Environmental Permit No. EP-108/2001/A

環境許可證編號 EP-108/2001/A

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & 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

PART A (MAIN PERMIT)

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-108/2001) to the Civil Engineering and Development Department (CEDD) (hereinafter referred to as the "Permit Holder") on 5 November 2001. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit No. EP-108/2001 based on the Application No. VEP-385/2012. The amendments described below, are incorporated into this Environmental Permit No. EP-108/2001/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》(環評條例)第10條的規定，環境保護署署長(署長)於2001年11月5日將環境許可證編號EP-108/2001批予土木工程拓展署 (下稱 “許可證持有人”)。根據環評條例第13條的規定，署長因應更改環境許可證的申請編號VEP-385/2012修訂環境許可證編號EP-108/2001。以下修訂已包含在本環境許可證編號EP-108/2001/A內。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程項目，但須遵守本許可證C部所說明或附載的條件。本環境許可證是依據下列文件、批准或許可而簽發：

Application No.

申請書編號

VEP-385/2012

Document in the Register:

登記冊上的文件：

(1)

(2)

(3)

(4)

(5)

Pak Shek Kok Development - Environmental Impact Assessment (Register No. EIA-001/1998)
-Final Report (June 1998) [hereinafter referred to as the "EIA Report"], and
-Environmental Monitoring and Audit Manual (June 1998) [hereinafter referred to as the "EM&A Manual"].

白石角發展─環境影響評估(登記冊編號：EIA-001/1998)
-終期報告(1998年6月) [下稱環評報告]，以及
-環境監察及審核手冊 (1998年6月)。

Document "Remaining Engineering Infrastructure Works for Pak Shek Kok Development" attached to the application for Environmental Permit submitted by the Permit Holder on 8 October 2001 (Application No. AEP-108/2001) [hereinafter referred to as the "Application"].

許可証持有人於2001年10月8日提交環境許可證的申請編號AEP-108/2001之附件"白石角發展計劃基礎設施餘下工程"[下稱"環境許可證申請書"]。

Application for Environmental Permit submitted by applicant on 8 October 2001 (Application No.: AEP-108/2001).

許可證持有人於2001年10月8日提交的環境許可證申請。(申請書編號：AEP-108/2001)。

Environmental Permit No EP-108/2001 issued on 5 November 2001.

環境許可證編號﹕EP-108/2001於2001年11月5日簽發。

Application for Variation of an Environmental Permit No. VEP-385/2012 submitted on 10 December 2012.

申請更改環境許可證編號VEP-385/2012 於2012年12月10日提交。

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-385/2012

10 December 2012

2012年12月10日

- Vary Description of Designated Project in Part B of Environmental Permit No. EP-108/2001

更改環境許可證編號﹕EP-108/2001的B部指定工程項目的說明

- Vary Conditions 1.7, 3.1 and 5.3 in Part C and Figure 2 of Environmental Permit No. EP-108/2001

更改環境許可證編號﹕EP-108/2001的C部第1.7，3.1和5.3項條件及圖2

- Delete Condition 3.2 in Part C of Environmental Permit No. EP-108/2001.

刪除環境許可證編號﹕EP-108/2001的C部第3.2項條件

- Renumber Condition 3.3 in Part C of Environmental Permit No. EP-108/2001 to Condition 3.2 in Part C of Environmental Permit No. EP-108/2001/A

把環境許可證編號﹕EP-108/2001的C部第3.3項條件重新編號為環境許可證編號﹕EP-108/2001/A的C部第3.2項條件

4 January 2013

2013年1月4日

4 January 2013

2013年1月4日

Date

日期

(Maurice K.L. YEUNG)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任楊國良代行)

PART B (DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):

下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:

Title of Designated Project

指定工程項目的名稱

Remaining Engineering Infrastructure Works for Pak Shek Kok Development [This designated project is hereinafter referred to as "the Project"].
白石角發展計劃基礎設施餘下工程[下稱工程項目]。

Nature of Designated Project

指定工程項目的性質

Construction and operation of a district distributor (Road D1) linking the Northern Access Road and the Southern Access Road of the Pak Shek Kok Development Area and the associated works.
建造及營辦一條屬地區幹路的道路(D1路)連接白石角發展區的北面通道和南面通道和相關工程。

Location of Designated Project

指定工程項目的地點

Pak Shek Kok, Tai Po, New Territories. Figure 1 as submitted by the Applicant and attached to this Environmental Permit shows the location of the proposed road (Road D1).
新界大埔白石角。工程項目的地點包括D1路如本環境許可證內圖1所示。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

Construction and operation
建造及營辦

A dual 2 lane carriageway (Road D1) extending parallel to Tolo Highway, from (and including) the Southern Access Road through the Pak Shek Kok Development Area to link with the Northern Access Road.
一條 2公里的雙程雙線幹路 D1路，於吐露港公路平衡延長，連接白石角發展區的北面通道和南面通道。

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance 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 the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354). 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 authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.

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 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.

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. EIA-001/1998); the information contained in Application No. AEP-108/2001, and all referenced documents in the Application No. VEP-385/2012; and the information or mitigation measures described in this Permit, or 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, or 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, 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. All submissions or any variation of the submissions shall be verified by the Independent Environmental Checker (IEC) referred to in Condition 2.1 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 2 weeks prior to the date of 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). The Permit Holder shall make copies of this permit available at all times for inspection by the Director at all the sites covered by this permit.

2. Submissions for the Construction of the Project

2.1 An Independent Environmental Checker (IEC) shall be employed no later than 2 months before the commencement of construction of the Project. The IEC shall have at least 7 years' experience in environmental monitoring and auditing (EM&A) or environmental management. The IEC shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submission relating to EM&A, 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.

2.2 An Environmental Team (ET) shall be established no later than 2 months before the commencement of construction of the Project. The ET shall be headed by the ET Leader who shall have at least 7 years' experience in 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.

2.3 The Permit Holder shall, within 4 weeks after the commencement of construction of the Project, inform the Director in writing of 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.

2.4 The Permit Holder shall, at least 4 weeks before the commencement of construction of the Project, deposit with the Director 3 sets of landscape plan and tree planting proposal of the Project of scale 1 to 1000 or other scale as agreed by the Director. The submission shall also include an implementation programme for the landscape areas, with clear identification of the responsibility for implementation, management and maintenance of the landscape areas. The submission shall be verified by the IEC as conforming to the information and recommendations contained in Section 8.9 and Figure 8.9a of the EIA Report and the Application. Additional copies may be required by the Director. All measures recommended in the deposited landscape plan and tree planting proposal shall be fully implemented in accordance with the details and time schedule set out in the submission.

3. Measures for Construction and Operation of the Project

3.1 To mitigate the traffic noise impact arising from the Project, the sections of the noise barrier shall be constructed before the occupation of the School Site at Pak Shek Kok Development as indicated in Figure 2 attached to this Permit. The noise barriers shall be continuous structures with no gap or opening except where access road is required.

3.2 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Annex A shall be fully implemented throughout the construction period.

4. Environmental Monitoring and Audit requirements during Construction of the Project

4.1 An EM&A programme shall be implemented as set out in the EM&A Manual of the EIA Report (Register No. EIA-001/1998). Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and information contained in the EIA Report and the Application (AEP-108/2001) before submission to the Director for approval.

4.2 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual by conducting impact monitoring as set out in the EM&A Manual.

4.3 The remedial actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frames(s) set out in the Event/Action Plans, or as agreed by the Director.

4.4 Records of measurements and remedial actions taken under Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the EM&A Reports and making the information available for inspection on site.

4.5 The Permit Holder shall make reference to the information contained in the Baseline Monitoring Report submitted under the "Advance Engineering Infrastructure Works for Pak Shek Kok Development - Southern Access Road and Sewage Pumping Station No. 3" for the purpose of preparing the Baseline Monitoring Report of the Project. Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director no later than 2 weeks before the construction of the Project. The submission shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

4.6 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all noncompliance (exceedances) of the environmental quality performance limits (Action and Limit levels). The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

4.7 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

5. Environmental Monitoring and Audit Requirements during Operation of the Project

5.1 The Permit Holder shall, at least 6 months before the operation of the Project, deposit with the Director a monitoring plan for the purpose of assessing the accuracy of traffic noise predictions, by comparing the project noise impact predictions with the actual impacts. The monitoring plan shall contain monitoring locations, monitoring schedules, methodology of noise monitoring including noise measurement procedures, traffic counts and speed checks, and methodology of comparison with the predicted levels. At least one monitoring location at the noise sensitive receivers protected by noise mitigation measures shall be proposed. At least three sets of measurements shall be conducted and the monitoring shall be done within the first year of operation of the project. Monitoring shall be conducted in accordance with the deposited monitoring plan unless with prior justification. Monitoring details and results, including the comparison between the measured noise levels and the predicted levels, shall be recorded in a report. The report shall be certified by the Permit Holder before it is deposited with the Director, within one month after the completion of the monitoring.

5.2 The Permit Holder shall deposit with the Director 3 copies of audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures recommended in the submission deposited under Condition 2.4 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.

5.3 The Permit Holder shall deposit with the Director 3 copies of audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures described in Condition 3.1 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.

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 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 Conditions 4 and 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 format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

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 EIAO, and the following notes are for general information only.

2. If there is a breach of any condition 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 EIAO 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.

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 EIAO to the Director for a further environmental permit.

5. Under Section 14 of the EIAO, 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.

6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.

Environmental Permit No. EP-108/2001/A

| Figure 1 | Figure 2 |

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