Environmental Permit No. EP-249/2006/B
環境許可證編號EP-249/2006/B
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13
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-249/2006) to the Ocean Park Corporation (hereinafter
referred to as the "Permit Holder") on
根據《環境影響評估條例》（條例）第10及13條的規定，環境保護署署長（署長）於 2006 年 7月 28日將環境許可證 (編號EP-249/2006) 批予海洋公園公司 (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-326/2010修訂環境許可證編號EP-249/2006/A。以下修訂已包含在本環境許可證內(EP-249/2006/B) 。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C部所列明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
|
Application No. 申請書編號 |
VEP-326/2010 |
|
Document in the Register : 登記冊上的文件:
|
1. Repositioning and Long Term Operation
Plan of - Environmental Impact Assessment Report - Environmental Monitoring and Audit Manual - Executive Summary Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-101/2006)
海洋公園之重新定位及長遠營運計劃 -
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-101/2006） |
|
|
2.
The Director’s letter of
approval of the EIA Report dated
環境保護署署長於二○○六年七月十二日發出批准環評報告的信件檔案編號 (43) in
EP2/H16/O/05 Pt. 2 |
|
|
3. Application for Environmental Permit
received on
許可證持有人於二○○六年四月七日提交的許可証申請文件（申請書編號：AEP-249/2006） |
|
4.
Environmental Permit issued
on 已簽發的環境許可證 - 許可證編號 : EP-249/2006於2006年7月28日簽發 |
|
|
|
5.
Application documents for
Variation of Environmental Permit including all attachments submitted by the
Permit Holder on
許可證持有人於2006年9月25日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-223/2006) |
|
|
6.
Environmental Permit issued on
已簽發的環境許可證 - 許可證編號 : EP-249/2006/A 於 2006年10 月23日簽發 |
|
|
7.
Application documents for
Variation of Environmental Permit including all attachments submitted by the
Permit Holder on
許可證持有人於2010年10月15日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-326/2010) |
|
|
|
||||||||||||||||
|
|
|
|
|
|
|||||||||||||
|
|
Date 日期
|
|
(Victor W. T. YEUNG) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 楊維德代 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:
|
Title of Designated Project 指定工程項目的名稱
|
Repositioning and Long Term Operation
Plan of (This designated project is hereafter referred to as “the Project”) 海洋公園之重新定位及長遠營運計劃(本指定工程項目下稱“工程項目”) |
|
Nature of Designated Project 指定工程項目的性質
|
The Project will involve a theme park with a site area of more than 20 ha in size. 此工程項目會涉及場地面積超過20公頃的主題公園。 |
|
Location of Designated Project 指定工程項目的地點
|
Existing site of 香港仔海洋公園的現址及南塱山。 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。 |
|
Scale and Scope of Designated Project |
Expansion
of the existing 擴建現有的海洋公園及重建/ 改建其現有設施。 |
Part C (PERMIT CONDITIONS)
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), Waste Disposal Ordinance (Cap. 354), Dangerous Goods Ordinance (Cap. 295), Antiquities and Monuments Ordinance (Cap. 53) and Entertainment Special Effects Ordinance (Cap. 560). 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-101/2006), the Application for Environmental Permit (Application No. AEP-249/2006), the VEP Application Documents (Application Nos. VEP-223/2006 and VEP-326/2010) 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 2 weeks 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 dates of operation of different phases of the Project no later than one month prior to the commencement of operation of each phase of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates 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 2 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-101/2006) 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-101/2006) 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-101/2006) 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 2 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-101/2006) 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-101/2006) 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 two weeks 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.
2.4
The
Permit Holder shall, no later than two weeks before the commencement of
construction of the Project, deposit with the Director four hard copies and one
electronic copy of the construction programme showing
the commencement and completion dates of major items of construction works and
the relevant mitigation measures to be implemented. The construction programme shall be certified by the ET Leader and verified
by the IEC as conforming to the information, requirements and recommendations
set out in the approved EIA report (Register No. AEIAR-101/2006).
The Permit Holder shall inform the Director accordingly in writing in case of
any subsequent changes of items contained in this submitted construction programme.
Construction Stage
Measures for
Mitigating Land Contamination
Citybus
Depot (CBD) Site
2.5 Soils contaminated with
Total Petroleum Hydrocarbon (TPH) in excess of the Dutch B level of 1,000mg/kg
within the CBD site (as shown in Figure
2) shall be disposed of at a Government landfill to be agreed by the
Director. The Permit Holder shall, no later than one month after
completion of soil disposal at the landfill, issue a written notice to the
Director to confirm satisfactory completion of such disposal. The written
notice shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations set out in the
approved EIA Report before issuance. No construction work shall commence
on the CBD site until the written notice is received by the Director.
2.6 Unless the Permit Holder follows Condition 2.7 regarding alternative soil remediation method(s), soils contaminated with heavy metals, containing arsenic and tin exceeding the Dutch B levels of 30mg/kg and 50mg/kg respectively, within the CBD site (as shown in Figure 2) shall be treated by mixing with cement. At least 1 sample shall be taken from every 100m3 of solidified soils for the Toxicity Characteristic Leaching Procedure (TCLP) test. After the solidified soil samples has pased the TCLP test (with an acceptance criterion of not exceeding 5mg/L for Arsenic), the solidified soils represented by these samples shall be backfilled within the original site boundary and to a level that will allow no less than 1m of clean fill between the remediated soil and the future land use. The Permit Holder shall issue a written notice to the Director to confirm the satisfactory completion of the solidification treatment within one week of passing the TCLP tests. The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report before issuance. No soil shall be backfilled until such written notice is received by the Director. These test results shall be reported in the monthly EM&A report.
2.7 If alternative remediation method(s) for soils contaminated with heavy metals is/are to be proposed, the Permit Holder shall:
(a) no later than one month before commencement of any soil remediation on the CBD site, submit a Remediation Action Plan (RAP), with four hard copies and one electronic copy, to the Director for approval. The RAP shall contain a contamination plan (in the scale of 1:1000 or other appropriate scale) delineating areas with different types of contamination and the types of soil remedial treatments required, based on the information in the Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) contained in the approved EIA report, and any other relevant information to support the proposal. Before submission to the Director, the RAP shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report;
(b) implement all recommended measures fully and properly in accordance with the approved RAP. The alternative soil remediation method(s) shall only be implemented subsequent to the Director’s approval; and
(c) no later than one month after completion of the soil remediation on the CBD site, issue a written notice to the Director to confirm satisfactory completion of the soil remediation works. The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report and the approved RAP before issuance. No construction work other than those for the remediation of the site shall commence within the CBD site until the written notice is received by the Director.
2.8 The Permit Holder shall, no later than one month after completion of soil remediation on the CBD site as required under Conditions 2.5, 2.6 and 2.7, whichever appropriate, deposit with the Director four hard copies and one electronic copy of as-built remediation plan (in the scale of 1:1000 or other appropriate scale) showing the locations and types of contamination and soil remedial treatments carried out. Such a plan shall be certified by the ET Leader and verified by the IEC to demonstrate that Conditions 2.5, 2.6 and 2.7, whichever appropriate, are fulfilled; and
2.9 The Permit Holder shall collect duplicate samples of the treated soil for parallel testing by another qualified laboratory if requested by the Director.
2.10 Prior to the commencement of any works within the HKSM site as shown in Figure 2, the Permit Holder shall deposit with the Director information confirming that land contamination remediation work within the HKSM site has been completed.
2.11 In the event that Condition 2.10 cannot be met, the Permit Holder shall fence off the entire HKSM site to restrict public access. Access to the fenced-off area shall only be allowed for works relating to the remediation of the site. The Permit Holder shall identify the potential contaminated area within the HKSM site and adjust the fenced-off area to isolate the area of contamination. The Permit Holder shall:
(a) no later than one month before commencement of any soil remediation on the HKSM site, submit a CAR, with four hard copies and one electronic copy, to the Director for approval. The CAR shall present findings of land contamination assessment, based on the information in the CAP contained in the approved EIA report. Before submission to the Director, the CAR shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report;
(b) no later than one month before commencement of any soil remediation on the HKSM site, submit a RAP, with four hard copies and one electronic copy, to the Director for approval. The RAP shall contain a contamination plan (in the scale of 1:1000 or other appropriate scale) clearly delineating areas with different types of contamination, the types of soil remedial treatments required and any changes to the fenced-off area. Before submission to the Director, the RAP shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report. All recommended measures shall be fully and properly implemented in accordance with the approved RAP. No remediation works shall be carried out without the Director’s approval of the RAP;
(c) no later than one month after completion of soil remediation on the HKSM site, deposit with the Director four hard copies and one electronic copy of as-built remediation plan (in the scale of 1:1000 or other appropriate scale) showing the locations and types of contamination and soil remedial treatments carried out. Such a plan shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.11(b) is fulfilled;
(d) no later than one month after completion of soil remediation on the HKSM site, issue a written notice to the Director to confirm satisfactory completion of soil remediation works. The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report before issuance. No construction work other than those for the remediation of the site shall commence on the fenced off area within the HKSM site until the written notice is received by the Director; and
(e) collect duplicate samples of the treated soil for parallel testing by another qualified laboratory if requested by the Director.
Measures for Mitigating Water Quality Impacts/Impacts on Corals
2.12 To avoid impacts on coral communities in the marine water around the Nam Long Shan headland, the Permit Holder shall divert construction phase discharges from excavation works at Headland to an existing 1000mm diameter storm water pipe outlet at Tai Shue Wan as shown in Figure 3.
2.13 To improve the coagulation and sedimentation process for construction phase discharges from excavation works at Headland, the Permit Holder shall provide sand/silt removal facilities, including sand/silt traps and sediment basins, with the use of flocculants. The Permit Holder shall, at least one month before commencement of the site clearance works at Headland, deposit with the Director four hard copies and one electronic copy of a drainage proposal showing locations of sand/silt removal facilities, dosage of flocculants to be employed, and details of monitoring flocculants performance. Before submission to the Director, the proposal shall be certified by the ET Leader and the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report. All measures recommended in the deposited proposal shall be fully and properly implemented.
2.14 To minimize the water quality impacts on the marine environment during rainy seasons, the Permit Holder shall properly design and install a silt curtain system to enclose the existing 1000mm diameter storm water pipe outlet at Tai Shue Wan as shown in Figure 3. The Permit Holder shall, no later than one month before commencement of site clearance works at Headland, deposit with the Director four hard copies and one electronic copy of the silt curtain proposal showing:
(a) design details;
(b) location and alignment of the silt curtain system;
(c) inspection requirements to check the proper installation and functioning of the silt curtain system; and
(d) rectification requirements in case of any malfunctioning of the system.
Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report. All measures recommended in the deposited proposal shall be fully and properly implemented.
Measures for Mitigation of Ecological Impacts
2.15 To conserve the marine ecological resources in the vicinity of the project area, no marine-based construction works shall be allowed for this Project.
2.16 To compensate for the loss of 4.8ha of tall shrubland habitat during construction of the Project, the Permit Holder shall enhance the ecological value of 6ha of existing low shrubland area by providing tall native shrubs at the location as shown in Figure 4. The Permit Holder shall, at least one month before commencement of the landscape works of the Project, deposit with the Director four hard copies and one electronic copy of the compensatory proposal. The compensatory proposal shall include:
(a) the locations, size, number and species of plantings;
(b) design details;
(c) implementation programme;
(d) maintenance and management schedules; and
(e) drawings in the scale of 1:1000 or other appropriate scale showing the locations of these compensatory plants.
Before submission to the Director, the compensatory proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report. All recommended measures shall be fully and properly implemented in accordance with the details and time schedules as set out in the deposited proposal.
2.17 The Permit Holder shall restrict the commencement of site clearance works in the Headland area (as shown in Figure 1) outside of the breeding season of Black Kites that lasts from October to May of the next year. This is to avoid nesting activities of Black Kites at locations where site clearance for the Project will be carried out.
2.18 To compensate for the loss of roosting site for freshwater birds due to the filling of Pond 37 (as shown in Figure 5) at the Lowland area, the Permit Holder shall:
(a) complete the enhancement works for Pond 35 (as shown in Figure 5) in accordance with Condition 2.18 (b) below prior to the commencement of construction works at Pond 37;
(b) enhance the roosting habitat for freshwater birds by enlarging Pond 35 and its surrounds with a total area of no less than 120 square meters, planting appropriate vegetation and providing foraging area as recommended in the Application for Variation of Environmental Permit (Application No. VEP-223/2006); and
(c) no later than one month after completion of enhancement works of Pond 35, deposit with the Director four hard copies and one electronic copy of as-built drawing(s) showing the enhancement works carried out under Condition 2.18(b). This set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.18(b) is fulfilled.
2.19 To avoid disturbing the roosting site for freshwater birds, no construction works and discharge from the construction site(s) shall be allowed within the existing freshwater ponds at the Tai Shue Wan area (as shown in Figure 6) and within the enhanced Pond 35 (as shown in Figure 5), after fulfilling Condition 2.18(b) and (c) above.
2.20 To reduce the impact to uncommon plant species as shown in Appendix 1 due to the construction of the Project, transplantation of the species shall be carried out, if identified. The Permit Holder shall transplant these uncommon plant species to other locations. The Permit Holder shall:
(a) no later than three weeks before commencement of tree transplantation, deposit with the Director four hard copies and one electronic copy of transplantation proposal showing:
i. types and locations of plants identified and therefore to be transplanted;
ii. locations of sites for transplantation;
iii. methodology and implementation programme of transplantation; and
iv. post-transplantation monitoring.
Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report. All recommended measures shall be fully and properly implemented in accordance with the details and time schedules as set out in the deposited proposal; and
(b) no later than two weeks after completion of tree transplantation, deposit with the Director four hard copies and one electronic copy of detailed compensatory planting as-built drawing(s) showing the final locations of tree plantings to demonstrate compliance with the transplantation proposal under Condition 2.20(a). This final set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2. 20(a) is fulfilled.
Measures for Managing Wastes and Submission of Waste Management Plan
2.21 The Permit Holder shall, no later than one month after commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of a Waste Management Plan (WMP) for the site formation works for the Headland area and tunneling works for the funicular system (as shown in Figure 1) which generates majority of the construction and demolition (C&D) materials for the Project. The WMP shall describe:
(a) the arrangements and routing for transferring C&D materials using a conveyor belt system from the Headland area to the barging point at the Tai Shue Wan seafront;
(b) the layouts of the conveyor belt system and barging point;
(c) the recommended pollution control/waste reduction measures on waste management in the approved EIA report, including enclosures and water sprays;
(d) arrangements and locations for storage, collection, treatment and disposal of C&D materials; and
(e) the estimated rate of C&D materials generation and disposal.
Before submission, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report. All measures recommended in the WMP shall be fully and properly implemented throughout the construction period.
Measures for Mitigating Impact on Cultural Heritage
2.22
To
preserve the grave G1 as shown in Figure
7, no works shall be allowed within one metre
from the vicinity of such grave.
Operation Stage
Measures for Mitigating Noise Impact
2.23 The
night show at the open-air venue in the
(a) the total sound power level of all loudspeaker clusters shall not exceed 109dB(A); and
(b) the sound pressure level at 9m away from each loudspeaker cluster shall not exceed 75dB(A).
2.24 The
Permit Holder shall, at least one month before the first open-air night show in
the
(a) locations and orientations of loud speakers;
(b) sound power levels of loud speakers;
(c) predicted noise levels; and
(d) analysis of predictions against the requirements stipulated in the EIA-TM and Condition 2.23.
Before submission to the Director, the study shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report and the requirements in Condition 2. 23. All measures recommended in the deposited study shall be fully and properly implemented.
Measures for Mitigating Glare Impact
2.25 The Permit Holder shall, at least one month before the commencement of the first night show at an open-air venue in the Aqua City (as shown in Figure 8) and any outdoor activity within the Lowland (as shown in Figure 1), deposit with the Director four hard copies and one electronic copy of a detailed design of night time functional and thematic lighting. The design shall take into account the possible light pollution and night-time glare and shall at least describe:
(a) the mounting height and direction of light fixtures;
(b) the lighting schedule, including power, number and types of lighting;
(c) the monitoring programme;
(d) maintenance requirements; and
(e) measures for avoiding/minimizing possible light pollution and negative glare impacts on nearby sensitive receivers.
Before submission to the Director, the design shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report. All measures recommended in the deposited design shall be fully and properly implemented.
2.26 The Permit Holder shall employ a specialist with training and practical experience in outdoor sport lighting and illumination to design, manage and oversee the implementation and maintenance of the illumination requirements and system for the Project. The specialist shall also undertake any necessary mitigation measures to control possible glare and uncomfortable eye feeling brought on by the outdoor lights and illumination system of the Project.
Measures for Mitigating Air Quality Impact
2.27 The Permit Holder shall not carry out any Pyrotechnic Special Effects Material (PSEM) displays as part of the open-air night show in Aqua City (as shown in Figure 8) until trial PSEM displays and air quality monitoring have been satisfactorily carried out according to Condition 2.29 and until Condition 2.30 has been complied with.
2.28
PSEM
that contains any chromium, lead, mercury, arsenic, manganese, nickel or zinc
shall not be used for any display in the open-air night show in the
2.29 The Permit Holder shall, no later than one week before the trial PSEM displays, deposit with the Director four hard copies and one electronic copy of an air quality sampling plan. The sampling plan shall include:
(a) drawings in the scale of 1:1000 or other appropriate scale as agreed by the Director showing the locations and sampling height of the air quality monitoring stations;
(b) monitoring methodology and measurement parameters for respirable suspended particulates (RSP), hydrogen sulphide, dioxins, copper and other relevant chemical compositions of the PSEM;
(c) monitoring periods and frequency before and during the trial displays; and
(d) a contingency plan for remedial actions, such as reduction in scale and/or frequency of the PSEM displays, adjustment to the content and/or design of the PSEM, etc., as well as proposal for additional trial PSEM displays and associated air quality monitoring. This contingency plan shall be implemented in the event that the air quality sampling results during the trial PSEM displays show exceedance in any of the air quality criteria monitored.
The monitoring results of the trial PSEM displays shall be submitted to the Director within 2 weeks after the trial PSEM displays. Before submission to the Director, the above submissions shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the VEP Application Document (VEP-326/2010).
2.30 The
PSEM displays as part of the open-air night show in
2.31 The Permit Holder shall, no later than 2 weeks before operation of PSEM displays as part of the open-air night show in Aqua City, deposit with the Director four hard copies and one electronic copy of a monitoring programme as part of an updated EM&A Manual for the measurement of RSP during the first operational year of the open-air night show. The monitoring programme shall include an Event and Action Plan with proposed Event and Action Limit Levels. The monitoring results shall be reported in the monthly EM&A report as required in Condition 3.1.
3. Environmental Monitoring and Audit (EM&A) Requirements
3.1
The EM&A programme of the Project, including the monitoring for
noise, air quality and ecology during the construction stage, the monitoring of
ecology after completion of construction activities and the monitoring for
noise and air quality at the operation stage, shall be implemented in
accordance with the procedures and requirements as set out in the updated
EM&A Manual of the Project and submitted under Condition 2.31 above.
The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.4. Changes to
the EM&A requirements or programme and
termination of the programme shall need justification
by the ET Leader and verified by the IEC to their conformance with the
requirements as set out in the updated EM&A Manual and submitted under
Condition 2.31 above; and the prior approval from the Director shall be sought
before their implementation.
3.2
Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A Manual by:
(a)
conducting baseline environmental
monitoring;
(b)
conducting impact
monitoring; carrying out remedial actions described in the Event/ Action Plans
of the EM&A Manual in accordance with the time frames set out in the Event/
Action Plans, or as agreed by the Director, in case where specified criteria in
the EM&A Manual are exceeded; and logging and keeping records of details of
all parameters within 3 working days of the collection of data or completion of
remedial action(s), for the purpose of preparing and submitting the monthly
EM&A Reports and to make available for inspection on site; and
(c)
conducting post-construction ecological
monitoring and carrying out actions described in the contingency plan of the
EM&A Manual.
3.3
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.
3.4 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.
3.5 All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
3.6 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.
3.7
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 3.3
and 3.4 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, 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.
Appendix 1
List of Uncommon Plant Species identified in the approved EIA report
(Register No. AEIAR-101/2006):
(a) Long Tentacle Orchid
(b)
Sword-leaved Orchid
(c)
Green-flowered Rattlesnake-Plantain
(d)
Cycad-fern
(e)
Balloon Flower
(f)
Chinese Lily
Environmental
Permit No. EP-249/2006/B
環境許可證編號 EP-249/2006/B
| Figure
1 | Figure
2 | Figure
3 | Figure
4 | Figure
5 | Figure
6 | Figure
7 | Figure
8 | Figure
8a |