Environmental Permit No. EP-01/122/2003/D
環境許可證編號EP-01/122/2003/D
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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
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-296/2009. The amendments described
below, are incorporated into this Environmental Permit (No. EP-01/122/2003/D).
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-296/2009 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/D)。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﹕-
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Application No. 申請書編號： |
VEP-296/2009 |
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Document in the Register: 登記冊上的文件： |
(1)
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”] 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”] (2)
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) 環境保護署署長於 |
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(3)
Application
for an Environmental Permit No. AEP–122/2002 申請環境許可證編號AEP-122/2002 (4)
Environmental
Permit Issued – Permit No.: EP-122/2002 issued on 7 March 2002 已簽發的環境許可證– 許可證編號EP-122/2002;
於 (5)
Application
for a Further Environmental Permit No. FEP-062/2003 申請新的環境許可證編號FEP-062/2003 (6)
Further
Environmental Permit issued – Permit No.: FEP-01/122/2003 issued on 10 April
2003. 已簽發的新的環境許可證– 許可證編號FEP-01/122/2003;
於2003年4月10日簽發。 (7)
Application
for Variation of an Environmental Permit No. VEP-246/2007 and attachments
submitted by the Permit Holder on 28 November 2007. 許可證持有人於 (8)
Application
for Variation of an Environmental Permit No. VEP-247/2007 and attachments submitted
by the Permit Holder on 30 November 2007. 許可證持有人於 (9)
Further
Environmental Permit Issued – Permit No.: EP-01/122/2002/A issued on 27 December
2007 已簽發的新的環境許可證–
許可證編號EP-01/122/2003/A; 於 (10)
Environmental
Permit Issued – Permit No.: EP-122/2002/A issued on 27 December 2007. 已簽發的環境許可證–
許可證編號EP-122/2002/A; 於 (11)
Application
for Variation of an Environmental Permit No. VEP-262/2008 and attachments
submitted by the Permit Holder on 6 May 2008. 許可證持有人於 (12)
Application
for Variation of an Environmental Permit No. VEP-263/2008 and attachments
submitted by the Permit Holder on 6 May 2008. 許可證持有人於 (13)
Further
Environmental Permit Issued – Permit No.: EP-01/122/2003/B issued on 20 May
2008. 已簽發的新的環境許可證– 許可證編號EP-01/122/2003/B;
於2008年5月20日簽發。 (14)
Environmental
Permit Issued – Permit No.: EP-122/2002/B issued on 20 May 2008. 已簽發的環境許可證– 許可證編號EP-122/2002/B;
於2008年5月20日簽發。 (15)
Application
for Variation of an Environmental Permit No. VEP-267/2008 and attachments
submitted by the Permit Holder on 30 June 2008. 許可證持有人於 (16)
Application
for Variation of an Environmental Permit No. VEP-268/2008 and attachments
submitted by the Permit Holder on 3 July 2008. 許可證持有人於 (17)
Further
Environmental Permit Issued – Permit No.: EP-01/122/2003/C issued on 17 July
2008. 已簽發的新的環境許可證– 許可證編號EP-01/122/2003/C;
於 (18)
Environmental
Permit Issued – Permit No.: EP-122/2002/C issued on 17 July 2008. 已簽發的環境許可證– 許可證編號EP-122/2002/C;
於 (19)
Application
for Variation of an Environmental Permit No. VEP-296/2008 and attachments
submitted by the Permit Holder on 7 August 2009. [Hereafter referred to as “the
Application No. VEP-296/ 許可證持有人於 [下稱 “申請書編號 VEP-296/ |
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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 |
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VEP-246/2007 |
28
November 2007 |
Vary Condition 更改新的環境許可證編號FEP-01/122/ |
27
December 2007 |
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VEP-262/2008 |
6
May 2008 |
Vary Condition 更改新的環境許可證編號EP-01/122/2003/A
C部 第 3.3項條件。 |
20
May 2008 |
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VEP-267/2008 |
30
June 2008 |
Vary Condition 更改新的環境許可證編號EP-01/122/2003/B
C部 第 3.3項條件。 |
17
July 2008 |
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VEP-296/2009 |
7 August 2009 |
Vary Condition 更改新的環境許可證編號EP-01/122/2003/C |
1 September 2009 |
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1 September 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) |
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:
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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 [這項/這些工程項目下稱 "工程項目"。] |
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Nature of Designated Projects |
1. Reclamation works (including associated
dredging works) of about 2. About 3. About 4. About 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。 |
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Location of Designated Projects 指定工程項目的地點 |
Central District in |
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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 工程項目包括：在中環進行面積約為 |
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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); 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/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
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) or the Final Reclamation Area East
(FRAE) 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
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
v. The filling
operation through split hopper barges shall not be
carried out in both the FRAW and the FRAE on the same day and the filling rate shall not be greater
than
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
or the FRAE;
viii. Four layers of silt curtains
shall be installed across the gap(s) left by incomplete section(s) of the
seawall for both the FRAW and the FRAE.
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
To ensure that the
use of 'Type A Fill' will not result in unacceptable water quality impact, the operation
plan of silt curtain system and the fill work plan and additional water quality
monitoring programme shall be implemented in accordance with those requirements
as stated in the Application for Variation of Environmental Permit (Application
No. VEP-267/2008). The additional 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 of this Permit, the existing silt screen installed at the MTRC South Intake (as shown in Figure 6 of this
Permit) shall be properly
maintained until:
(i)
two
years after the reclamation works of CRIII was completed; or
(ii)
the Wan Chai Development Phase II contractor takes possession of the embayment area; or
(iii)
the intake is decommissioned or relocated to
outside the embayment area as shown in
Figure 7 of this Permit,
whichever is earliest.
After
the completion
of the eastern seawall of the Project(s) and during the period with the silt screen in place, dissolved oxygen (D.O.) monitoring shall
be conducted at 3 monitoring stations located between
(i) the outfall of Culvert L and (ii) the
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);
(c)
Hong
Kong Station Extended Overrun Tunnels to the north of Central Barracks (Figure
9);
(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
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
(c) Remedial actions for rectifying exceedances as
described in Condition 4.4 above.
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
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;
(c)
searching
by types of monitoring data (water quality, noise and air quality); 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(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, 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.
Environmental Permit No. EP-01/122/2003/D
環境許可證編號 EP-01/122/2003/D
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 |
- |
|
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 |
- |
|
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.
| Figure
1 | Figure
2 | Figure
3 | Figure
4 | Figure
5 | Figure
6 | Figure
7 | Figure
8 | Figure
9 | Figure
10 |