Environmental Permit No. EP-353/2009/E
環境許可證編號 EP-353/2009/E
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
Section
10 and 13
環境影響評估條例
(第499章)
第10條及13條
ENVIRONMENTAL PERMIT TO
CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部
(許可證主要部分)
Pursuant to Section 10
of the Environmental Impact Assessment Ordinance (EIAO), the Director of
Environmental Protection (the Director) granted the Environmental Permit (No. EP-353/2009) to the Highways Department (hereinafter referred
to as the "Permit Holder") on
根據環境影響評估條例(條例)第10條的規定，環境保護署署長（署長）於
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Application
No. 申請書編號 |
VEP-380/2012 |
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Document in the Register
: 登記冊上的文件:
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1. Project Profile – “Hong Kong -
Zhuhai - 工程項目簡介 ―“港珠澳大橋香港囗岸”（登記冊編號：PP-346/2008） 2. Hong Kong – Zhuhai – Macao Bridge Hong Kong
Boundary Crossing Facilities - Environmental Impact Assessment (EIA)
Report, Executive Summary, Environmental Monitoring and Audit Manual (Register No.: AEIAR-145/2009) Hereinafter
referred to as “the EIA Report” 港珠澳大橋香港囗岸 - 環境影響評估(環評)報告，行政摘要，環境監察及審核手冊 (登記冊編號: AEIAR-145/2009) 下稱“環評報告” 3. Application for Environmental Permit
on 許可證持有人於 4.
The Director’s letter of approval of the EIA Report dated 署長於 5. Application for Variation of an
Environmental Permit No. VEP-315/2010 and attached documents submitted by the
Permit Holder on 許可證持有人於 6.
Environmental Permit Issued on 於 7.
Application for Variation of an Environmental
Permit on 27 October 2010 (Application No. VEP-327/2010) 許可證持有人於 8.
Environmental Permit Issued on 16 November 2010
(No. EP-353/2009/B) 於 9.
Application for Variation of an Environmental
Permit on 21 November 2011 (Application No. VEP-343/2011) 許可證持有人於 10.
Environmental Permit Issued on 25 November 2011
(No. EP-353/2009/C) 於 11.
Application for Variation of an Environmental
Permit on 27 February 2012 (Application No. VEP-355/2012) 許可證持有人於 12.
Application for Variation of an Environmental
Permit on 8 October 2012 (Application No. VEP-380/2012) 許可證持有人於 |
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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-315/2010 |
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(1)
Add Conditions 2.12, (一) 加入環境許可證(編號EP-353/2009) C部的第2.12, (2) Vary Conditions 1.7, 3.1, 3.3, 3.18, 3.19, 3.21 and (二) 更改環境許可證(編號EP-353/2009) C部的第1.7, 3.1, 3.3, 3.18, 3.19, 3.21 及 3.22項條件 (3) Add Figures 11 to 29 to the Environmental Permit (No.
EP-353/2009) (三) 加入環境許可證(編號 EP-353/2009) 圖11
至29 |
2010年6月24 日 |
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VEP-327/2010 |
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(1) Delete
Conditions 2.12, (一) 刪除環境許可證(編號EP-353/2009/A) C部的第2.12, (2) Vary
Conditions 3.1, 3.17B, (二) 更改環境許可證(編號EP-353/2009/A) C部的第3.1, 3.17B, (3) Delete Figure 2
to 7, 9 to 10 of the Environmental
Permit (No.
EP-353/2009/A) (三) 刪除環境許可證(編號EP-353/2009/A)圖2 至7及9至10 (4) Vary Figure 22, 23, 25 to 27 and 29 of the Environmental
Permit (No. EP-353/2009/A) (四) 更改環境許可證(編號EP-352/2009/A)圖22,
23, 25至27及29 (5)
Add Figure 21a
and 27a to Environmental Permit
(EP-353/2009/A) (五) 加入環境許可證(編號 EP-353/2009/A) 圖21a及27a |
16
November 2010 |
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VEP-343/2011 |
21 November 2011 |
(1) Vary
Conditions 1.7 and 3.17B to Part C of the Environmental
Permit (No. EP-353/2009/B) (一) 更改環境許可證(編號EP-353/2009/B) C部的第1.7及3.17B項條件 (2) Vary
Figure 24 of the Environmental
Permit (No. EP-353/2009/B) (二) 更改環境許可證(編號EP-352/2009/B)圖24 |
25
November 2011 |
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VEP-355/2012 |
27 February 2012 |
(1) Vary
Conditions 1.7, 3.17B, 3.18, 3.19 and 3.22 to Part C of
the Environmental Permit (No. EP-353/2009/C) (一) 更改環境許可證(編號EP-353/2009/C) C部的第1.7, 3.17B, 3.18,
3.19 及3.22項條件 (2) Add
Conditions (二) 加入環境許可證(編號EP-353/2009/C) C部的第 (3) Vary
Figure 1 of the Environmental
Permit (No. EP-353/2009/C) (三) 更改環境許可證(編號EP-352/2009/C)圖1
(4)
Add Figures 30 & 31 to Environmental Permit (No.
EP-353/2009/C) (四) 加入環境許可證(編號EP-352/2009/C)圖30及31 |
7 March 2012 |
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VEP-380/2012 |
8 October 2012 |
(1) Vary
Conditions 1.7 and (一) 更改環境許可證(編號EP-353/2009/D) C部的第1.7及 (2) Add
Figures 32 & 33 to Environmental Permit (No.
EP-353/2009/D) |
16 October 2012 |
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16 October 2012
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Date 日期 |
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(Sam W.H. WONG) Principal Environmental Protection Officer (Regional
Assessment) for Director of Environmental Protection 環境保護署署長 （首席環境保護主任(區域評估) 黃偉康 代行） |
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PART
B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated project mentioned in Part A
of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated
Project 指定工程項目的名稱 |
(This designated project is hereafter referred
to as “the Project”) 港珠澳大橋香港囗岸 (本指定工程項目下稱“工程項目”) |
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Nature of Designated
Project 指定工程項目的性質 |
1.
Reclamation works
(including associated dredging works) more than 2.
A dredging operation
exceeding 3.
A road bridge more
than 4.
A
railway and its associated stations; and 5.
A railway tunnel more
than (一) 面積超過5公頃的填海工程(包括相聯挖泥工程)； (二) 挖泥量超過500,000立方米的挖泥作業； (三) 橋台之間的長度超過 (四) 鐵路及其相聯車站；及 (五) 入口之間的長度超過 |
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Location of Designated
Project 指定工程項目的地點 |
Northeast of Chek Lap Kok The location of the Project is shown in Figure 1 of this Permit. 赤鱲角之東北面 工程項目的地點展示於本許可證圖1內 |
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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 comprises the followings: (i)
Dredging
and reclamation at the northeast waters off the (ii)
cargo
processing facilities including kiosks for clearance of goods vehicles,
customs inspection platform, X-ray buildings and related supporting
facilities; (iii)
passenger
related facilities including processing kiosks and examination facilities for
private cars and coaches, passengers clearance building and halls and related
supporting facilities; (iv)
accommodation
for and facilities of the Government departments providing services in
connection with the HKBCF; (v)
provision
of transport and miscellaneous facilities inside the HKBCF including public
transport interchange, transport drop-off and pick-up areas, vehicle holding
areas, passenger queuing areas, road networks, footbridges, fencing, sewage
and drainage systems, water supply system, utilities, electronic system, traffic
control and surveillance system and related supporting facilities; (vi)
provision
of road access for connection of the HKBCF to the (vii)
reprovisioning
of the affected Airport’s facilities such as the existing Fire Services
Department’s (viii) provision of other facilities for connection
with the Airport such as an Automated People Mover system (i.e. a railway
system) to connect the Airport Terminal with the HKBCF. 工程項目主要範圍包括以下各項：－ 1.
在機場島東北水域進行挖泥及填海工程，以開拓土地闢建香港口岸及屯門至赤鱲角連接路的南面填海區； 2.
貨物處理設施，包括貨車清關檢查亭、海關驗貨台、X 光檢查大樓及相關配套設施； 3.
與旅客有關的設施，包括私家車和旅遊巴士過關亭和檢查設施、旅檢大樓和旅客出入境大堂及相關配套設施； 4.
提供與香港口岸有關服務的政府部門的辦公地方和設施； 5.
在香港口岸設置運輸和其他設施， 包括公共運輸交匯處、車輛上落客區、車輛停候區、旅客輪候區、道路網絡、行人天橋、圍網、污水排放及排水系統、供水系統、公用設施、電子系統、交通管制及資訊系統及相關配套設施； 6.
鋪築道路以連接香港口岸和港珠澳大橋香港接線、屯門至赤鱲角連接路及機場； 7.
重置受工程計劃影響的機場設施，例如現有的消防處海上救援東泊位；及 8.
設置其他設施以連接機場，例如延展現有的旅客捷運系統（即鐵路系統）以便連接機場客運大樓和香港口岸。 |
1.
General Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2 The Permit Holder shall ensure full compliance with all
legislation from time to time in force including, without limitation to, the
Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311),
Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap.
466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself
constitute any ground of defence against any proceedings instituted under any
legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together
with all documents referred to in this Permit and the documents referred to in Part A of the Permit readily available at all times for
inspection by the Director or his authorised officers at all sites/offices
covered by this Permit. Any reference to the Permit shall include all documents
referred to in the Permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the
person(s) in charge of the site(s) and ensure that such person(s) fully
understands all conditions and all requirements incorporated by the Permit. The
site(s) refers to site(s) of construction of the Project and shall mean the
same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of
this Permit on the Project site(s) at all vehicular site entrances/exits or at
a convenient location for public’s information at all times. The Permit Holder
shall ensure that the most updated information about the Permit, including any
amended Permit, is displayed at such locations. If the Permit Holder surrenders
a part or the whole of the Permit, the notice he sends to the Director shall
also be displayed at the same locations as the original Permit. The suspended,
varied or cancelled Permit shall be removed from display at the Project
site(s).
1.6 The Permit Holder shall
construct and operate the Project in accordance with the project descriptions
in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is
designed, constructed and operated in accordance with the information and
recommendations described in the EIA Report, the application documents including all
attachments (Application No. AEP-353/2009, Application No. VEP-315/2010, Application No. VEP-327/2010,
Application No. VEP-343/2011, Application No. VEP-355/2012 and Application No.
VEP-380/2012), 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 deposited
submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the comments, if any, made by the Director, within one month
of the receipt of the Director’s comments or otherwise as specified by the
Director.
1.9 All submissions
approved by the Director, all submissions deposited without comments by the
Director, and all submissions rectified in accordance with comments by the
Director under this Permit shall be construed as part of the permit conditions
described in Part C of this Permit. Any variation of the
submissions shall be approved by the Director in writing or as prescribed in
the relevant permit conditions. Any non-compliance with the submissions may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap. 499). All submissions or any
variation of the submissions shall be certified by the Environmental Team (ET) Leader
and verified by the Independent Environmental Checker (IEC) referred to in
Conditions 2.1 and 2.2 below, before submitting to the Director under this
Permit.
1.10 The Permit Holder shall release
all finalized submissions as required under this Permit, to the public by
depositing copies in the Environmental Impact Assessment Ordinance Register
Office, or in any other places, or any internet websites as specified by the
Director, or by any other means as specified by the Director for public inspection.
For this purpose, the Permit Holder shall provide sufficient copies of the
submissions.
1.11 The Permit Holder shall notify
the Director in writing the commencement date of construction of the Project no
later than one month prior
to the commencement of construction of the Project. The Permit Holder shall
notify the Director in writing immediately if there is any change of the
commencement date of the construction.
1.12 All submissions to the Director
required under this Permit shall be delivered either in person or by registered
mail to the Environmental Impact Assessment Ordinance Register Office
(currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).
Electronic copies of all finalized submissions required under this Permit shall
be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in
Portable Document Format (PDF version 1.3 or later), unless otherwise agreed by
the Director and shall be submitted at the same time as the hard copies.
1.13 For the purpose of this Permit,
“commencement of construction” does not include works related to site clearance
and preparations, or other works as agreed by the Director.
Specific
Conditions
2. Measures and
Submissions before Commencement of Construction
Employment of Environmental Monitoring and
Audit (EM&A) Personnel
2.1 An
Environmental Team (ET) shall be established by the Permit Holder no later than
6 weeks before the commencement of construction of the Project. The ET shall
not be in any way an associated body of the Contractor or the Independent
Environmental Checker (IEC) for the Project. The ET shall be headed by an ET
Leader. The ET leader shall be a person who has at least 7 years of experience
in environmental monitoring and auditing (EM&A) or environmental
management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the EM&A
requirements as contained in the EM&A Manual of the Project. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report and this Permit. The ET Leader shall
notify the IEC within one working day of the occurrence of any such instance or
circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report and this Permit or by
the Director or his authorized officers. Failure to maintain records in the
log-book, failure to discharge the duties of the ET Leader as defined in the
EM&A Manual or failure to comply with this Condition would entitle the Director
to require the Permit Holder by notice in writing to replace the ET Leader.
Failure by the Permit Holder to make replacement, or further failure to keep
contemporaneous records in the log-book despite the employment of a new ET
Leader may render the Permit liable to suspension, cancellation or variation.
2.2
An
IEC shall be employed by the Permit Holder no later than 6 weeks before commencement of
construction of the Project. The IEC shall not be in any way an associated body
of the Contractor or the ET for the Project. The IEC shall be a person who has
at least 7 years of experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Manual and shall audit
the overall EM&A performance, including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
and any other submissions required under this Permit. In addition, the IEC
shall be responsible for verifying the environmental acceptability of permanent
and temporary works, relevant design plans and submissions under this Permit.
The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.
The IEC shall notify the Director by fax, within one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the EIA Report and this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the Project. In the case where the IEC fails to so notify the Director of the
same, fails to discharge the duties of the IEC as defined in the EM&A
Manual or fails to comply with this Condition, the Director may require the
Permit Holder by notice in writing to replace the IEC. Failure to replace the
IEC as directed or further failure to so notify the Director despite employment
of a new IEC may render the Permit liable to suspension, cancellation or
variation. Notification by the Permit Holder is the same as notification by the
IEC for the purpose of this Condition.
Management
organization of main construction companies
2.3
The Permit Holder shall, at least 2 weeks before
the commencement of construction of each
relevant contract under the Project, inform the
Director in writing the management organization of the main construction
companies and/or any form of joint ventures associated with the construction of
the corresponding part of the Project. The submitted information shall
include at least an organization chart, names of responsible persons and their
contact details.
Submissions
of specification and plan on marine ecological mitigation measures
2.4
The Permit Holder shall advance the
preparation works for the designation of the marine park in the
2.5
The Permit Holder shall deposit with the
Director, at least 2 weeks before the commencement of the construction of the Project,
three hard copies and one electronic copy of a proposal,
including the proposed size and management plan, of the proposed marine park in
the Brothers Islands in consultation with the Director of Agriculture,
Fisheries and Conservation.
2.6
The Permit Holder
shall deposit with the Director prior to the commencement of marine works of
the Project, three hard copies and one electronic copy of a Dolphin Watching
Plan. The plan shall include regular inspection of the silt curtains, visual
inspection of the waters surrounded by the curtains, and an action plan shall
be devised to cope with any unpredicted incidents such as the case that Chinese
White Dolphin is found within the water surrounded by the silt curtains.
2.7
The Permit Holder shall deposit with the
Director at least 1 month before the commencement of construction of the
Project, three hard copies and one electronic copy of a Spill Response Plan
detailing the actions to be taken in the event of accidental spillage of oil or
other hazardous chemicals from construction activities including vessels
operating for the Project, with specific provisions for protecting marine
ecology and the Chinese White Dolphins.
2.8
To minimize the chance of vessel collision and
the disturbance to the Chinese White Dolphins, the Permit Holder shall deposit
with the Director, at least 2 weeks before the commencement of the construction
of the Project, three hard copies and one electronic copy of a plan showing the
regular marine travel routes of vessels moving to and from the Project work
sites. Any subsequent changes to the regular routes shall be verified by the
IEC as conforming to the requirements in the EIA Report and deposited with the
Director.
Landscape
and Visual Plan
2.9
The Permit Holder shall deposit with the Director,
at least 1 month before the commencement of construction of relevant part of the
Project, three hard copies and one electronic copy of a landscape and visual
plan incorporating aesthetic architectural design on buildings structures and
related infrastructure of the Project, streetscape elements, planting proposals
and other measures including night-time lighting control.
Waste
management plan
2.10
The Permit Holder shall deposit with the
Director, at least 1 month before the commencement of the construction of the
project, three hard copies and one electronic copy of a waste management plan
(WMP) for the construction stage of the Project. The WMP shall describe the arrangements
for avoidance, reuse, recovery and recycling, storage, collection, treatment
and disposal of different categories of waste to be generated from the
construction activities and shall include the recommended mitigation measures
on waste management in the EIA Report.
The WMP shall indicate the disposal location(s) of all surplus excavated
spoil and other waste. A trip
ticket system shall be included in the WMP. Surplus excavated spoil and other wastes
shall only be disposed of at designated disposal locations unless otherwise
approved by the Director. All
measures recommended in the WMP shall be fully and properly implemented by the
Permit Holder and any person working on the Project throughout the construction
period.
Environmental Project
Office
2.11
To
oversee the cumulative environmental impacts arising from the Project and other
concurrent projects in the adjoining area and to liaise closely with the
mainland project teams for the
2.12
Not used.
3. Submissions
or Measures during Construction of the Project
Measures
to mitigate disturbance to Chinese White Dolphins
3.1
A dolphin exclusion zone
of
3.2
Once
the perimeter silt curtains as mentioned in Condition 3.1 above are installed
or re-deployed, the Dolphin Watching Plan as deposited under Condition 2.6 of
this Permit shall be implemented as part of the EM&A programme.
3.3
To minimize the acoustic
disturbance to Chinese White Dolphins, silence piling equipment such as
vibratory piler shall be used for installation of sheet pile structure into the
seabed.
3.4
No underwater percussive piling shall be used
for the Project.
3.5
All vessels within the work areas shall not
travel at a speed higher than 10 knots.
3.6
Air
compressors and other noisy equipment mounted on construction vessels shall be
acoustically- decoupled.
3.7
Not used.
3.8
Not used.
3.9
Not used.
3.10
Not used.
3.11
Not used.
3.12
Not used.
3.13
Not used.
3.14
Not used.
3.15
Not used.
3.16
Not used.
3.17
Not used.
Measures to mitigate water quality impacts
3.17B The Permit Holder shall
construct the Project in accordance with Figures
11 to 28 of this Permit. The perimeter silt curtains as described
in Figure 12 shall be installed around
the HKBCF site before the commencement of marine works. No dredging works of marine sediment shall
be carried out for the Project except for the construction of box culverts and
seawalls at Portion D, the Fire Services Department (FSD) Rescue Berth and APM
Tunnel. FSD Rescue Berth and APM shall not commence construction before the
completion of reclamation of the HKBCF and TMCLKL southern landfall, unless
with prior approval by the Director. The Permit Holder shall notify the
Director in writing any proposed changes in the construction sequences and/or
arrangements before implementation of such changes. The proposed changes shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and requirements contained in the EIA Report.
3.17D A layer of geotextile shall be placed
on top of the seabed before any filling activities take place inside the
cellular structures to form the seawall. To prevent spillage of the filling
materials onto the surrounding water, the conveyor belts shall be fitted with
windboards and conveyor release points shall be covered with curtain.
3.17E Except for the filling of the
cellular structures, not more than 15% public fill shall be used for reclamation
filling below +2.5mPD during construction of the seawall. After the seawall is
completed except for the
3.17H Only grab dredgers shall be used for dredging works in
this Project. Each grab dredger shall be enclosed by a cage type silt curtain with
steel enclosure as illustrated in Figure
8 of this Permit to reduce sediment loss to the surrounding environment
during dredging operation.
3.17I No more than 5 filling barge trips per day
shall be made with a maximum
daily rate of
3.17J Upon
completion of
3.17K During the stone column
installation, silt curtain shall be installed near the active stone column
installation points as indicated in Figure
29 of this Permit. A layer of
geotextile with stone blanket on top shall be placed on the seabed prior to
stone column installation works.
Measures to mitigate water quality impacts from
re-deposition of Dredged Sediment in Sheet Pile Cellular Structures
3.18 The
dredged sediment from the Project shall be disposed of inside the sheet pile
cellular structures within the Project boundary or the re-deposition area
described in Condition
3.19 Before
re-deposition the dredged sediment, a layer of geotextile shall be placed at
the bottom of the sheet pile cellular structures to avoid the direct contact of
the re-deposited sediment and the bottom sediment.
3.20 Not used.
3.22 The dredged sediment
shall not be disturbed after re-deposition. No piling works or deep foundation
which may disturb the dredged sediment is allowed within the cellular structures
as described in Condition 3.18 of this Permit.
Measures to mitigate water quality impacts from
re-deposition of Dredged Sediment within Designated Re-deposition Area
3.22B Prior
to the erection of the steel sheet piles and re-deposition of sediment, silt
curtain shall be installed around the area of the re-deposition subarea.
3.22D After the re-deposition of sediment
within the re-deposition subarea, a layer of geotextile and a minimum
3.22E Field
trial(s) shall be carried out to demonstrate that the removal of the temporary
steel sheet piles walls would not cause adverse water quality impacts. A Trial Report shall be endorsed by the
IEC and deposited to the Director.
No removal of the steel sheet piles, except those involved in the field
trial(s), shall be carried out before the Trial Report is endorsed by the IEC
and is deposited to the Director.
Measures to
mitigate air quality impacts during construction phase
3.23 The Permit Holder
shall undertake watering at least 8 times per day on all exposed soil within
the Project site and associated work areas throughout the construction phase.
4. Measures
or Submissions for Operation of the Project
Emergency Response Plan for Spillage of Oil and
Chemicals
4.1
The Permit Holder shall, no later than 2 months
before the commencement of operation of the Project, deposit with the Director three
sets of a detailed Emergency Response Plan (ERP) on how to prevent oil and chemical
spillages caused by traffic
incidents on the carriageway from entering into the waterbody. The ERP shall be verified by the IEC as
conforming to the recommendations contained in the EIA Report.
Artificial Reef(s)
4.2
The Permit Holder shall, in consultation with
the Director of Agriculture, Fisheries and Conservation, deploy artificial
reef(s) with a total volume of not less than
5.
Environmental Monitoring and Audit (EM&A) Requirements
5.1 The EM&A programme of the Project shall be implemented in
accordance with the procedures and requirements as set out in the EM&A Manual of the approved EIA Report.
Any proposed change to the EM&A requirements or programme shall be justified by the ET leader
and verified by the IEC as conforming to the information and requirements
contained in the EM&A Manual and shall seek the prior
approval from the Director before
implementation.
5.2 Samples, measurements and necessary remedial
actions shall be taken in accordance with the requirements of the EM&A
Manual by:
(a) conducting
baseline environmental monitoring;
(b)
conducting
impact monitoring;
(c)
carrying
out remedial actions described in the Event/Action Plans of the EM&A Manual
in accordance
with the time frames set out in the Event/Action Plans, or as agreed by the
Director, in case where specified criteria in the EM&A Manual are exceeded;
and
(d)
logging
and keeping records of details of (a) to (c) above for all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and to
make available for inspection on site.
5.3 Three hard copies and one electronic copy of the Baseline
Monitoring Report shall be submitted to the Director at least 2 weeks before
commencement of construction of the Project. The submission shall be verified
by the IEC. Additional copies of the submission shall be made available to the
Director upon his request.
5.4
Three hard copies and one electronic copy of monthly
EM&A Report shall be submitted to the Director within 10 working days after
the end of the reporting month. The EM&A Reports shall include a summary of
all non-compliance (exceedances) of the environmental quality performance
limits (Action and Limit Levels). The submissions shall be verified by the IEC.
Additional copies of the submission shall be provided to the Director upon
request by the Director.
5.5
All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
5.6
To ensure a high degree of transparency
regarding the monitoring data and results in view of the public concern about
the Project, all environmental monitoring and audit data and results and all
submissions and performance test data and results required by this Permit shall
be made available by the Permit Holder to the public through a dedicated web
site to be set up by the Permit Holder under Condition 6.2 below, in the
shortest practicable time and in no event later than 2 weeks after such
information is available.
6.
Electronic Reporting of EM&A Information
6.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 1.3 or later), unless otherwise agreed by the Director and shall be submitted
at the same time as the hardcopies as described in Condition 5 of this Permit. For the
HTML version, a content page capable of providing hyperlink to each section and
sub-section of these Reports shall be included in the beginning of the
document. Hyperlinks to all figures, drawings and tables in these Reports shall
be provided in the main text from where the respective references are made. All
graphics in these Reports shall be in interlaced GIF, JPEG or PDF format unless
otherwise agreed by the Director. The content of the electronic copies of these
Reports must be the same as the hardcopies.
6.2 The
Permit Holder shall, within six weeks to the commencement of construction of
the Project, set up a dedicated web site and notify the Director in writing the
Internet address, where the project information, all environmental monitoring
and audit data and reports described in Condition 6.1 above and all finalized submissions and
plans required under this Permit are to be placed. All environmental monitoring
and audit data and reports described in Condition 6.1 above shall be made available to the public
via this dedicated web site to be set up by the Permit Holder in the shortest
possible time and in no event later than 2 weeks after the relevant environmental
monitoring data and reports is/are collected or become available, unless
otherwise agreed with the Director. All finalized submissions and plans shall
be made available to the public via this dedicated web site to be set up by the
Permit Holder in the shortest possible time and in no event later than 2 weeks
after they are deposited with or approved by the Director as required under
this Permit, unless otherwise agreed with the Director.
6.3
The
Internet website as described in Condition 6.2 above shall enable user-friendly public
access to the monitoring and project information including the project profile
of the Project, the EIA report, the environmental permit(s), all environmental
monitoring and audit data and report and all finalized submissions and plans
required under this Permit. Unless otherwise agreed with the Director,
the internet website shall have features capable of :
(a) providing access to all environmental
monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by
types of monitoring data (e.g. noise, water and air quality); and
(d) providing hyperlinks to relevant monitoring data after
searching.
Notes :
註：
1. This
Permit consists of three parts, namely, Part A (Main
Permit), Part B (Description of Designated Project) and Part C (Permit Conditions). Any person relying on this
permit should obtain independent legal advice on the legal implications under
the Ordinance, and the following notes are for general information only.
本許可證共有3部，即A部（許可證主要部分）；B部（指定工程項目的說明）及C 部（許可證條件）。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
2. If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit
Holder shall not carry out any associated works without the permission of the
Director or his authorized officer.
如違反本許可證的任何條件，署長或獲授權人員可在環境局局長的同意下勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
3. The
Permit Holder may apply under Section 13 of the Environmental Impact Assessment
Ordinance (the “Ordinance”) to the Director for a variation of the conditions
of this Permit. The Permit Holder shall replace the original permit displayed
on the Project site by the amended permit.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在建築工地內展示的原有許可證。
4. A
person who assumes the responsibility for the whole or a part of the Project
may, before he assumes responsibility of the Project, apply under Section 12 of
the Ordinance to the Director for a further environmental permit.
承擔指定工程項目整項或部分指定工程的責任的人，在承擔指定工程項目的責任前，可根據環評條例第12條的規定向署長申請新的環境許可證。
5. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment suspend, vary or cancel this Permit. The suspended, varied
or cancelled Permit shall be removed from display at the Project site.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從建築工地除下，不再展示。
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the Project could be continued. It is an offence under Section 26 (1) of
the Ordinance to construct or operate a designated project listed in Schedule 2
of the Ordinance without a valid environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續建造或營辦工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2所列明的指定工程項目，即屬犯罪。
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable:
如任何人在違反本許可證的條件下建造或營辦工程項目，根據環評條例，即屬犯罪 －
(i) on a
first conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii) on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii) on a
first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv) on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(v) in
any case where the offence is of a continuing nature, the court or magistrate
may impose a fine of $10,000 for each day on which he is satisfied the offence
continued.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance within 30 days of receipt of this Permit.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
9. The
Notes are for general reference only and that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
Environmental Permit No. EP-353/2009/E
環境許可證編號EP-353/2009/E
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