Environmental Permit No. EP-328/2009/A
環境許可證編號EP-328/2009/A
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
Section
10 and 13
環境影響評估條例
(第499章)
第10條及13 條
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造指定工程項目的環境許可證
A部
(許可證主要部分)
Pursuant to
Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the
Director of Environmental Protection (the Director) grants the environmental permit
EP-328/2009 to Civil Engineering and Development Department (hereinafter
referred to as the “Permit Holder”) on 2 February 2009. Pursuant to Section 13 of the EIAO, the
Director amends the environmental permit (No. EP-328/2009) based on the
Application No. VEP-289/2009. The amendments, described below, are incorporated
into this Environmental Permit (No. EP-328/2009/A). This Environmental Permit
as amended is for the construction of the designated project described in Part B subject to the conditions specified
in Part C. The issue of this Environmental
Permit is based on the documents, approvals or permissions described below:
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2009年 2月 2日將環境許可證(編號 EP-328/2009)批予土木工程拓展署 (下稱“許可證持有人”)。根據環評條例第
13條的規定，署長因應申請編號 VEP-289/2009 修訂環境許可證編號 EP-328/2009。下文說明的修訂，已包含在本環境許可證內
(EP-328/2009/A)。本經修訂的環境許可證，適用於建造B 部所說明的指定工程項目，但須遵守C 部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application
No. 申請書編號： |
VEP-289/2009 |
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Document
in the Register: 登記冊上的文件： |
(1)
Dredging Works for Proposed Cruise Terminal at
Kai Tak - Environmental Impact Assessment Report - Environmental Monitoring and Audit Manual - Environmental Impact Assessment Report: Executive Summary Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-115/2007) 擬議啟德郵輪碼頭的挖泥工程 -
環境影響評估報告 -
環境監察與審核手冊 - 環境影響評估報告之行政摘要 下稱“環評報告”（登記冊編號AEIAR-115/2007） |
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(2) The Director’s letter of approval of the
EIA Report dated 19 December 2007 referenced (21) in EP2/K19/C/ 署長於2007年 12月 19日發出批准環評報告的信件檔案編號 (21)
in EP2/K19/C/ |
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(3)
Application for Environmental Permit received
on 14 January 2009 (Application No.: AEP-328/2009) 許可證持有人於 |
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Application
No. 申請書編號： |
VEP-289/2009 |
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Document
in the Register: 登記冊上的文件： |
(4)
Environmental Permit issued on 2 February 2009
(Permit No. EP-328/2009) 於2009年 2月 2日發出的環境許可證(許可證編號 EP-328/2009) |
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(5)
Application for Variation of an Environmental
Permit received on 10 June 2009 (Application No.: VEP-289/2009) 許可證持有人於2009年6月10日提交的更改環境許可證申請文件 (申請書編號 VEP-289/2009)
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Application
No. 申請書編號 |
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 |
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VEP-289/2009 |
10
June 2009 |
Vary
Conditions 2.12 and Figure 更改環境許可證編號 EP-328/2009的C部第2.12項條件及圖五 |
15
June 2009 |
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15 June 2009 |
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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 李韓琇玲女士代行) |
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PART B (DESCRIPTIONS
OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated projects 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 |
Dredging Works for Proposed Cruise Terminal at Kai
Tak [This designated project is
referred hereafter as “the Project”] [本指定工程項目下稱「工程項目」] |
|
Nature
of Designated Projects |
A dredging operation exceeding 挖泥量超過 |
|
Location
of Designated Project 指定工程項目的地點 |
Kai Tak. See Figure
1 attached to this Permit. 啟德。參看圖1。 |
|
Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
(a)
Dredging
of marine sediment from seabed in the Harbour area off the southern tip of
the former 從舊啟德機場跑道南端對開海床挖走海泥(挖泥面積：約 (b)
Removal
and reconstruction of existing seawall of about 透過在舊啟德機場跑道南端挖泥，把長約 |
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 (EIA) 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), and Waste Disposal Ordinance (Cap.354). This Permit does not of
itself (a) constitute any ground of defence against any proceedings instituted
under any legislation or (b) 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 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 EIA Ordinance Register Office.
1.4
The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site(s) refers to site(s) of
construction 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) or adjacent works area(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 Project
site(s) or adjacent works area(s).
1.6
The Permit Holder
shall construct 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 and constructed in accordance with the information and all
recommendations described in the EIA Report (EIAO
Register No. AEIAR-115/2007); other relevant documents in the Register; and
the information or mitigation measures described in this Permit, and 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
submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the comments, if any, made by the Director within one month
of the receipt of the Director’s comments or otherwise as specified by the
Director.
1.9
All
submissions approved by the Director, all submissions deposited without
comments by the Director, and all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C
of this Permit. Any variation of the submissions shall be approved by the Director
in writing or as prescribed in the relevant permit conditions. Any
non-compliance with the submissions may constitute a contravention of the
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 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 of construction of
the Project (including different stages) 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.
1.12
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 finalised 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 hardcopies.
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. Specific
Conditions
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
2.1 An Environmental
Team or separate Environmental Teams (ET/ETs) shall be established by the Permit Holder for the coral translocation works and / or the
dredging works no later than two weeks before commencement of construction of the
Project. The ET/ETs shall not be in
any way an associated body of the Contractor or the Independent Environmental Checker or the Independent
Environmental Checkers (IEC/IECs) for the
Project. The ET/ETs shall be headed
by an ET Leader/ separate ET Leaders. The ET leader / ET leaders shall be a person / persons who has / have at least 7 years of
experience in environmental monitoring and auditing (EM&A) or environmental
management. The ET/ETs and the ET Leader/ET Leaders 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-115/2007) of the Project. In addition, the ET
Leader/ET Leaders shall be
responsible for certifying the environmental acceptability of the relevant permanent and temporary
works, relevant design plans and submissions under this Permit. The ET
Leader/ET Leaders 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-115/2007) or this
Permit. The ET Leader/ET
Leaders shall notify the IEC/IECs within one working
day of the occurrence of any such instance or circumstance or change of
circumstances. The ET Leader/ET
Leaders’ 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-115/2007) 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/ET Leaders 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/ET Leaders. Failure by the Permit Holder to make
replacement, or further failure to keep contemporaneous records in the log-book
despite the employment of new ET
Leader/ET Leaders may render the
Permit liable to suspension, cancellation or variation.
2.2 An
Independent Environmental
Checker or separate Independent Environmental Checkers (IEC/IECs) shall be employed by the
Permit Holder for the coral
translocation works and the dredging works no later than two weeks
before commencement of construction of the Project. The IEC/IECs shall not be in any way an
associated body of the Contractor or the ET/ETs for the Project. The IEC/IECs shall be a
person / persons who has / have at least 7 years of
experience in EM&A or environmental management. The IEC/IECs shall be responsible for duties defined in the
EM&A Manual (Register No. AEIAR-115/2007) 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/IECs shall be responsible for verifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions under this Permit. The IEC/IECs shall verify
the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC/IECs shall notify the Director by
fax, within one working day of receipt of notification from the ET Leader/ET Leaders of each and every occurrence, change of
circumstances or non-compliance with the approved EIA Report (Register No.
AEIAR-115/2007) or this Permit, which might affect the
monitoring or control of adverse environmental impacts from the Project.
In the case where the IEC/IECs fails to so notify the Director of the
same, fails to discharge the duties of the IEC/IECs 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/IECs. Failure to replace the IEC/IECs as directed or
further failure to so notify the Director despite employment of new IEC/IECs may render the Permit liable
to suspension, cancellation or variation. Notification by the Permit Holder is
the same as notification by the IEC/IECs for the purpose
of this Condition.
2.3 The Permit Holder shall, no later than one week before the commencement
of construction of either
Stage 1 or Stage 2 of the Project as described in Condition 2.5 of this Permit, 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 Only closed grab dredger
shall be used for all dredging works of the Project to minimize release of
sediment and other contaminants during dredging.
2.5 Dredging works shall be carried out
in two stages (i.e. Stage 1 & Stage 2) in areas as shown in Figure 1.
Dredging works in Stage 2 area shall not be carried out concurrently with the
dredging works in Stage 1 area.
2.6 For
removal of the existing seawall and the seabed (marked red in Figure 1)
underneath along the southern tip of the former Kai Tak Airport runway (i.e.
Stage 1 dredging area within existing seawall for berth construction as
indicated in Figure 1) by dredging, no more than two dredgers shall be used at
the same time and the total maximum dredging rate shall not exceed
2.8 Throughout
the dredging works in Stage 1 area, silt screens shall be installed at the
Water Supplies Department’s flushing water intakes at Cha Kwo Ling, Sai Wan Ho,
2.9 After
completion of the Stage 1 dredging works and before completion of the Stage 2
dredging works, further dredging in Stage 1 area to maintain the necessary
water depth within the manoeuvring area for cruise vessels (marked yellow in
Figure 1) shall not be carried out concurrently with the dredging works in
Stage 2 area and shall not be carried out during the wet season (i.e. April to
September). No more than one dredger shall be used and the maximum dredging
rate shall not exceed
Measures
for Waste Management
2.10 At least one month prior to the reuse and/or disposal of dredged
materials arising from removal of the existing seawall and the seabed (marked
red in Figure 1) underneath along the southern tip of the former Kai Tak
Airport runway (dredged materials from seawall removal), the Permit Holder
shall deposit with the Director four hard copies and one electronic copy of a
Waste Management Plan (WMP) for the dredged materials from seawall removal. The
WMP shall be certified by the dredging works ET Leader and verified by the dredging
works IEC as conforming to the relevant information and recommendations
contained in the approved EIA Report (Register No. AEIAR-115/2007). The WMP shall at least indicate (i) the total amount of the dredged
materials from seawall removal; (ii) the quantity of the dredged materials from
seawall removal that will be reused on-site; and (iii) the quantity of the
dredged materials from seawall removal that will be disposed off-site and the
location(s) of the recipient site(s). A trip ticket system shall be included in
the WMP for off-site disposal of any dredged materials from seawall removal.
The surplus of the dredged materials from seawall removal shall only be
disposed of at designated 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.
Measures for
Mitigating Cultural Heritage Impact
2.11 All
dredged materials shall be monitored for the presence of archaeological finds
in accordance with the Archaeological Monitoring Brief as set out in Appendix
7.1 of the approved EIA Report (Register No. AEIAR-115/2007),
which is reproduced in Annex A of this Permit.
Measures for
Mitigating Marine Ecological Impact
2.12 Prior to commencement of construction of the Project, coral colonies attached
on small rocks and boulders that are manually movable by a diver underwater and
are directly affected by the Project as identified in the Coral Translocation
Plan (CTP) approved under Condition 2.12 of environmental permit No. 328/2009, shall
be translocated to the CTP recommended coral recipient site in Junk Bay where
similar hydrographic condition and healthy community of the same coral species
were recorded. All translocation activities shall be carried out by experienced
marine ecologist(s) to be agreed by the Director and in accordance with the
procedures and requirements as set out in the approved CTP. The CTP recommended
coral recipient site in
3.
Environmental Monitoring and Audit (EM&A) Requirements
3.1 The EM&A
programme of the Project shall be implemented in accordance with the procedures
and requirements as set out in the EM&A Manual of the approved EIA Report (Register No.
AEIAR-115/2007) of the
Project. Any change to the EM&A requirements or 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 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 complying 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 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 complying 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.
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.
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 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-328/2009/A
環境許可證編號EP-328/2009/A
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