the Engineer and be deposited with the Director at least 1 month before implementation.
3. Submissions or Measures during Construction of the Project
3.1 All designs and measures described in the submissions deposited under conditions 2.3 and 2.4 shall be fully implemented.
3.2 No rock blasting shall be carried out on site.
3.3 An area of at least 600 sq. m. shall be reserved as shown in Fig. 1 for the Strategic Sewage Disposal Scheme Stage III/IV.
3.4 The types and quantities of equipment to be used on site shall be restricted in accordance with the requirements set out in Appendix 1.
3.5 Acoustic barriers shall be placed to shield the noisy plants from the Pok Fu Lam Training Centre, the Lui Ming Choi Secondary School as well as the Pui Ying Secondary School, during examination periods. The barrier shall be placed as close to the noisy plants as possible, and the material shall have a minimum surface mass of 7 kg/sq.m. The length of the barrier shall be at least five times its height, and the height shall be such that no part of the noisy plants is visible from the noise sensitive receivers being protected.
3.6 The two new streamcourses, which have been constructed prior to the release of stream water flow and filling in of old streamcourse, shall be properly maintained for flow diversion throughout the construction period of the Project.
3.7 The Southern Stream has been realigned as shown in Fig. 1 prior to the construction of the Southern Access Road.
3.8 The boundary of the woodland shall be separated by hoarding from the construction site. No lighting of fire shall be allowed within the site.
3.9 Any changes to the measures mentioned in Section 3 of this Part of the Permit shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in EIA Report 009 before implementation. The verified changes shall be documented in the monthly EM&A report to be submitted within 10 working days of the end of each reporting month, with the first report due in the month after construction commences.
4. Submissions or Measures before Operation of the Project
4.1 All designs and measures described in the submissions deposited under conditions 2.3 and 2.4 above, shall be fully implemented.
4.2 The roadside noise barriers to protect each corresponding phase of residential development from excessive traffic noise shall be properly implemented before the occupation of any residential unit in that particular development phase. To allow sufficient time to fully implement the relevant noise barriers, the Permit Holder shall notify the Director the date of occupation at least 1 year in advance before the occupation of any residential unit for each corresponding phase of residential development, the details of which are shown in Fig. 2 and in Appendix 2.
4.3 Low noise road surfacing on part of Road D1 has been provided as shown in Fig. 2.
4.4 Compensatory planting of at least 2.2 ha shall be carried out as outlined in Appendix 3.
4.5 Before the operation of Road D1, Road D2 and the Southern Access Road, the Permit Holder has deposited a monitoring plan with the Director for assessing the accuracy of traffic noise predictions by comparing the projected noise impact predictions with the actual impacts. The monitoring plan shall contain monitoring locations, monitoring schedules, methodology of noise monitoring including noise measurement procedures, traffic counts and speed checks, and methodology of comparison with the predicted levels. The plan has been verified by the IEC and approved by the Engineer.
4.6 Fences have been erected and dust tolerant shrubs/trees have been introduced along the roadside between the woodland and the developed area to protect the remaining woodland and stream habitats.
4.7 Any changes to the measures mentioned in Section 4 of this Part of the Permit shall be verified by the IEC and approved by the Engineer as conforming to the information and recommendations contained in EIA Report 009 before implementation. The verified changes shall be documented in the monthly EM&A report to be submitted within 10 working days of the end of each reporting month, with the first report due in the month after construction commences.
4.8 The existing 24-hour telephone hotline shall be maintained in proper service throughout the construction of the Project.
5. Submissions or Measures during Operation
5.1 All designs and operational measures described in the submissions approved, or deposited under Sections 2, 3 and 4 above, shall be fully implemented.
5.2 The Permit Holder shall deposit a noise monitoring report to the Director. The monitoring shall be carried out within the first year after the issuance of Occupation Permit (OP) from Buildings Department for the last Phase of the Development in accordance with the monitoring plan required under condition 4.5 unless with prior justification. The Permit Holder shall notify EPD in writing the date of issuance of OP within 14 days after issuance of OP. At least three sets of measurements shall be conducted at each monitoring location. Monitoring details and results, including a comparison between the measured noise levels and the predicted levels, shall be recorded in a report, to be verified by the IEC, and approved by the Engineer, before it be deposited with the Director within one month of completion of the monitoring.
6. Environmental Monitoring and Auditing Requirements
6.1 The EM&A programmes as set out in EM&A Manual 032 shall be implemented. Any changes to the programmes shall be justified by the IEC and be approved by the Engineer as conforming to the requirements set out in the above manual before submission to the Director for approval.
6.2 Samples and measurements for noise and air quality monitoring shall be taken in accordance with the requirements of EM&A Manual 032 by:
(a) conducting baseline noise and air quality monitoring at specified locations and frequencies;
(b) conducting impact monitoring on noise and air quality at specified locations and frequencies;
(c) carrying out remedial actions, in cases where specified criteria in the above mentioned manual are exceeded, in accordance with the Event and Action Plan as set out in the manual; and
(d) logging and keeping detailed records of (a) and (b) above, within 3 working days after collection of data or completion of remedial action, for the preparation and submission of the EM&A Reports and to make available the information for inspection on site.
6.3 5 copies of monthly EM&A Report, verified by the IEC, shall be submitted to the Director, within 10 working days after the last day of each reporting month, or by other means as specified by the Director. Additional copies of the monthly EM&A Report may be required in a form and means specified by the Director.
6.4 5 copies of Quarterly EM&A Report, verified by the IEC, shall be submitted to the Director, within 10 working days after the last day of each reporting quarter, or by other means as specified by the Director. Additional copies of the Quarterly EM&A Report may be required by the Director.
6.5 5 copies of Final EM&A Report, verified by the IEC, shall be submitted to the Director within 20 working days, after the last day of construction work, or by other means as specified by the Director. Additional copies of the Final EM&A Report may be required by the Director.
6.6 The submitted reports, as required in this Part of the Permit, shall be rectified in accordance with the comments made by the Director, within one month of receipt of the Director's comments, or otherwise specified by the Director.
6.7 The actions described in the Event and Action Plans of EM&A Manual 032 shall be carried out, in accordance with the time frame as set out in the Event and Action Plans, or as agreed by the Director.
6.8 All measures described in the EM&A Manual 032 and all monthly EM&A report(s) shall be implemented.
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. 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 Project site by the amended permit.
3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, 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, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.
5. If this Permit is cancelled or surrendered during the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
6. Any person who carries out 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.
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.
Environmental Permit No. EP-040/1999/E
環境許可證編號 EP-040/1999/E
Equipment Schedule – before residential population intake at Cyberport
(Extracted from Appendix 5.1, Volume 1B, the EIA Report)
MAIN CIVIL WORKS
Road Works
|
Powered Mechanical Equipment (PME) |
TM Ref. |
Max. No. of Item |
SWL/Item DB(A) |
|
Truck |
CNP 048 |
4 |
105.0 |
|
Paver |
BS |
1 |
109.0 |
|
Roller |
BS |
1 |
108.0 |
|
Backhoe |
CNP 081 |
2 |
112.0 |
|
Concrete Truck |
BS |
2 |
109.0 |
|
Pneumatic Breaker |
CNP 027 |
3 |
115.0 |
Note: BS – information from BS5228: Part I: 1997 “Noise Control on Construction and Open Sites”
Equipment Schedule – after residential population intake at Cyberport
(Extracted from Appendix 5.1, Volume 1B, the EIA Report and Appendix 5.4, Volume 2,
the EIA Report)
MAIN DEVELOPMENT WORKS
Superstructural Works
Road Works
|
Powered Mechanical Equipment (PME) |
TM Ref. |
Max. No. of Item |
SWL/Item DB(A) |
|
Truck |
CNP 048 |
4 |
105.0 |
|
Paver |
BS |
1 |
109.0 |
|
Roller |
BS |
1 |
108.0 |
|
Backhoe |
CNP 081 |
2 |
105.0 |
|
Concrete Truck |
BS |
2 |
109.0 |
|
Pneumatic Breaker |
CNP 027 |
3 |
115.0 |
Note: BS – information from BS5228: Part I:
1997 “Noise Control on Construction and Open Sites”
Details of residential development phasings and corresponding noise barriers
Before the occupation of any residential unit in each phase of residential development, the respective noise barriers in that development phase shall be properly implemented. The noise barriers shall be provided in accordance with Fig. 2 and in compliance with the relevant submission in conditions 2.3(a) and 2.4 of this Permit. The phasings of residential development together with the corresponding noise barriers are tabulated as follows:
Phasing of Residential Development |
Noise Mitigation Measures |
|
Phases RIII&RIVA – high-rise residential buildings |
· 7m high vertical noise barrier of 166m long to be provided at the edge of the footpath along Cyberport Road. |
|
Phase RV – high-rise residential buildings |
· 3m high vertical noise barrier of 78m long to be provided at the edge of the footpath along Cyberport Road. |
Appendix 3
(page 1 of 2)
Compensatory Planting for Cyberport Development at Telegraph Bay
(Extracted from Appendix 9.6, Volume 1B, the EIA Report)
Area and locations available for compensatory planting. This appendix also contains a map showing the locations of the suggested compensatory tree planting.
The areas suggested for compensatory planting of trees include cut slopes located at Telegraph Bay, Waterfall Bay and below Baguio Villas. Compensatory planting could also be made along the proposal buffer zone separating Route 7 with the proposed Development at Telegraph Bay. Additionally there will also be roadside locations within the development site available for compensatory tree planting as part of the landscape design.
|
Planted Areas |
Location |
Approximate Area Available (ha) |
|
Provided Under this Environmental Permit
|
As shown in Page 2 of 2 in Appendix 3 |
At least 1. 94 |
|
Provided Under Environmental Permit (EP) No. VEP-019/2000/A/EP-065 |
As shown in Landscape Compensatory Planting As-Built Drawings deposited under Condition 2.15 of EP No. VEP-019/2000/A/EP-065 |
At least 0. 26 |
|
|
Approximate Area Available (ha)
|
At least 2.2 ha |
| Figure 1 || Figure 2 || Appendix 1 || Appendix 2 || Appendix 3 |
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