Environmental
Permit No. EP-324/2008/A
環境許可證編號No. EP-324/2008/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10及13條
ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED
PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants the Environmental Permit (No. EP-324/2008) to the Highways Department (hereinafter referred to as the “Permit Holder”) on 23 December 2008. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (No. EP-324/2008) based on the Application No. VEP-351/2012. The amendments, described below, are incorporated into the Environmental Permit (No. EP-324/2008/A). This Environmental Permit as amended is for the construction and operation the designated project described in Part B subject to the conditions specified in Part C.
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
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Application No. 申請書編號： |
VEP-351/2012 |
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Document in the Register : 登記冊上的文件：: |
(1) Agreement No. CE 73/98 Investigation Assignment for
Widening of –
Environmental
Impact Assessment Report (March 2000) [Hereinafter referred to as the “EIA Report”] –
Environmental
Monitoring and Audit Manual (March 2000) [Hereinafter referred to as the
“EM&A Manual”] –
Environmental
Impact Assessment Executive Summary (March 2000) [Hereinafter referred to as
the “EIA Executive Summary”] (Register No. AEIAR-037/2000) (1) 協議書編號CE 73/98 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程之研究勘測： –
環境影響評估報告 (2000年3月) [下稱 「環評報告」] –
環境監察及審核手冊 (2000年3月) [下稱「環評摘要」] – 環境影響評估行政摘要 (2000年3月) [下稱「環監手冊」] (登記冊編號 : AEIAR-037/2000) (2) The Director’s letter of approval of the EIA Report
dated 14 July 2000, ref.: (70) in EP2/N5/A/23 III. (2) 署長於 (3) Application for Environmental Permit submitted on 25
November 2008 (Application No. AEP-324/2008) (3) 於 (4) Environmental Permit issued – No.:
EP-324/2008 issued on 23 December 2008 (4) 已簽發的環境許可證 –
編號: EP-324/2008於
(5) Application for Variation of an
Environmental Permit submitted on 4 January 2012 (Application No.
VEP-351/2012) (5) 於 |
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Application No. 申請 編號 |
Date of Application 申請 日期 |
List of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
Date of Amendments 修訂 日期 |
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VEP-351/2012
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4 January 2012 |
(1) Add item (v) to “Scale and Scope of Designated
Project” in Part B of Environmental Permit No.
EP-324/2008 (1) 於環境許可證編號EP-324/2008 B部的“指定工程項目的規模和範圍” 加入項目(v) (2) Vary Condition 1.7, 2.4, 2.6, (2) 更改環境許可證編號EP-324/
(3) Vary Figure 4d in Part C of Environmental Permit No. EP-324/2008 |
31 January 2012 |
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31 January 2012 |
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Date 日期 |
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(Maurice YEUNG) Principal
Environmental Protection Officer (Assessment and
Noise) for the Director of
Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音)楊國良代行) |
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PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description
of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱 “許可證”) A部所提述的指定工程項目的說明：
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Title of Designated Project 指定工程項目的名稱 |
Widening of 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程 [This designated project is hereinafter referred to as
“the Project”] [本指定工程項目下稱 “工程項目”] |
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Nature of Designated Project |
A major improvement to existing expressways 對現有快速公路作重大改善工程 |
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Location of Designated Project 指定工程項目的地點 |
舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路 The location of the Project is shown in Figure 1 of this Permit. 指定工程項目的位置載於本許可證圖1。 |
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Scale and Scope of Designated
Project 指定工程項目的規模和範圍 |
The Project mainly consists of the followings:- 工程項目主要範圍包括以下各項：－ (i)
Widening
of a (ii)
Widening
of interchange sections at Island House Interchange, Tai Po North
Interchange, and Lam Kam Road Interchange from dual 2-lane to dual 3-lane,
including realignment of various slip roads; (iii)
Improvement
to the existing substandard merging arrangement at the southbound carriageway
of Wo Hop Shek Interchange; (iv)
Modification
and reconstruction of highways, vehicular bridges, underpasses and
footbridges; and (v)
Construction
of (i)
擴闊舊政務司官邸附近道路交匯處與和合石交匯處之間一段長5.7公里的 吐露港公路及一段長3公里的粉嶺公路，由雙程三線分隔行車道改為雙程四線分隔行車道； (ii)
擴闊舊政務司官邸附近道路交匯處、大埔北交匯處和林錦公路交匯處的路段，由雙程雙線分隔行車道改為雙程三線分隔行車道；大埔北交匯處南行車道則由雙線行車改為四線行車。上述工程包括為各連接路重新定線； (iii)
改善現有於和合石交匯處的南行行車道不合規格的匯合安排； (iv)
更改和重建公路，行車橋，行車隧道及行人天橋；及 (v) 興建九龍坑行車橋 |
1 General
Conditions
1.1 The permit holder and any person working on the
Project shall comply with all conditions of 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) 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 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 Project site(s) at all vehicular entrances/exits or
at a convenient location for public information at all times. The Permit
Holder shall ensure that the most updated information about the Permit,
including any amended permit, is displayed at such locations. If the
Permit Holder surrenders a part or the whole of the Permit, the notice he sends
to the Director shall also be displayed at the same locations as the original
Permit. The suspended, varied or cancelled Permit shall be removed from
display at the 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 all recommendations described in the EIA Report (Register No:
AEIAR-037/2000), the application documents including all attachments
(Application No. AEP-324/2008 and VEP-351/2012), 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 submissions, as required under this Permit,
shall be rectified and resubmitted in accordance with the comments, if any,
made by the Director within one month of the receipt of the Director’s comments
or otherwise specified by the Director.
1.9 All submissions approved by the Director, all
submissions deposited without comments by the Director, or all submissions
rectified in accordance with comments by the Director under this Permit shall
be construed as part of the permit conditions described in Part C of this
Permit. Any variation of the submissions shall be approved by the
Director in writing or as prescribed in the relevant permit conditions. Any
non-compliance with the submissions may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap. 499). All submissions or
any variation of the submissions shall be certified by the Environmental Team
(ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 below, before submitting to the Director
under this Permit.
1.10 The Permit Holder shall release all finalized
submissions, as required under this Permit, to the public by depositing copies
in the Environmental Impact Assessment Ordinance Register Office, or in any
other places, or any internet websites as specified by the Director, or by any
other means as specified by the Director for public inspection. For this
purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 All submissions to the Director required under this
Permit shall be delivered either in person or by registered mail to the
Environmental Impact Assessment Ordinance Register Office (currently at 27/F,
Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic
copies of all finalized submissions required under this Permit shall be
prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable
Document Format (PDF version 4.0 or later), unless otherwise agreed by the
Director and shall be submitted at the same time as the hard copies.
1.12 The Permit Holder shall notify the Director in
writing the commencement date of construction of the Project no later than 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.
1.13 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 Special
Conditions
Submissions or Measures to be implemented before 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 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 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 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, 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 Updated EM&A Manual
2.4 The Permit Holder shall, no later than two months
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. Before submission to the Director, the EM&A
Manual shall be certified by the ET and verified by the IEC as conforming to
the information and recommendations contained in the EIA Report (Register No:
AEIAR-037/2000), the application documents including all attachments
(Application No. AEP-324/2008 and VEP-351/2012) and other relevant documents in
the Register. The EM&A Manual shall include the latest information on
the EM&A requirements for air quality, noise, water quality, waste
management, cultural heritage and ecological aspects. All measures
recommended in the approved EM&A Manual shall be fully and properly
implemented according to the requirements and time schedule(s) set out in the
approved EM&A Manual.
Measures to Mitigate Construction Noise Impact
2.5 To mitigate construction noise impact arising from
the Project, the following temporary noise barriers shall be erected before
commencement of construction:-
(i)
3.5 m and
(ii)
(iii)
(iv)
(v)
Submission of Landscape Plan
2.6 The Permit Holder shall, at least two months before
the commencement of construction of the Project, submit to the Director for
approval four hard copies and one electronic copy of a landscape plan(s)
showing details of the landscape measures and compensatory ecological planting,
including boundaries of proposed works areas, trees within the works areas that
require and do not require removal, compensatory ecological planting of about
5.5 hectares including native species. The plan shall also include tree
transplantation and compensation arising from the construction of
Measures to Mitigate Ecological Impacts
2.7 Capture-surveys on the native frog species of Rana
guentheri , tadpoles and fish shall be conducted within the Ma Wat River
Northern Meander, location of which is shown in Figure 3, before commencement
of construction works of the Project. Any of these species caught during the
surveys shall be relocated to nearby undisturbed meander or river channel.
Measures and Submissions to be Implemented during Construction and
Operation of the Project
Measures to Mitigate Traffic Noise Impact
2.8 The Permit Holder shall implement the following
mitigation measures before commencement of operation of the Project to mitigate
the traffic noise impact arising from the Project:-
(i) Construction of noise barriers in accordance with
the details shown in Figure 4(a)-(e); and
(ii) Provide low noise road surface at both the widened
and reconstructed road sections covered under the Project.
2.9 The Permit Holder shall deposit five (5) copies of
as-built drawing(s) in 1:1000 scale for the noise barriers required under
Condition 2.8(i) and the requirements in the EIA Report (Register No: AEIAR-037/2000),
the application documents including all attachments (Application No.
AEP-324/2008 and VEP-351/2012), and other relevant documents in the Register,
to the Director before commencement of operation of the Project. The
drawing(s) shall be certified by the ET Leader and verified by the IEC to
confirm with Condition 2.8(i) and the requirements in the EIA Report (Register
No: AEIAR-037/2000), the application documents including all attachments
(Application No. AEP-324/2008 and VEP-351/2012), and other relevant documents
in the Register.
Measures to Mitigate Ecological Impacts
2.10 To compensate for loss of woodlands, the Permit
Holder shall implement ecological compensatory planting in accordance with the
approved Landscape Plan submitted under Condition 2.6 above before operation of
the Project.
2.11 Work areas as shown in the approved Landscape Plan
submitted under Condition 2.6 shall be fenced off using physical barriers
during the construction stage of the Project to prevent encroachment of
adjacent habitats.
2.12 Trees located within the works areas but do not
require removal as shown in the approved Landscape Plan submitted under
Condition 2.6 shall be fenced off during the construction stage of the Project
and retained thereafter.
Measures
to Mitigate Visual and Landscape Impacts
2.13 All measures recommended in the approved landscape
plan(s) shall be fully and properly implemented in accordance with the details
and programme set out in the submission.
Measures to Mitigate Water Quality Impacts within Water Gathering Ground
2.14 For the part of the Project located within Water
Gathering Grounds, to mitigate construction water quality arising from the
Project, the following measures shall be implemented during construction:-
(i) No stockpiling or storage of earth, building
materials, fuel, oil or toxic materials and other materials which may cause
contamination to the Water Gathering Grounds; and
(ii) Construction plant which causes pollution to the
Water Gathering Grounds due to leakage of oil or fuel shall be removed from the
Water Gathering Grounds immediately.
3 Environmental
Monitoring and Audit (EM&A) Requirements
3.1 The EM&A programme shall be implemented in
accordance with the procedures and requirements as set out in the EM&A
Manual of the Project. Any changes to the EM&A programme shall be
justified by the ET Leader and verified by the IEC as conforming to the requirements
set out in the EM&A Manual and shall seek the prior approval from the
Director before implementation.
3.2 Four hard copies and one electronic copy of
Baseline Monitoring Report shall be submitted to the Director at least two
weeks before the commencement of construction. The submissions shall be
certified by the ET Leader and verified by the IEC. Additional copies of
the Baseline Monitoring Report shall be provided upon request by the Director.
3.3 Four hard copies and one electronic copy of Monthly
EM&A Reports for the construction stage shall be submitted to the Director,
within 2 weeks after the end of the reporting month. The submission shall
be certified by the ET Leader and verified by the IEC before submission to the
Director. Additional copies of the Monthly EM&A Reports shall be
provided upon request by the Director.
3.4 The actions described in the Event/Action Plans of
the EM&A Manual shall be fully and properly carried out, in accordance with
the time frame(s) as set out in the Event/Action Plan, or as agreed by the
Director.
3.5 All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
3.6 To ensure a high degree of transparency regarding
the monitoring data and results, all environmental monitoring and audit data
and results and all submissions and all 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 4.2 below, in the shortest practicable time and in no event later
than 2 weeks after such information is available.
3.7 Records of measurements and remedial actions taken
under Condition 3.4 of this Permit shall be logged and kept within 3 working
days of the collection of data or completion of remedial action, shall be
included in the EM&A Reports and shall be available for inspection on site
or as requested by the Director.
4 Electronic
Reporting of EM&A Information
4.1 To facilitate public inspection of the EM&A
Manual, 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 the Hyper Text Markup Language (HTML) (version 4.0
or later) and in Portable Document Format (PDF version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies as described in Condition 3 of this Permit. For the HTML
version, a content page capable of providing hyperlink of 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 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 hard copies.
4.2 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 4.1 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 4.1 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.
4.3 The Internet website as described in Condition 4.2
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 work;
(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.
Environmental Permit No. EP-324/2008/A
環境許可證編號 EP-324/2008/A
| Figure 1 | Figure 2a | Figure 2b | Figure 2c | Figure 2d | Figure 2e | Figure 3 | Figure 4a | Figure4b | Figure 4c | Figure 4d | Figure 4e |
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