Environmental Permit No. EP–354/2009/A
環境許可證編號EP–354/2009/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 and 13
環境影響評估條例
(第499章)
第10條及13條
ENVIRONMENTAL PERMIT TO CONSTRUCT 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-354/2009) 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-354/2009) based on the Application No. VEP-331/2010. The amendments, described below, are incorporated into this Environmental Permit (No. EP-354/2009/A). This Environmental Permit as amended is to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長) 於2009年11月4日將環境許可證編號EP-354/2009 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-331/2010修訂環境許可證。以下修訂已包含在本環境許可證編號 EP-354/2009/A內。本經修訂的環境許可證，只適用於建造及營辦Ｂ部所說明的指定工程項目，但須遵守Ｃ部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
VEP-331/2010 |
Document in the Register: 登記冊上的文件：
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(1) Project Profile – “Tuen Mun – Chek Lap Kok Link” (Register No.: PP-336/2007) 工程項目簡介 ― “屯門至赤鱲角連接路” (登記冊編號：PP-336/2007)
(2) Tuen Mun – Chek Lap Kok Link – Environmental Impact Assessment (EIA) Report, Executive Summary, Environmental Monitoring and Audit Manual (Register No.: AEIAR- 146/2009) Hereinafter referred to as “the EIA Report” 屯門至赤鱲角連接路 – 環境影響評估報告，行政摘要，環境監察及審核手冊 (登記冊編號: AEIAR-146/2009) 下稱“環評報告”
(3) Application for Environmental Permit on 15 June 2009 (Application No.: AEP-354/2009) 許可證持有人於2009年6月15日提交的環境許可證申請文件(申請書編號: AEP-354/2009)
(4) The Director’s letter of approval of the EIA Report dated 23 October 2009 referenced (12) in Ax(1) to EP2/N9/A/125 II 署長於2009年10月23日簽發的批准環評報告的信件檔案編號 (12) in Ax(1) to EP2/N9/A/125 II
(5) Environmental Permit Issued on 4 November 2009 (No. EP-354/2009) 於2009年11月4日簽發的環境許可證(編號EP-354/2009)
(6) Application for Variation of an Environmental Permit and attached documents submitted by the Permit Holder on 15 November 2010 (Application No. VEP-331/2010) 許可證持有人於2010年11月15日提交更改環境許可證申請和附件(申請書編號 VEP-331/2010) |
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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-331/2010 |
15 November 2010 2010年11月15日
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(1) Add Conditions 2.10(a) and 3.8(e) to Part C of the Environmental Permit (No. EP-354/2009) (一) 加入環境許可證(編號EP-354/2009) C部的第2.10(a) 及3.8(e)項條件
(2) Vary Conditions 1.7, 2.10, 3.5, 3.6 and 3.8(a) to 3.8(d) in Part C of the Environmental Permit (No. EP-354/2009) (二) 更改環境許可證(編號EP-354/2009) C部的第1.7, 2.10, 3.5, 3.6及3.8(a)至3.8(d)項條件
(3) Add Figures 7 to 12 to the Environmental Permit (No. EP-354/2009) (三) 加入環境許可證(編號EP-354/2009)圖7至12
(4) Vary Figure 4 of the Environmental Permit (No. EP-354/2009) (四) 更改環境許可證(編號EP-354/2009)圖4 |
8 December 2010 2010年12月 8 日 |
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8 December 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) |
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：
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Title of Designated Project 指定工程項目的名稱
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Tuen Mun – Chek Lap Kok Link (This designated project is hereafter referred to as “the Project”) 屯門至赤鱲角連接路 (本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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Construction and operation of a trunk road. 建造及營辦一條幹道
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Location of Designated Project 指定工程項目的地點
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Between Tuen Mun and Lantau, via the proposed Hong Kong –Zhuhai Macao Bridge (HZMB) Hong Kong Boundary Crossing Facilities (HKBCF). 屯門至大嶼山，通過擬建的港珠澳大橋香港口岸。
The location and configuration of the Project is shown in Figure 1 of this Permit. 工程項目的地點及結構形態展示於本許可證圖1內。
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project as shown in Figure 1 is to construct a dual 2-lane highway connecting the proposed Tuen Mun Western Bypass at the southern coast of Tuen Mun Area 40 and the Airport and Tung Chung. The Project includes : – (i) construction of an approximately 5 km long dual 2-lane road tunnel between Tuen Mun Area 40 and the HKBCF at the northeast of the Airport; (ii) construction of approximately 4.2 km seawalls and approximately 35.6 ha of reclamation to the Government foreshore and seabed at Tuen Mun Area 40 and Lantau for the tunnel portals and the associated roads; (iii) construction of an approximately 1.6 km long dual 2-lane viaduct between HKBCF and North Lantau Highway and the associated roads at Tai Ho; (iv) construction of a toll plaza at Tuen Mun Area 46 and the associated roads at Tuen Mun; (v) construction of administration building, ventilation buildings and other ancillary buildings to facilitate ventilation and tunnel control operation serving the proposed road tunnel and toll plaza above; and (vi) ancillary works including site formation, slope, drainage, utilities, footbridge, noise barriers, retaining walls, berths and temporary pontoon.
如圖1顯示，工程項目是要興建一條雙程雙線公路，連接在屯門40區南岸擬建的屯門西繞道和機場及東涌。該工程項目包括： - （一） 建造一條長約5公里長的雙程雙線行車隧道，連接屯門40區和在香港機場東北面的港珠澳大橋香港口岸； （二） 於屯門40區及大嶼山的政府前濱及海床建造約4.2公里海堤和進行面積約35.6公頃的填海工程，以建造隧道口及相關的連接路； （三） 於大濠建造一條1.6公里長的雙程雙線的高架橋，連接港珠澳大橋香港口岸和北大嶼山公路及相關的道路； （四） 於屯門46區建造收費廣場及在屯門相關的道路； （五） 建造行政大樓，通風大樓和其他附屬建築物，促使上述行車隧道及收費廣場的通風和隧道控制操作的服務； （六） 其他附屬工程，包括土地平整，斜坡，排水，公用設施，行人天橋，隔音屏障，護土牆，船隻停泊處和臨時浮橋。
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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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap. 466). 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 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 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 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, the application documents including all attachments (Application No. AEP-354/2009, Application No. VEP-331/2010), other relevant documents in the Register, and the information and mitigation measures described in this Permit, and mitigation measures to be recommended in the submissions that shall be deposited with or approved by the Director as a result of the 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. All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.
1.10 The Permit Holder shall release all finalized submissions as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project 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 hardcopies.
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.
2. Submissions or measures for Commencement of the Project
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 monitoring plan on construction dust
2.4 The Permit Holder shall submit to the Director for approval, at least 1 month before the commencement of construction of the Project, three hard copies and one electronic copy of an enhanced monitoring plan on Total Suspended Particulates (TSP) level at Tuen Mun. The submitted information shall include the locations and frequency of monitoring and details of the measures to mitigate any upsurge of TSP level including increase the frequency of monitoring of TSP and stoppage of works.
Submissions of specification and plan on marine ecological mitigation measures
2.5 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 the design and implementation of acoustic decoupling measures applied during bored piling, dredging and reclamation works.
2.6 The Permit Holder shall submit to the Director for approval, at least 1 month before the commencement of construction of the Project, three hard copies and one electronic copy of a detailed coral translocation methodology, including pre-translocation survey, identification of receiving sites and post-translocation monitoring.
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.
Submissions of Landscape and Visual Plan
2.9 The Permit Holder shall deposit with the Director, at least 1 month before the commencement of the construction of relevant part of the Project, three hard copies and one electronic copy of a Landscape and Visual Plan incorporating aesthetic design of the viaduct, building structures and streetscape elements, detailed tree preservation, transplanting and felling proposal, compensatory planting proposals to provide at least 33 ha of landscape planting, 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, and in the subsequent updates of WMP including the supplementary WMP approved under Condition 2.10(a) of this Permit, shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the construction period.
2.10(a) The Permit Holder shall submit, at least 1 month prior to the commencement of cut-and-cover tunnel construction in the southern landfall, a supplementary WMP for the Director’s approval. The supplementary WMP shall provide descriptions on the volume and nature of the dredged sediments arising from the cut-and-cover tunnel construction in the southern landfall, in particular for materials requiring Type 2 Confined Marine Disposal under Environment, Transport and Works Bureau Technical Circular (Works) No. 34/2002, including their management, treatment and disposal arrangements.
Measures to preserve built heritage
2.11 The design of the toll plaza shall avoid any damage on or conflict with the existing grave as shown in Figure 2 with a minimum 1.0m permanent set back and a minimum of 0.7m clearance from the grave shall be maintained at all time during the construction phase.
Environmental Project Office
2.12 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.
3. Submissions or Measures during Construction and Operation of the Project
Measures to mitigate disturbance to Chinese White Dolphins
3.1 A dolphin exclusion zone of 250m shall be implemented around the work areas. Prior to the start of dredging, reclamation or sheet piling works, dolphin observer(s) shall scan the exclusion zone for at least 30 minutes. If dolphins are observed in the exclusion zone, the relevant part of works shall be delayed until they have left the area. If dolphins are observed within the exclusion zone during dredging, reclamation or sheet piling 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 when marine works are carried out outside the daylight hours.
3.2 No formation of underwater sockets into rock shall be carried out for the marine bored piles construction in May and June which is the peak calving season of Chinese White Dolphins.
3.3 No underwater percussive piling shall be used for the Project.
3.4 All vessels within the work areas shall not travel at a speed higher than 10 knots.
Measures to mitigate water quality impacts
3.5 The Permit Holder shall construct the northern landfall and southern landfall in accordance with Figures 3 and 4 of this Permit respectively. Details of the cross sections showing the sloping and vertical seawalls at the southern landfall are indicated in Figures 9 and 10 respectively. 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.
3.6 Reclamation filling for the northern landfall shall not proceed until at least 200m of leading seawall at the reclamation are formed above +2.5mPD unless otherwise agreed with the Director, except for the 100m gaps for marine access. Reclamation filling for the southern landfall shall not proceed until at least 200m of leading seawall at the reclamation are formed above +2.2mPD, unless otherwise agreed with the Director, except for the 300m gaps for marine access. All underwater filling works shall be carried out behind seawalls to avoid dispersion of suspended solids outside the Project limit.
3.7 For the construction of northern landfall of the Project,
(a) No more than 50% of public fill shall be used for filling of seawall below +2.5mPD, unless otherwise agreed by the Director;
(b) No more than one grab dredger with a maximum daily dredging rate of 7,200m3 shall be employed for the dredging operation; and
(c) No more than 16 filling barge trips shall be made each day with a maximum daily filling rate of 16,000m3 for the filling operation.
3.8 For the construction of southern landfall of the Project,
(a) 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;
(b) Except for the filling of the cellular seawall, not more than 15% pubic 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 12 of this Permit, not more than 30% public fill shall be used for reclamation filling below +2.5mPD, unless otherwise agreed by the Director;
(c) During stone column installation, silt curtain shall be installed near the active stone column installation points. A layer of geotextile with aggregate blanket at the top shall be placed on the existing seabed prior to stone column installation works as indicated in Figure 11. To prevent grout leakage at the interfacing section between the stone column and the tunnel portion as indicated in Figures 7 and 8 of this Permit, grouting shall be applied in grout pipe by gravity method. The grouting sequence will be from outside towards the centre of reclamation;
(d) 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 12 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; and
(e) The cellular structure shall be used for seawall construction. The typical sections are presented in Figure 9 and 10.
3.9 Only grab dredgers shall be used for dredging works in this Project. Each grab dredger shall be enclosed by a cage type silt curtain as illustrated in Figure 5 of this Permit to reduce sediment loss to the surrounding environment during dredging operation.
3.10 Tunnel boring machine shall be used for the construction of the submarine tunnel.
3.11 Bored piling shall be undertaken within a metal casing for the construction of marine viaducts. The minimum distance between two pile cap construction sites shall be 50m and maximum pier sites simultaneously under construction shall be limited to 15 piers. The pier locations shall be enclosed by cofferdams.
Measures to mitigate terrestrial ecological and landscape impacts
3.12 No trees shall be felled or removed at the work areas within the Pillar Point landfill area.
3.13 Hoarding shall be erected along the works boundary of the Project site of the toll plaza before commencement of works to prevent vehicle movements and encroachment of personnel on to adjacent areas where Pitcher Plants are located. No openings in the hoarding shall be provided on the northern side of the work areas to avoid access to the uphill area where Pitcher Plants are located. The hoarding shall be regularly checked to ensure that they are not breached or damaged.
3.14 No works shall be carried out in stream NL1 as shown in Figure 6 from April to September.
Measures to mitigate air quality impacts during construction phase
3.15 The Permit Holder shall undertake watering at least 12 times per day on all exposed soil within the Project site and associated work areas in Tuen Mun area throughout the construction phase.
3.16 The Permit Holder shall undertake watering at least 8 times per day on all exposed soil within the Project site and associated work areas in North Lantau area throughout the construction phase.
Emergency Response Plan for Spillage of Oil and Chemicals
3.17 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.
4. Environmental Monitoring and Audit (EM&A) Requirements
4.1 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.
4.2 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.
4.3 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.
4.4 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 monthly 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.
4.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4.6 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 5.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.
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 hardcopies as described in Condition 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, 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.
5.2 The Permit Holder shall, within 6 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 5.1 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 5.1 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.
5.3 The Internet website as described in Condition 5.2 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 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.
許可證持有人可根據條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須以經修訂的許可證替換在建造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 designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.
承擔指定工程項目整項或部分工程的責任的人，在承擔責任之前，可根據條例第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工程工地除下，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 construction or operation of 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 Part I of Schedule 2 of the Ordinance without a valid environmental permit.
如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，必須先根據條例規定取得另一份環境許可證。根據條例第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條例附表2第I部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;
一經循公訴程式首次定罪，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;
一經循公訴程式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;
一經循簡易程式首次定罪，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
一經循簡易程式第二次或其後每次定罪，可處罰款100萬元及監禁1年；以及
(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條例及徵詢獨立法律意見。
Environmental Permit No. EP – 354/2009/A
環境許可證編號 EP – 354/2009/A
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