Environmental Permit No. EP -
407/2010/A
環境許可證編號EP- 407/2010/A
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13
環境影響評估條例
(第499章)
第10及第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, the Director of
Environmental Protection (the Director) granted the Environmental Permit (No.
EP-407/2010) to the MTR Corporation Limited (hereinafter referred
to as the "Permit Holder") on 8 December 2010. Pursuant to Section 13 of the EIAO, the
Director amends the Environmental Permit (No. EP-407/2010) based on the
Application No. VEP-344/2011. The
amendments, described below, are incorporated into this Environmental Permit
(No. EP-407/2010/A). 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 or 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第10條的規定，環境保護署署長（署長）於
|
Application No. 申請書編號 |
VEP-344/2011 |
|
Document in the Register |
(1)
South Island Line (East) Environmental Impact Assessment (EIA) Report,
Environmental Monitoring and Audit (EM&A) Manual and Executive Summary
(Register No.: AEIAR - 155/2010) [Hereinafter referred to as "the EIA
Report"] 南港島綫
(東段) 環境影響評估報告(登記冊編號:AEIAR - 155/2010) [下稱環評報告] (2) The
Director’s letter of approval of the EIA report dated 26 Oct 2010 [ Ref.:
(91) in EP2/G/A/ (2) 署長於 (3) Application for an Environmental Permit
No. AEP-407/2010. [Hereafter referred to as “the Application No. AEP-407/ (3) 申請環境許可證編號 AEP- 407/2010。[下稱 “申請書編號 AEP- 407/ (4)
Environmental Permit issued on 8 December 2010 (Permit No. EP-407/2010) (4) 於 (5) Application for Variation of an Environmental Permit No.
VEP-344/2011 and attached document submitted by the Permit Holder on 28
November 2011 (5) 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 |
|
VEP-344/2011 |
28 November 2011 |
(1) Vary Condition 2.16 and Figure
2a and Figure 9 in Part C of the Environmental
Permit (No. EP-407/2010) |
14
December 2011 |
14 December
2011
Date
(Colin
P. Y. KEUNG)
日期
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姜培閏代 行)
PART
B ( DESCRIPTIONS OF DESIGNATED
PROJECT(S) )
Hereunder
is the description of the designated project(s) mentioned in Part A of this
environmental permit :-
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title
of Designated Project(s) 指定工程項目的名稱 |
[This designated project is hereinafter referred to as "the
Project"] 南港島綫 (東段) [這指定工程項目下稱“工程項目”] |
|
Nature
of Designated Project(s) 指定工程項目的性質 |
Construction and operation of a
railway, its associated stations, a railway depot and an explosive magazine 興建和運作一條鐵路，有關的車站，鐵路維修車廠及爆炸品倉庫。 |
|
Location
of Designated Project(s) 指定工程項目的地點
|
Railway alignment from South Horizons via Lei Tung,
Wong Chuk Hang, Ocean Park to Admiralty and a temporary explosive magazine at
Chung Hom Shan. The location of
this Project and its works areas are shown in Figures 1, 2a & 2b attached to this Permit. 鐵路路線由海怡半島，途經利東，黃竹坑和海洋公園至金鐘，以及於舂坎山興建臨時爆炸品倉庫。工程項目及其工地的位置見載於本許可證夾附的 圖
1, 2a
及2b。 |
|
Scale
and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction
and operation of:- • an approximately • South Horizons, Lei Tung, Wong Chuk Hang and • a railway depot at ex-Wong Chuk Hang Estate site; and • a temporary explosive magazine at Chung Hom Shan. 興建和運作: • 全長約 • 於海怡半島，利東，黃竹坑和海洋公園設置車站，並在金鐘站擴建，及與鐵路相關連的通風口和機樓; • 位於前黃竹坑邨的鐵路維修車廠; 及 • 於舂坎山的臨時爆炸品倉庫。 |
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 but 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 Dangerous Goods
Ordinance (Cap.295). This Permit
does not of itself constitute any ground of defense against any proceedings
instituted under any legislation.
1.3
The Permit Holder shall make copies of this Permit
together with all documents referred to in this Permit or the documents
referred to in Part A of the Permit readily available at
all times for inspection by the Director or his 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 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 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 all
recommendations described in the approved EIA Report (Register No.: AEIAR-155/2010), 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 finalised 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 finalised submissions
required under this Permit shall be prepared in Hyper Text Markup Language
(HTML) (version 4.0 or later) and in Portable Document Format (PDF) (version
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.
1.14 The Permit Holder shall notify the Director
in writing the commencement date of operation of the Project no later than two
months prior to the commencement of operation of the Project. The Permit Holder
shall notify the Director in writing immediately if there is any change of the
commencement date of the operation.
2
Special Conditions
Submissions
or Measures before Commencement of Construction 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 one month
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 approved 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 approved 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 Independent
Environmental Checker (IEC) shall be employed by the Permit Holder no later
than one month 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 approved 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.
Employment
of Qualified Ecologist
2.3
The Permit Holder shall appoint a Qualified Ecologist with 7 or more years of relevant
experience, for the Project to advise on, monitor and ensure proper
implementation of measures for habitat loss due to the Project, in particular
the habitat compensation at Wong Chuk Hang Nullah, and to prepare submissions
as required under Conditions 2.13 and 2.14. The qualification and experience of the Qualified Ecologist shall be certified by the ET Leader and
verified by the IEC. The Qualified Ecologist shall form part of the ET.
Employment of
Certified Arborist
2.4
The Permit Holder shall appoint a Certified Arborist
for the Project to advise on, monitor and ensure proper implementation of
measures for protecting trees affected by the Project, in particular the Old
and Valuable Trees within the Project boundary, and to prepare submissions as
required under Condition 2.15. The Certified Arborist shall form part of the ET.
Management
Organization of Main Construction Companies
2.5
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.
Submission of Construction
Programme and EP Submission Schedule
2.6 The
Permit Holder shall, no later than two weeks before commencement of the
land-based and marine-based construction works 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; together with the anticipated schedule of submissions for fulfilling the
submission requirements as contained in this Permit. The Permit Holder shall inform the
Director accordingly in writing in case of any subsequent changes of items
contained in this submitted construction programme and EP Submission Schedule.
Community
Liaison Groups
2.7
The Permit Holder shall set up Community Liaison Groups
comprising representatives of concerned and affected parties, including owners’
corporations, management offices, local committees and schools in the affected
areas, to facilitate communication, enquiries and complaints handling on all
environmental issues throughout the entire construction period, including the
follow up on the implementation of remedial mitigation measures, and other
initiatives by the Permit Holder such as Indirect Technical Remedy in the form
of upgraded glazing and air conditioning for eligible dwellings affected by
construction air-borne noise impact, as well as continuous noise monitoring
mechanism and any need for web camera monitoring. The Permit Holder shall notify the
Director the date of setting up the Community Liaison Groups at least one month
before commencement of construction of the Project. A designated complaint hotline shall
also be set up for the Project to address such concerns and complaints in an
efficient manner.
Submission of Updated
EM&A Manual for Continuous Noise Monitoring Mechanism
2.8
The
Permit Holder shall, no later than one month before the commencement of
construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of an updated EM&A Manual for the
Project. The updated EM&A
Manual shall include:
(a)
updated
environmental monitoring and audit requirements relating to continuous noise monitoring referred to in
Condition 2.10;
(b)
drawings
in the scale of 1:5,000 or other appropriate scale as agreed by the Director
showing the proposed locations for conducting continuous noise monitoring;
(c)
monitoring
methodology and measurement parameters;
(d)
a system to report the continuous noise monitoring
results on a website within a period of 2 working days, after the relevant
noise monitoring data are collected or become available; and
(e)
an
Event and Action Plan with proposed immediate remedial action(s).
Before
submission to the Director, the updated EM&A Manual shall be certified by
the ET and verified by the IEC as conforming to the relevant information and
recommendations contained in the approved EIA Report or the updated prediction
of noise levels as contained in the construction noise mitigation measures plan
referred to in Condition 2.9. All
measures recommended in the updated EM&A Manual approved under this Condition
shall be fully and properly implemented.
Submissions or Measures
During Construction Stage
Submission
and measures for mitigating construction noise
2.9 To
further reduce the construction noise impacts on the 12 noise sensitive
receivers (NSRs) with predicted exceedance in air-borne construction noise and
the 2 NSRs with predicted exceedance in ground-borne construction noise in the
approved EIA Report, the Permit Holder shall, at least one month before
commencement of construction of the project, submit to the Director for
approval four hard copies and
one electronic copy of a construction noise mitigation measures plan. The location of these NSRs are as shown
in Figures 3 to 6.
The Plan shall include:-
(a)
a schedule of construction works to be carried out at the
works areas of the Project within
(b)
an updated construction methodology of the construction
works;
(c)
an updated powered mechanical equipment (PME) list for the
construction works;
(d)
an updated proposal of air-borne noise mitigation
measures for the 12 NSRs as shown in Figures
3 to 6, including the provision
of noise barriers, enclosures and Indirect Technical Remedies;
(e)
an updated proposal of ground-borne noise mitigation
measures for the 2 NSRs as shown in Figure
5; and
(f)
an updated prediction of noise levels in accordance with
the above updated information and mitigation proposals
in place.
The
submission(s) shall be certified by the ET Leader and verified by the IEC as
conforming to the relevant information and recommendations contained in the
approved EIA Report. All measures
recommended in the approved construction
noise mitigation measures plan shall be fully and
properly implemented.
2.10
The Permit Holder shall set up a continuous noise
monitoring mechanism, at least
2 weeks before the commencement of construction of the Project in accordance
with the requirements as contained in the updated EM&A Manual approved
under Condition 2.8, and as part of EM&A works under Condition 3.1. This system shall be provided throughout
the entire construction period. In
the event that the measured noise levels exceed the worst case scenario(s)
predicted in the approved EIA report or the updated prediction of noise levels
as contained in the construction noise mitigation measures plan referred to in
Condition 2.9 above, the Permit Holder shall take immediate remedial action(s)
following the procedures specified in the updated EM&A Manual.
Submission and measures for
handling construction and demolition materials (C&DM)
2.11 The
Permit Holder shall, no later than 2 weeks before commencement of construction
of the Project, submit to the Director for approval four hard copies and one
electronic copy of a construction and demolition (C&D) materials management
plan. The C&D materials
management plan should include:-
(a) drawings
in the scale of 1:5000 or other appropriate scale as agreed by the Director
showing the designated transport routes of C&D materials to and from each
of the specific barging points at Telegraph Bay, Lee Nam Road and Western
Public Cargo Working Area;
(b) maximum
volume of C&D materials to be handled per day at each specific barging
point;
(c) operation
hours and day of each specific barging point throughout the construction
period;
(d) maximum
number of truck movements per working day to and from each specific barging point;
(e) a
mitigation plan listing out measures to minimize potential environmental
impacts due to truck movements to and from each specific barging point as well
as potential environmental impacts due to operation of each specific barging
point;
(f) a
monitoring and auditing programme to ensure implementation of the mitigation
plan and the EM&A results shall be reported in the monthly EM&A report
as required in Condition 3.4; and
(g) results
of consultation with relevant Community Liaison Groups as set up under Condition 2.7
regarding the proposals in this C&D materials management plan.
The submission(s) shall be certified by the ET Leader and verified by
the IEC as conforming to the relevant information and recommendations contained
in the approved EIA Report. All
measures recommended in the approved Plan shall be fully and properly implemented.
Submission
and measures for mitigating ecological impacts
2.12
To reduce the impact to ardeids at Wong Chuk Hang Nullah,
the Permit Holder shall not carry out:
(a)
site
clearance works between December to February of the following year inclusively
at the area as shown in diagonal-stripped blue in Figure 7. This is to avoid disturbance to ardeid
roosting activities in winter ; and
(b)
construction
works with PME between 18:00 to 06:00 hours of the following day inclusively at
the area as shown in diagonal-stripped green in Figure 7. This is to avoid disturbance to the
ardeid night roosting activities.
2.13
To
compensate the loss for ardeid roosting sites due to the construction works at
Wong Chuk Hang Nullah, the Permit Holder shall:
(a)
no
later than one month before commencement of site clearance works, submit to the
Director for approval four hard copies and one electronic copy of an ecological
planting and landscape plan showing:
i.
types
and locations of tree species such as Mallotus paniculatus, Macaranga
tanarius, Leucaena leucocephala, Ficus hispida, Cratoxylum cochinchinense
and other fruit-bearing species, to be planted at the area as shown in
diagonal-stripped red in Figure 7;
ii.
habitat
compensation/enhancement works by planting the Nullah sides with plant species,
including Celtis sinensis, Reevesia thyrsoidea, Schima superba, Schefflera
heptaphylla, Sapium discolour, Mallotus paniculatus, Liquidambar formosana,
Aquilaria sinensis, Sterculia lanceolata, Litsea rotundifolia, llex asprella,
Rhaphiolepis indica, Psychotria rubra and Rhodomyrtus tomentosa; and
iii.
a
3-year post-planting care and maintenance plan, including the details of
monitoring periods, monitoring frequency, duties of the Qualified Ecologist who
will carry out the monitoring work, a contingency plan for remedial actions and
reporting requirements, and the requirements and proposed contents of a final
monitoring report to be submitted by the Qualified Ecologist at the end of the
3-year post-planting care and maintenance period.
The ecological planting and landscape plan
shall be prepared by a Qualified Ecologist as appointed under Condition 2.3 and
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 planting works or
measures as set out in the approved ecological planting and landscape plan
shall be fully and properly implemented.
(b)
no
later than one month after completion of planting works at the area as shown in
diagonal-stripped red in Figure 7
and the Nullah sides, deposit with the Director four hard copies and one
electronic copy of a set of as-built drawing(s) showing the planting works
carried out under Condition 2.13 (a).
Before submission to the Director, this set of as-built submission(s)
shall be certified by the ET Leader and verified by the IEC to demonstrate that
Condition 2.13 (a) is fulfilled; and
(c)
no
later than 1 month after completion of the 3-year post-planting care and
maintenance period as stipulated under Condition 2.13(a)(iii) above, the
Qualified Ecologist shall deposit with Director four hard copies and one
electronic copy the Final Monitoring Report mentioned in Condition 2.13
(a)(iii) above.
2.14
To reduce the impact to plant species of conservation
interest due to construction of the Project, transplantation of the species,
including Gleditsia
australis, Aquilaria sinensis, Lagerstroemia fordii, Pavetta hongkongensis and
Houttuynia cordata, and other
uncommon plant species if identified during a detailed transplanting baseline
survey, shall be carried out. The
Permit Holder shall:
(a)
no
later than one month before commencement of site clearance works of the
Project, deposit with the Director four hard copies and one electronic copy of
a detailed transplanting baseline survey report showing the survey results,
methodology, survey periods, types and locations of plants identified within
the Project boundary as suitable for transplantation;
(b)
no
later than one month before commencement of plant transplantation, deposit with
the Director four hard copies and one electronic copy of transplantation
proposal showing:
i. types
and locations of plants identified in the detailed transplanting baseline
survey;
ii. locations
of reception sites for transplantation;
iii. methodology
and implementation programme of transplantation; and
iv. post-transplantation
monitoring and maintenance programme.
The transplanting baseline survey and the
transplanting proposal shall be prepared by a Qualified Ecologist appointed
under Condition 2.3 and 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 as set out in the deposited transplanting proposal shall
be fully and properly implemented.
(c) no
later than one month after completion of transplanting works, deposit with the Director
four hard copies and one electronic copy of a set of as-built drawing(s)
showing the transplanting works carried out under Condition 2.14 (b). Before submission to the Director, this
set of as-built submission(s) shall be certified by the ET Leader and verified
by the IEC to demonstrate that Condition 2.14 (b) is fulfilled.
Measures for mitigating visual and landscape impacts
2.15
The Permit Holder shall, no later one month before the
commencement of site clearance works of the Project, deposit with the Director
four hard copies and one electronic copy of a Tree Protection Plan detailing
the requirements and measures for the proper protection and monitoring of trees
affected by the construction of the Project, including all Old and Valuable
Trees and Protected trees within the Project boundary. The Tree Protection Plan shall include:
(a)
detailed working method statement for the protection of
retained trees;
(b)
tree transplanting proposal including final location for
transplanted trees that will be affected by the works and are trees of high to
medium survival rate; and
(c)
an audit report proposal on the tree protection
activities to be implemented throughout the construction period.
The Tree Protection Plan shall be prepared
by Certified
Arborist as appointed under Condition 2.4 and 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 tree protection works or measures as set out in the deposited Tree
Protection Plan shall be fully and properly implemented.
Measures for
mitigating water quality and marine ecological impacts
2.16
To reduce the dispersion of suspended solids during marine-based construction/demolition
works, including the piers/pier foundations of railway bridge over Aberdeen
Channel and temporary barging point at
(a) install a silt curtain system
to enclose the marine-based construction/demolition works in accordance with
the silt curtain plan(s) deposited on the Register. All recommended measures and requirements
as set out in the deposited silt curtain plan(s) shall be fully and properly
implemented. No marine-based
construction/demolition works shall be carried out without a properly installed
and maintained silt curtain system in place. If
there is any subsequent changes in the silt curtain plan(s), the Permit Holder shall, no later than 1 month before implementation of the amended plan,
deposit with the Director four hard copies and one electronic copy of the
amended silt curtain plan(s). Before submission to the Director, the amended silt curtain plan(s) shall
be certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the approved EIA
report.
(b)
carry out marine-based
construction works for the piers/pier foundations of railway bridge over Aberdeen
Channel inside a watertight enclosure in the form of a cofferdam or steel pile
casing, to avoid spillage of suspended sediment or wastewater into the sea.
Measures for mitigating aerial emissions
from PME
2.17
The Permit Holder shall ensure that all diesel fuelled
PME used within the work areas of the Project are powered by ultra low sulphur
diesel fuel.
Submissions or Measures Before and During
Operational Stage
Measures
for mitigating operational noise
2.18
The Permit Holder shall operate 3-car K-Stock train, or
other train type with equivalent or better noise performance supported with
justifications by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the approved EIA
report, of approximately
2.19
The Permit Holder shall, no later than one month after
completion of corresponding parts of the tunnel excavation of the Project,
deposit with the Director four hard copies and one electronic copy of an
Operational Ground-borne Noise Review Plan to justify the adequacy of the
proposed operational ground borne noise mitigation measure recommended for that
part of the tunnel in the approved EIA Report. The Operational Ground-borne Noise
Review Plan shall include the verification of the assumptions adopted in the
approved EIA Report, such as Line Source Response and ground vibration conditions,
and shall include justifications and recommendations for any additional noise
mitigation measures. Before
submission to the Director, the Operational Ground-borne Noise Review Plan
shall be certified by the ET Leader and verified by the IEC as conforming to
the information, requirements and recommendations as set out in the approved
EIA report.
2.20
The Permit Holder shall, no later than one month prior to
the installation of rail tracks of the Project, deposit with the Director four
hard copies and one electronic copy of an Operational Ground-borne Noise
Mitigation Measures Plan showing:
(a)
Type
(b)
any additional or changes in noise mitigation measures as
required in accordance with the Operational Ground-borne Noise Review Plan
deposited under Condition 2.19.
Before submission to
the Director, the Operational Ground-borne Noise Mitigation Measures Plan shall
be certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the approved EIA
report. All recommended measures as set out in the deposited Plan shall be fully and properly implemented.
2.21
The Permit Holder shall, no later than one month after
the completion of installing the tracks, deposit with the Director four hard
copies and one electronic copy of a set of as-built drawing(s) for the
operational ground-borne noise mitigation measures as recommended in the
Operational Ground-borne Noise Mitigation Measures Plan deposited under
Condition 2.20 above. Before
submission to the Director, the set of as-built drawing(s) shall be certified
by the ET Leader and verified by the IEC to demonstrate that measures as set
out in the Plan deposited under Condition 2.20 has been fully and properly
implemented.
2.22
To mitigate the operational air-borne noise from the
viaduct section as shown in Figure 1,
before commencement of operation of the Project, the Permit Holder shall fully
and properly implement all
noise mitigation measures as shown in Appendix 1 and Figures 11 to 13 of this Permit.
2.23
The Permit Holder shall, no later than one month after
the completion installing noise mitigation measures on the viaduct section,
deposit with the Director four hard copies and one electronic copy of a set of
as-built drawing(s) showing:
(a)
the operational air-borne noise mitigation measures under
Condition 2.22 above; and
(b)
any additional or changes in measures that may have been
implemented after consultation with concerned parties.
Before submission to
the Director, the set of as-built drawing(s) 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.
2.24
At
least one month before commencement of operation of the Project, the Permit Holder
shall carry out noise performance test and deposit with the Director four hard
copies and one electronic copy of a Noise Performance Test Report to confirm
the compliance of the operational air-borne and ground-noise levels in
accordance with the approved EIA Report.
Before submission to the Director, the Noise Performance Test Report
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.
Any necessary measure(s) as recommended in the Noise Performance Test Report
shall be fully and properly implemented.
2.25
At
least one month before commencement of operation of the Project, the Permit
Holder shall carry out fixed plant noise audit and deposit with the Director
four hard copies and one electronic copy of an audit report showing that the
design of the fixed plant noise sources associated with the Project complies
with the maximum sound power levels determined in the approved EIA Report. The noise emitted from the fixed noise
sources shall be free of the characteristics of tonality, implusiveness and
intermittency. The audit report 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.
Measures
for mitigating visual and landscape impacts
2.26
To reduce the landscape and visual impact due to the
Project, in particular the reinstated Harcourt Garden, the new structures of
ventilation shafts and electrical and mechanical plant buildings and the
viaduct section along reinstated Wong Chuk Hang Nullah, the Permit Holder
shall, at least one month before the commencement of corresponding parts of
landscape works of the Project, deposit with the Director four hard copies and
one electronic copy of a visual and landscape plan. The Plan shall include the design
details, locations, implementation programme, maintenance and management
schedules, and drawings in the scale of 1:1,000 or other appropriate scale as
agreed by the Director of the landscape and visual mitigation measures of the
Project as recommended in the approved EIA Report. Before submission to the Director, the
Plan 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.
Measures for
mitigating water quality impacts
2.27
To maintain the water flow regime and flushing capacity in
Aberdeen Channel and reinstated Wong Chuk Hang Nullah, the Permit Holder shall
(a) align the railway bridge piers/pier foundations in parallel with the existing Ap
Lei Chau Bridge piers as shown in Figure
8 and adopt streamline-shaped pier foundations for the railway bridge and
(b) construct a nullah decking structure of approximately
3. Environmental
Monitoring and Audit Requirements
3.1 The EM&A programme of the Project, including the monitoring for noise, air quality and ecological impacts during the construction stage and the monitoring of ecological impacts after completion of construction activities, shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR – 155/2010) of the Project and an updated EM&A Manual submitted under Condition 2.8 above. The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.6. Any changes to the EM&A requirements or programme and termination of the EM&A programme shall be supported with justifications by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual (Register No. AEIAR – 155/2010) of the Project and the updated EM&A Manual submitted under Condition 2.8 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/updated 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/updated 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 2 weeks 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/updated 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 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 approved EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual/updated 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.
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 1.3 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 1 month 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.
The Permit Holder shall maintain the dedicated website for public access
of the environmental monitoring data and reports throughout the entire
construction period and during the first 3-year of operation of the Project, or
otherwise as agreed by 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 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.
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.
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 construction
site.
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
Part I of schedule 2 of the Ordinance without a valid environmental permit.
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:-
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
Noise Mitigation Measures to be Implemented before
commencement of Operation of the Project
Remarks:
1. This
table is produced according to Table 3.58 of the approved EIA report (Register
No. AEIAR-155/2010)
2. This
table is to be read in conjunction with Figures 11 to 13 attached to this Permit.
|
Chain-age |
Location |
Type of Noise Mitigation Measures |
Height, m |
Length, m |
|
|
Up Track (From South
Horizons to Admiralty) |
13530 – 13620 |
TWGH Yeung Shing
Memorial Long Stay Care Home |
Semi-enclosure
covering both tracks with opening along southern side |
6 |
90 |
|
|
13930 – 14100 |
West of |
Semi-enclosure
covering both tracks with opening along southern side |
6 |
170 |
|
|
14210 – 14400 |
East of Wong Chuk Hang
Residential Zone |
Semi-enclosure
covering all tracks of the viaducts with opening along northern side |
6 |
190 |
|
|
14660 – 14720 |
West of Wong Chuk Hang
Residential Zone |
Semi-enclosure
covering both tracks with opening along northern side |
6 |
60 |
|
Down Track (From
Admiralty to South Horizons) |
13530 – 13620 |
TWGH Yeung Shing
Memorial Long Stay Care Home |
Semi-enclosure
covering both tracks with opening along southern side |
6 |
90 |
|
|
13930 – 14100 |
West of |
Semi-enclosure covering
both tracks with opening along southern side |
6 |
170 |
|
|
14020 – 14100 |
|
Vertical Barrier |
|
80 |
|
|
14210 – 14400 |
East of Wong Chuk Hang
Residential Zone |
Semi-enclosure
covering all tracks of the viaducts with opening along northern side |
6 |
190 |
|
|
14660 – 14720 |
West of Wong Chuk Hang
Residential Zone |
Semi-enclosure
covering both tracks with opening along northern side |
6 |
60 |
|
|
14660 – 14720 |
West of Wong Chuk Hang
Residential Zone |
Vertical Barrier |
|
60 |
Notes: OCP
station will be upgraded to fully decking design to block the direct line of
sight to the tracks within the station from the planned NSRs at the G/IC site
next to the station should the development at the site is noise sensitive use.
| Figure 1
| Figure 2a | Figure 2b | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9 | Figure 10 | Figure 11 | Figure 12 | Figure 13 | Figure 14a | Figure 14b | Figure 14c | Figure 14d | Figure 15a | Figure 15b | Figure 15c | Figure 15d |
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