Environmental
Permit No. EP-353/2009/B
環境許可證編號EP-353/2009/B
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 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) granted the Environmental Permit (No. EP-353/2009) to the Highways Department (hereinafter
referred to as the "Permit Holder") on 4 November 2009.
Pursuant to Section 13 of the EIAO, the Director amends the Environmental
Permit (No. EP-353/2009/A) based on the Application No. VEP-327/2010.
The amendments, described below, are incorporated into this Environmental
Permit (No. EP-353/2009/B). This Environmental Permit
as amended is for the construction and operation of the designated project
described in Part B of this Permit subject to the
conditions specified in and attached to Part C
of this Permit. 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(條例)第10條的規定，環境保護署署長（署長）於2009年11月4日將環境許可證編號EP-353/2009 批予路政署 (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-327/2010修訂環境許可證編號 EP-353/2009/A。以下修訂已包含在本環境許可證編號 EP-353/2009/B內。本經修訂的環境許可證，只適用於建造本許可證B部所說明的指定工程項目，並須遵守本許可證C部所說明及附載的條件。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-327/2010 |
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Document in the Register : 登記冊上的文件: |
1. Project Profile – “Hong Kong - Zhuhai - 工程項目簡介 ―“港珠澳大橋香港囗岸”（登記冊編號：PP-346/2008） 2. Hong Kong – Zhuhai – Macao
Bridge Hong Kong Boundary Crossing Facilities - Environmental Impact Assessment (EIA)
Report, Executive Summary, Environmental Monitoring and Audit Manual (Register No.: AEIAR-145/2009) Hereinafter referred to as “the EIA Report” 港珠澳大橋香港囗岸 - 環境影響評估(環評)報告，行政摘要，環境監察及審核手冊 (登記冊編號: AEIAR-145/2009) 下稱“環評報告” 3. Application for
Environmental Permit on 許可證持有人於 4. The Director’s letter of
approval of the EIA Report dated 署長於 5. Application for Variation of
an Environmental Permit No. VEP-315/2010 and attached documents submitted by
the Permit Holder on 許可證持有人於 6.
Environmental Permit Issued on 24 June 2010 (No. EP-353/2009/A) 於 7.
Application for Variation of an Environmental Permit on 27 October
2010 (Application No. VEP-327/2010) 許可證持有人於 |
Application
No. 申請書編號 |
Date
of Application 申請日期 |
List
of Amendments Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
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VEP-315/2010 |
11 June 2010 2010年6月11日 |
(1) Add Conditions 2.12, 3.7A and
3.17A to 3.17L to Part C of the Environmental
Permit (No. EP-353/2009) (一) 加入環境許可證(編號EP-353/2009)
C部的第2.12, 3.7A 及3.17A 至 3.17L項條件 (2) Vary Conditions
1.7, 3.1, 3.3, 3.18, 3.19, 3.21 and 3.22 in Part C of the
Environmental Permit (No. EP-353/2009) (二) 更改環境許可證(編號EP-353/2009)
C部的第1.7, 3.1, 3.3,
3.18, 3.19, 3.21 及 3.22項條件 (3) Add Figures 11 to 29 to the Environmental Permit (No.
EP-353/2009) (三) 加入環境許可證(編號
EP-353/2009) 圖11 至29 |
24 June 2010 2010年6月24 日 |
|
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VEP-327/2010 |
27 October 2010 2010年10月27日 |
(1) Delete
Conditions 2.12, 3.7A to 3.17, 3.17A and 3.20 to Part C
of the Environmental Permit (No. EP-353/2009/A) (一) 刪除環境許可證(編號EP-353/2009/A) C部的第2.12, 3.7A to 3.17, 3.17A及3.20項條件 (2) Vary Conditions 3.1, 3.17B, 3.17F,
3.17J, 3.18, 3.19 and 3.22 to Part C of the
Environmental Permit (No. EP-353/2009/A) (二) 更改環境許可證(編號EP-353/2009/A) C部的第3.1, 3.17B, 3.17F, 3.17J, 3.18,
3.19 及3.22項條件 (3) Delete Figure 2 to 7, 9 to 10 of the
Environmental Permit
(No. EP-353/2009/A) (三) 刪除環境許可證(編號EP-353/2009/A)圖 2 至7及9至10 (4)
Vary Figure 22, 23, 25
to 27 and 29 of the
Environmental Permit (No. EP-353/2009/A) (四) 更改環境許可證(編號EP-352/2009/A)圖22, 23, 25至27及29 (5)
Add Figure 21a and 27a to Environmental Permit
(EP-353/2009/A) |
16 November 2010 2010年11月16日 |
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16 November 2010
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Date 日期 |
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(Sam W.H. WONG) Principal Environmental Protection Officer
(Regional Assessment) for Director of Environmental Protection 環境保護署署長 （首席環境保護主任(區域評估) 黃偉康 代行） |
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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 |
Hong Kong-Zhuhai-Macao
Bridge (HZMB) Hong Kong Boundary Crossing Facilities (HKBCF) (This
designated project is hereafter referred to as “the Project”) 港珠澳大橋香港囗岸 (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 |
1.
Reclamation works (including associated dredging works) more than 5 ha
in size; 2.
A dredging operation exceeding 500,000m3; 3.
A road bridge more than 100m in length between abutments; 4.
A railway and its associated stations; and 5.
A railway tunnel more than 800m in length between portals. (一) 面積超過5公頃的填海工程(包括相聯挖泥工程)； (二) 挖泥量超過500,000立方米的挖泥作業； (三) 橋台之間的長度超過100米的行車橋樑或鐵路橋樑； (四) 鐵路及其相聯車站；及 (五) 入口之間的長度超過800米的行車隧道或鐵路隧道。 |
|
Location of Designated Project 指定工程項目的地點 |
Northeast
of Chek Lap Kok The
location of the Project is shown in Figure
1 of this Permit. 赤鱲角之東北面 工程項目的地點展示於本許可證圖1內 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The
project mainly comprises the followings: (i) Dredging
and reclamation at the northeast waters off the Airport Island to provide a
land platform for the development of the HKBCF and the southern landfall of
the Tuen Mun Chek Lap Kok Link; (ii) cargo
processing facilities including kiosks for clearance of goods vehicles,
customs inspection platform, X-ray buildings and related supporting
facilities; (iii) passenger
related facilities including processing kiosks and examination facilities for
private cars and coaches, passengers clearance building and halls and related
supporting facilities; (iv) accommodation
for and facilities of the Government departments providing services in
connection with the HKBCF; (v) provision
of transport and miscellaneous facilities inside the HKBCF including public
transport interchange, transport drop-off and pick-up areas, vehicle holding
areas, passenger queuing areas, road networks, footbridges, fencing, sewage
and drainage systems, water supply system, utilities, electronic system,
traffic control and surveillance system and related supporting facilities; (vi) provision
of road access for connection of the HKBCF to the Hong Kong Link Road, the
Tuen Mun-Chek Lap Kok Link and the Airport; (vii) reprovisioning of the affected Airport’s facilities such as
the existing Fire Services Department’s East Sea Rescue Berth; and (viii) provision of other facilities for connection with the
Airport such as an Automated People Mover system (i.e. a railway system) to
connect the Airport Terminal with the HKBCF. 工程項目主要範圍包括以下各項：－ 1.
在機場島東北水域進行挖泥及填海工程，以開拓土地闢建香港口岸及屯門至赤鱲角連接路的南面填海區； 2.
貨物處理設施，包括貨車清關檢查亭、海關驗貨台、X 光檢查大樓及相關配套設施； 3.
與旅客有關的設施，包括私家車和旅遊巴士過關亭和檢查設施、旅檢大樓和旅客出入境大堂及相關配套設施； 4.
提供與香港口岸有關服務的政府部門的辦公地方和設施； 5.
在香港口岸設置運輸和其他設施， 包括公共運輸交匯處、車輛上落客區、車輛停候區、旅客輪候區、道路網絡、行人天橋、圍網、污水排放及排水系統、供水系統、公用設施、電子系統、交通管制及資訊系統及相關配套設施； 6.
鋪築道路以連接香港口岸和港珠澳大橋香港接線、屯門至赤鱲角連接路及機場； 7.
重置受工程計劃影響的機場設施，例如現有的消防處海上救援東泊位；及 8.
設置其他設施以連接機場，例如延展現有的旅客捷運系統（即鐵路系統）以便連接機場客運大樓和香港口岸。 |
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
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 defence 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 authorised 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 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) 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 Project
site(s).
1.6 The Permit Holder shall construct and operate the Project
in accordance with the project descriptions in Part B
of this Permit.
1.7 The Permit Holder shall ensure that the Project is
designed, constructed and operated in accordance with the information and
recommendations described in the EIA Report, the application documents
including all attachments (Application No. AEP-353/2009,
Application No. VEP-315/2010 and Application No.
VEP-327/2010), 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
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 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 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 of
construction of the Project no later than one month 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 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 1.3 or
later), unless otherwise agreed by the Director and shall be submitted at the
same time as the hard copies.
1.13 For the
purpose of this Permit, “commencement of construction” does not include works
related to site clearance and preparations, or other works as agreed by the
Director.
Specific Conditions
2.
Measures and Submissions before Commencement of Construction
Employment of Environmental Monitoring and
Audit (EM&A) Personnel
2.1 An
Environmental Team (ET) shall be established by the Permit Holder no later than
6 weeks before the commencement of construction of the Project. The ET shall
not be in any way an associated body of the Contractor or the Independent
Environmental Checker (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 EM&A requirements as contained in the EM&A Manual
of the Project. The ET Leader shall keep a contemporaneous log-book of each and
every instance or circumstance or change of circumstances, which may affect the
compliance with the recommendations of the EIA Report and this Permit. The ET
Leader shall notify the 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 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 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 6 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 and shall audit
the overall EM&A performance, 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 EIA Report and 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.
Management
organization of main construction companies
2.3
The Permit Holder shall, at
least 2 weeks before the commencement of construction of each relevant contract
under 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 corresponding part of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Submissions
of specification and plan on marine ecological mitigation measures
2.4
The Permit Holder shall
advance the preparation works for the designation of
the marine park in the Brothers Islands, including a study on the details of
the designation and consultation with stakeholders, on the understanding that
designation of the marine park would immediately follow the completion of the
Project.
2.5
The Permit Holder shall
deposit with the Director, at least 2 weeks before the commencement of the
construction of the Project, three hard copies and one electronic copy of a proposal, including the proposed size and management plan,
of the proposed marine park in the Brothers Islands in consultation with the
Director of Agriculture, Fisheries and Conservation.
2.6
The Permit Holder
shall deposit with the Director prior to the commencement of marine works of
the Project, three hard copies and one electronic copy of a Dolphin Watching
Plan. The plan shall include regular inspection of the silt curtains, visual
inspection of the waters surrounded by the curtains, and an action plan shall
be devised to cope with any unpredicted incidents such as the case that Chinese
White Dolphin is found within the water surrounded by the silt curtains.
2.7
The Permit Holder shall
deposit with the Director at least 1 month before the commencement of
construction of the Project, three hard copies and one electronic copy of a Spill
Response Plan detailing the actions to be taken in the event of accidental
spillage of oil or other hazardous chemicals from construction activities
including vessels operating for the Project, with specific provisions for
protecting marine ecology and the Chinese White Dolphins.
2.8
To minimize the chance of
vessel collision and the disturbance to the Chinese White Dolphins, the Permit
Holder shall deposit with the Director, at least 2 weeks before the
commencement of the construction of the Project, three hard copies and one
electronic copy of a plan showing the regular marine travel routes of vessels
moving to and from the Project work sites. Any subsequent changes to the
regular routes shall be verified by the IEC as conforming to the requirements
in the EIA Report and deposited with the Director.
Landscape
and Visual Plan
2.9
The Permit Holder shall
deposit with the Director, at least 1 month before the commencement of construction of relevant part of the Project, three
hard copies and one electronic copy of a landscape and visual plan
incorporating aesthetic architectural design on buildings structures and
related infrastructure of the Project, streetscape elements, planting proposals
and other measures including night-time lighting control.
Waste management plan
2.10 The Permit Holder shall deposit with the
Director, at least 1 month before the commencement of the construction of the
project, three hard copies and one electronic copy of a waste management plan
(WMP) for the construction stage of the Project. The WMP shall describe
the arrangements for avoidance, reuse, recovery and recycling, storage,
collection, treatment and disposal of different categories of waste to be
generated from the construction activities and shall include the recommended
mitigation measures on waste management in the EIA Report. The WMP shall
indicate the disposal location(s) of all surplus excavated spoil and other
waste. A trip ticket system shall be included in the WMP. Surplus
excavated spoil and other wastes shall only be disposed of at designated
disposal locations unless otherwise approved by the Director. All
measures recommended in the WMP shall be fully and properly implemented by the
Permit Holder and any person working on the Project throughout the construction
period.
Environmental
Project Office
2.11 To oversee the cumulative environmental
impacts arising from the Project and other concurrent projects in the adjoining
area and to liaise closely with the mainland project teams for the HZMB Main
Bridge, the Permit Holder shall set up an independent Environmental Project
Office (ENPO) before the commencement of construction of the Project. No
later than two months before the commencement of construction of the Project,
the Permit Holder shall submit for the Director’s approval a proposal on the
setting up of the ENPO which should include the main objectives of the ENPO,
its organizational structure and lines of communication and the personnel
involved. The Permit Holder shall set up the ENPO in accordance with the
approved proposal.
2.12 Not used.
3.
Submissions or Measures during Construction of the Project
Measures
to mitigate disturbance to Chinese White Dolphins
3.1
A dolphin exclusion zone of
250m shall be implemented around the Project during the installation of the perimeter silt curtains around the HKBCF site and
any re-deployment of the perimeter silt curtains. Prior to the start of the
works, dolphin observer(s) shall scan the exclusion zone for at least 30
minutes. If dolphins are observed in the exclusion zone, the
installation/re-deployment works shall be delayed until they have left the
area. If dolphins are observed within the exclusion zone during
installation/re-deployment works, the relevant part of the works shall cease
until the dolphins have left the area. The dolphin observer(s) shall have
relevant training on dolphin monitoring and shall be independent of the
construction contractor. The dolphin observer(s) shall form part of the
Environmental Team. Passive Acoustic Monitoring, using hydrophones or cetacean
detectors, shall be used for the detection of dolphin outside the daylight
hours.
3.2
Once the perimeter silt
curtains as mentioned in Condition 3.1 above are installed or re-deployed, the
Dolphin Watching Plan as deposited under Condition 2.6 of this Permit shall be
implemented as part of the EM&A programme.
3.3
To minimize the acoustic
disturbance to Chinese White Dolphins, silence piling equipment such as
vibratory piler shall be used for installation of
sheet pile structure into the seabed.
3.4
No underwater percussive
piling shall be used for the Project.
3.5
All vessels within the work
areas shall not travel at a speed higher than 10 knots.
3.6
Air compressors and other
noisy equipment mounted on construction vessels shall be acoustically-
decoupled.
3.7A Not used.
3.7
Not used.
3.8
Not used.
3.9
Not used.
3.10
Not used.
3.11
Not used.
3.12
Not used.
3.13
Not used.
3.14
Not used.
3.15
Not used.
3.16
Not used.
3.17
Not used.
Measures
to mitigate water quality impacts
3.17A Not used.
3.17B The Permit Holder shall construct the Project in accordance with
Figures 11 to 28 of this Permit. No dredging works shall be carried out for
the Project except for the construction of box culverts at Portion D, the Fire
Services Department (FSD) Rescue Berth and APM Tunnel. FSD Rescue Berth and APM
shall not commence construction before the completion of reclamation of the
HKBCF and TMCLKL southern landfall, unless with prior approval by the Director.
The Permit Holder shall notify the Director in writing any proposed changes in
the construction sequences and/or arrangements before implementation of such
changes. The proposed changes shall be certified by the ET Leader and verified
by the IEC as conforming to the information and requirements contained in the
EIA Report.
3.17C
Reclamation filling for the Project shall not proceed until at least 200m of
leading seawall at the reclamation are formed above +2.2mPD, unless otherwise
agreed with the Director.
3.17D A layer of geotextile shall
be placed on top of the seabed before any filling activities take place inside
the cellular structures to form the seawall. To prevent spillage of the
filling materials onto the surrounding water, the conveyor belts shall be
fitted with windboards and conveyor release points
shall be covered with curtain.
3.17E
Except for the filling of the cellular structures, not more than 15% public
fill shall be used for reclamation filling below +2.5mPD during construction of
the seawall. After the seawall is completed except for the 300m marine access
as indicated in Figure 15 of this Permit, not more than 30% public fill shall
be used for reclamation filling below +2.5mPD, unless otherwise agreed by the
Director.
3.17F
No more than 1 grab dredger with a maximum daily dredging rate of 7,200m3
shall be employed for the dredging operation at the FSD Rescue Berth.
3.17G No more than 2 grab dredgers with a maximum daily
dredging rate of 12,000m3 shall be employed for the dredging
operation at Portion D of the Project.
3.17H Only grab dredgers shall be used for dredging works
in this Project. Each grab dredger shall be enclosed by a cage type silt curtain
with steel enclosure as illustrated in Figure 8 of this Permit to reduce
sediment loss to the surrounding environment during dredging operation.
3.17I
No more than 5 filling barge trips per day shall be made with a maximum daily
rate of 5000m3 for the filling operation at the FSD Rescue Berth.
3.17J
Upon completion of 200m leading seawall, no more than a total of 60 filling
barge trips per day shall be made with a cumulative maximum daily filling rate
of 60,000m3 for HKBCF and TM-CLKL southern landfall reclamation
during the filling operation. Upon completion of the whole section of seawall
except for the 300m marine access as indicated in Figure 15 of this Permit, no
more than a total of 190 filling barge trips per day shall be made with a cumulative
maximum daily filling rate of 190,000m3 for the remaining filling
operations for HKBCF and TM-CLCKL southern landfall reclamation. To ensure that
the cumulative maximum filling rate assumed in the EIA report shall not be
exceeded, the Permit Holder shall submit, at least one week prior to the end of
each calendar month, the anticipated daily filling rate for the coming month to
the Environmental Project Office (ENPO) for approval. The actual maximum daily
filling rate shall not exceed the approved filling rate by ENPO.
3.17K During the stone column installation, silt curtain
shall be installed near the active stone column installation points as
indicated in Figure 29 of this Permit. A layer of geotextile
with stone blanket on top shall be placed on the seabed prior to stone column
installation works.
3.17L
To prevent grout leakage at the interfacing section
between the stone column and the Tuen Mun Chek Lap Kok
Link tunnel portion as indicated in Figure 23 of this Permit, grouting shall be
applied in grout pipe by gravity method.
Measures
to mitigate water quality impacts from re-deposition of Contaminated Sediment
3.18
The dredged sediment requiring Type 2 Confined Marine Disposal under Environment,
Transport and Works Bureau Technical Circular (Works) No.34/2002 from the
Project shall be disposed of inside the sheet pile cellular structures within
the Project boundary.
3.19
Before re-deposition the contaminated sediment, a layer of geotextile
shall be placed at the bottom of the sheet pile cellular structures to avoid
the direct contact of the contaminated sediment and the bottom sediment.
3.20 Not used.
3.21 A minimum of 2m thick sand fill or public
fill shall be placed on the top of the contaminated sediment to protect and
cover the sediment after re-deposition.
3.22 The contaminated sediment shall not be
disturbed after re-deposition. No piling works or deep foundation which may
disturb the contaminated sediment is allowed within the cellular structures as
described in Condition 3.18 of this Permit.
Measures
to mitigate air quality impacts during construction phase
3.23
The Permit Holder shall undertake watering at least 8 times per day on all
exposed soil within the Project site and associated work areas throughout the
construction phase.
4.
Measures or Submissions for Operation of the Project
Emergency Response Plan
for Spillage of Oil and Chemicals
4.1
The Permit Holder shall, no
later than 2 months before the commencement of operation of the Project,
deposit with the Director three sets of a detailed Emergency Response Plan
(ERP) on how to prevent oil and chemical spillages caused by traffic incidents
on the carriageway from entering into the waterbody.
The ERP shall be verified by the IEC as conforming to the recommendations
contained in the EIA Report.
Artificial Reef(s)
4.2
The Permit Holder shall, in
consultation with the Director of Agriculture, Fisheries and Conservation,
deploy artificial reef(s) with a total volume of not less than 10,800m3.
5. Environmental Monitoring and
Audit (EM&A) Requirements
5.1 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. Any proposed change to the EM&A
requirements or programme shall be justified by the
ET leader and verified by the IEC as conforming to the information and
requirements contained in the EM&A Manual and shall seek the prior approval
from the Director before implementation.
5.2
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;
(c)
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
(d)
logging and keeping records of
details of (a) to (c) above for 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.
5.3
Three hard copies and one electronic copy of the Baseline Monitoring Report
shall be submitted to the Director at least 2 weeks before commencement of
construction of the Project. The submission shall be verified by the IEC.
Additional copies of the submission shall be made available to the Director
upon his request.
5.4
Three hard copies and one
electronic copy of monthly EM&A Report shall be submitted to the Director
within 10 working days after the end of the reporting month. The EM&A Reports
shall include a summary of all non-compliance (exceedances)
of the environmental quality performance limits (Action and Limit Levels). The
submissions shall be verified by the IEC. Additional copies of the submission
shall be provided to the Director upon request by the Director.
5.5
All environmental monitoring
and audit data submitted under this Permit shall be true, valid and correct.
5.6
To ensure a high degree of
transparency regarding the monitoring data and results in view of the public
concern about the Project, all environmental monitoring and audit data and
results and all submissions and performance test data and results 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 6.2
below, in the shortest practicable time and in no event later than 2 weeks
after such information is available.
6. Electronic
Reporting of EM&A Information
6.1 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 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hardcopies as described in Condition 5 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,
JPEG or PDF format unless otherwise agreed by the Director. The content of the
electronic copies of these Reports must be the same as the hardcopies.
6.2 The
Permit Holder shall, within six weeks to the commencement of construction of
the Project, set up a dedicated web site and notify the Director in writing the
Internet address, where the project information, all environmental monitoring
and audit data and reports described in Condition 6.1 above and all finalized
submissions and plans required under this Permit are to be placed. All
environmental monitoring and audit data and reports described in Condition 6.1
above shall be made available to the public via this dedicated web site to be
set up by the Permit Holder in the shortest possible time and in no event later
than 2 weeks after the relevant environmental monitoring data and reports
is/are collected or become available, unless otherwise agreed with the
Director. All finalized submissions and plans shall be made available to the
public via this dedicated web site to be set up by the Permit Holder in the
shortest possible time and in no event later than 2 weeks after they are
deposited with or approved by the Director as required under this Permit,
unless otherwise agreed with the Director.
6.3
The Internet website as described
in Condition 6.2 above shall enable user-friendly public access to the
monitoring and project information including the project profile of the
Project, the EIA report, the environmental permit(s), all environmental
monitoring and audit data and report and all finalized submissions and plans
required under this Permit. Unless otherwise agreed with the Director,
the internet website shall have features capable of :
(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 (e.g. noise, water and air quality); and
(d) providing
hyperlinks to relevant monitoring data after searching.
Notes :
註：
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.
本許可證共有3部，即A部（許可證主要部分）；B部（指定工程項目的說明）及C 部（許可證條件）。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員可在環境局局長的同意下勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
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.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在建築工地內展示的原有許可證。
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.
承擔指定工程項目整項或部分指定工程的責任的人，在承擔指定工程項目的責任前，可根據環評條例第12條的規定向署長申請新的環境許可證。
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.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從建築工地除下，不再展示。
6. If
this Permit is cancelled or surrendered during construction or operation 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 or operate a designated project listed in Schedule 2
of the Ordinance without a valid environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續建造或營辦工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2所列明的指定工程項目，即屬犯罪。
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable:
如任何人在違反本許可證的條件下建造或營辦工程項目，根據環評條例，即屬犯罪 －
(i)
on a first conviction on indictment to a fine of $2
million and to imprisonment for 6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii) on a second or subsequent conviction on indictment to a fine
of $5 million and to imprisonment for 2 years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii)
on a first summary conviction to a fine at level 6 and
to imprisonment for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv) on a second or subsequent summary conviction to a fine of $1
million and to imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
Environmental Permit No.
EP-353/2009/B
環境許可證編號EP-353/2009/B
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