Environmental Permit No. EP-438/2012/C
環境許可證編號 EP-438/2012/C
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER
499)
SECTIONS 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 (the Ordinance),
the Director of Environmental Protection (the Director) granted the
environmental permit (No. EP-438/2012) to the MTR Corporation
Limited (hereinafter referred to as the "Permit Holder")
on 22 March 2012. Pursuant to Section 13 of the EIAO, the Director amends the
environmental permit (No. EP-438/2012/B) based on the Application No. VEP-401/2013.
The amendments, described below, are incorporated into this environmental
permit (No. EP-438/2012/C). This environmental permit as amended is for the
construction and operation of the designated project described in Part B subject to the conditions specified in Part C. The issue of this
environmental permit is based on the documents, approvals or permissions
described below:
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)於
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Application No. 申請書編號 |
VEP-401/2013 |
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Document in the Register: 登記冊上的文件： |
1. Shatin to Central
Link (SCL) - Tai Wai to Hung Hom Section (Register No. AEIAR-167/2012) : -
Environmental Impact Assessment (EIA) Report
(October 2011) [Hereafter referred to as "the SCL(TAW-HUH) EIA Report"] -
Environmental Monitoring and Audit (EM&A)
Manual (October 2011) [Hereafter
referred to as "the SCL(TAW-HUH) EM&A Manual”] -
Executive Summary (October 2011) 1. 沙中線-大圍至紅磡段(登記冊檔號：AEIAR-167/2012): -
境影響評估報告 (2011年10月) [下稱“SCL(TAW-HUH)環評報告”] -
環境監察審核手冊 (2011年10月) [下稱“SCL(TAW-HUH)環監手冊”] -
行政摘要(2011年10月)
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2. Shatin to
Central Link (SCL) – Stabling Sidings at Hung Hom Freight Yard (Register No.
AEIAR-164/2012) : -
Environmental Impact Assessment (EIA) Report
(October 2011) [Hereafter referred to as "the SCL(HHS) EIA Report"] -
Environmental Monitoring and Audit (EM&A)
Manual (October 2011) [Hereafter
referred to as "the SCL(HHS)EM&A Manual”] - Executive
Summary (October 2011) 2.
沙中線-位於紅磡貨運站的列車停放處 (登記冊檔號：AEIAR-164/2012): -
境影響評估報告 (2011年10月) [下稱“SCL(HHS)環評報告”] -
環境監察審核手冊 (2011年10月) [下稱“SCL(HHS)環監手冊”] -
行政摘要(2011年10月) 3. The Director’s letter of
approval of the SCL(TAW-HUH) EIA Report dated 17 February 2012, (ref. (28) in Ax (2) to EP
2/G/A/ 3. 署長於 4.
The Director’s letter of approval of the SCL(HHS) EIA Report dated 17
February 2012, (ref. (30) in EP 2/G/A/ 4. 署長於 5. Application for
Environmental Permit submitted on 23 February 2012 (Application No. AEP-438/2012)
[Hereinafter referred to as the "Application"] 5. 於 6.
Environmental Permit issued
on 22 March 2012 (Permit No. EP-438/2012/) 6. 於 7.
Application for Variation of Environmental Permit
including all attachments submitted by the Permit Holder on 28 June 2012
(Application No. VEP-370/2012) 7. 許可證持有人於 8.
Environmental Permit issued
on 12 July 2012 (Permit No. EP-438/2012/A) 8. 於 9.
Application for Variation of Environmental Permit
including all attachments submitted by the Permit Holder on 17 October 2012
(Application No. VEP-382/2012) 9.
許可證持有人於 10.
Environmental Permit issued
on 26 October 2012 (Permit No. EP-438/2012/B) 10. 於 11. Application for Variation
of Environmental Permit including all attachments submitted by the Permit
Holder on 15 April 2013 (Application No. VEP-401/2013) 11. 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 Environmental Permit 已包含在環境許可證內的修訂項目 |
Date
of Amendment 修訂日期 |
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VEP-370/2012 |
28 June 2012 |
Vary Figures 1, 3, 4, 5 and 11 of Environmental Permit No. EP-438/2012 更改環境許可證編號EP-438/2012的圖1,3,4,5及11 |
12 July 2012 |
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VEP-382/2012 |
17 October 2012 |
Vary Conditions 2.21 and 更改環境許可證編號EP-438/2012/A
C部條件第 2.21 及 2.22項 |
26 October 2012 |
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VEP-401/2013 |
15 April 2013 |
Vary Figures 3 and 4 of Environmental Permit No. EP-438/2012/B |
30 April 2013 |
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30 April 2013 |
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for 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:
下列為本環境許可證A部 所提及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 |
Shatin to Central Link (SCL) - Tai Wai to
Hung Hom Section [The project is
hereinafter referred to as "the Project".] 沙中線 - 大圍至紅磡段 [上述工程項目下稱"工程項目" ] |
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Nature of Designated Project |
The Project covers
the following Designated Project elements under Part I, Schedule 2
of the EIAO : -
A railway and its associated stations (Item A.2 of
Part 1 of Schedule 2 of the EIAO); -
A railway siding (Item A.4 of Part 1 of
Schedule 2 of the EIAO); -
A railway tunnel more than -
A railway bridge more than -
An explosive depot in a stand-alone, purpose built
building (Item K.10 of Part 1 of Schedule 2 of the EIAO). 根據環評條例，本工程項目包含了下列屬於指定工程項目的元素： -
鐵路及其相聯車站 (「環評條例」附表2第1部A.2項)； -
鐵路側線 (「環評條例」附表2第1部A.4項)； -
入口之間的長度超過 -
橋 台 之 間 的 長 度 超 過 -
在某一單獨、特建的建築物內的爆炸品倉庫 (「環評條例」附表2第1部K.10項) |
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Location
of Designated Project 指定工程項目的地點 |
General layout of the railway alignment and
location of the railway stations and the works sites of the Project are shown
in Figures 1, 2, 3, 4 and 5 attached to this Permit. 工程項目及其工地的位置見載於本許可證夾附的圖1,2,3,4及5。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Construction and operation of the following
key elements: (i)
a railway of approximately (ii)
seven
railway stations at Hin Keng, Diamond Hill, Kai Tak, To Kwa Wan, Ma Tau Wai,
Ho Man Tin and Hung Hom; (iii)
stabling
sidings at the former Hung Hom Freight Yard and associated
launching/retrieval tracks; (iv)
associated
ventilation
building, ventilation shafts, emergency access, emergency escape access and
emergency egress point; and (v)
supporting works areas, access roads, barging facilities
and temporary
explosive magazine during the construction of the Project. 建造和營辦以下的主要部份： (i)
長約 (ii)
7個位於顯徑、鑽石山、啓德、土瓜灣、馬頭圍、何文田及紅磡的車站； (iii)
位於前紅磡貨運站的列車停放處和相關的進出站路軌; (iv)
與鐵路相關的通風大樓、通風管道及緊急救援通道;及 (v)
於施工期間的後勤施工區、幹道支路、躉船轉運設施、臨時爆炸品倉庫。 Remarks : For Ho Man Tin (HOM) Station and Hung Hom (HUH)
Station, the civil construction works will be carried out under the Kwun Tong
Line Extension (KTE) Project and the SCL (Mong Kong East to Hung Hom Section)
Project respectively. The construction works to be carried out under this
Project will mainly include internal fitting-out works, track laying works
and provision of other station facilities. 建造何文田站及紅磡站的土木工程主要分別納入在「觀塘線延線」和「沙中線(旺角東至紅磡段)」的工程項目內，而本工程項目會在何文田站及紅磡站進行內部裝修、舖設路軌及提供其他車站設施。 |
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 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/exists 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 location. 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 location 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012); the SCL(HHS) EIA Report (Register No.
AEIAR-164/2012); the application document (Application No. AEP-438/2012);
other relevant documents in the Register; and the information or mitigation measures described in this Permit,
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 ongoing 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 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 variations 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 EIA
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 the Permit.
1.10 The
Permit Holder shall release all finalized submissions, as required under this
Permit, to the public by depositing copies in the EIA 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 EIA 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.
1.12 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.
1.14 The Permit Holder 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 and
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 SCL(TAW-HUH) EM&A Manual and SCL(HHS) EM&A
Manual. 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) 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 SCL(TAW-HUH) EIA Report (Register
No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) 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 SCL(TAW-HUH) EM&A
Manual and SCL(HHS) EM&A Manual and shall audit the
overall EM&A performance, including the implementation of all environmental
mitigation measures, submissions required in the SCL(TAW-HUH) EM&A Manual
and SCL(HHS) 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) 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.
Community Liaison Groups
2.3 Before
the commencement of construction of the Project, the Permit Holder shall set up
Community Liaison Groups comprising representatives of concerned and affected parties,
including owners’ corporations, management offices, local committees, residents
and schools in the affected areas along the railway alignment, to facilitate
communications, enquiries and complaint handlings on environmental issues
related to the Project and maintain the Community Liaison Groups throughout
the entire construction period of the Project. The Permit Holder shall follow up with
the Community Liaison Groups on the implementation of mitigation measures and
other initiatives proposed by the Permit Holder such as Indirect Technical
Remedies in the form of upgraded glazing and air-conditioning for eligible
dwellings affected by air-borne construction noise impact, as well as arrangement
of continuous construction noise monitoring. The Permit Holder shall
notify the Director the date of setting up the Community Liaison Groups, the
membership, the terms of reference and the contact details at least one month
before the commencement of construction of the Project.
2.4 The Permit Holder
shall set up a designated complaint hotline for the Project to address the
environmental concerns and complaints in an efficient manner before the
commencement of construction of the Project and maintain the designated
complaint hotline throughout the entire construction period of the Project.
Employment
of Certified Arborist
2.5 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 as well as trees to be transplanted, and to prepare
submissions as required under Condition 2.13 of this Permit.
Employment
of Qualified Archaeologist
2.6 The
Permit Holder shall
appoint a qualified archaeologist to conduct further archaeological
investigation at former
Management
Organization of Main Construction Companies
2.7 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 Environmental Permit (EP) Submission Schedule
2.8 The
Permit Holder shall, no later than two weeks before the commencement of the
construction 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.
Submission of
Construction Noise Mitigation Measures Plan (CNMMP)
2.9 To
further reduce the air-borne construction noise impacts on the 19 noise sensitive
receivers (NSRs) shown in Table 1 of this Permit with exceedance after
mitigation as predicted in the SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012), the Permit Holder shall, no later than
one month before the commencement of the construction of the Project, submit to
the Director for approval four hard copies and one electronic copy of an
updated Construction Noise Mitigation Measures Plan (CNMMP) and other
initiatives proposed by the Permit Holder. 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 19 NSRs as
shown in Table 1 of this Permit, including the provision of noise barriers,
enclosures and Indirect Technical Remedies;
(e)
an
updated prediction of noise levels in accordance with the above updated
information and mitigation proposals in place.
Before submission to the Director, the CNMMP shall be certified
by the ET Leader and verified by the IEC as conforming to the relevant
information and recommendations contained in the approved SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012). All measures recommended in the approved CNMMP shall be fully and properly
implemented.
2.10 Submission of Continuous Noise Monitoring Plan
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 a Continuous Noise Monitoring Plan for the Project.
The Plan shall include:
(a)
updated
environmental monitoring and audit requirements relating to continuous noise
monitoring at the NSRs shown in Table 1 of this Permit with exceedance after
mitigation in air-borne construction noise impact as predicted in the approved SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012) and as updated in the CNMMP approved under Condition 2.9;
(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 giving details of the immediate active remedial measures
in the event that the measured noise levels exceed the worst-case scenario
predicted in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA
Report (Register No. AEIAR-164/2012) or the levels as updated by the CNMMP
approved under Condition 2.9.
Before submission to
the Director, the Continuous Noise Monitoring Plan shall be certified by the ET
and verified by the IEC as conforming to the relevant information and
recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register
No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) or the updated prediction of noise levels
as contained in the CNMMP approved under Condition 2.9. All measures recommended
in the Continuous Noise Monitoring Plan approved under this Condition shall be
fully and properly implemented.
Submission of Construction and Demolition Materials
Management Plan (C&DMMP)
2.11 The
Permit Holder shall, no later than 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 and demolition (C&D)
materials management plan (C&DMMP). The
C&DMMP shall describe the arrangements for avoidance, reuse, recovery and
recycling, storage, collection, treatment and disposal of C&D materials to
be generated from the construction of the Project. The C&DMMP shall indicate the disposal location(s) of all surplus excavated spoil
and other wastes. A trip ticket system shall be included in the C&DMMP.
Surplus excavated spoil and other wastes shall only be disposed of at
designated disposal locations unless otherwise approved by the Director.
Before submission to the Director, the C&DMMP
shall be certified by the ET Leader and verified by the IEC as conforming to
the relevant information and recommendations contained in the approved SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012). All measures recommended in the approved C&DMMP shall be fully and properly
implemented.
Submission of Sediment Management Plan
2.12 The
Permit Holder shall, no later than one month before the commencement of
construction works which involves dredging / excavating sediments, submit to
the Director for approval four hard copies and one electronic copy of a
sediment management plan. The
sediment management plan shall include, but not limited to, details of proper treatment
and handling of sediments to be generated from the construction of the Project
before disposal.
Before submission to the Director, the sediment
management plan shall be certified by the ET Leader and verified by the IEC as
conforming to the relevant information and recommendations contained in the approved
SCL(TAW-HUH)
EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012). All measures recommended in the approved sediment management plan shall be fully and
properly implemented.
Submission of Visual,
Landscape, Tree Planting & Tree Protection Plan
2.13 The Permit Holder shall, no later than one
month before the commencement of construction of the Project, submit six hard
copies and one electronic copy of the visual, landscape, tree planting &
tree protection plan to the Director for approval. The plan, with drawings in the
scale of 1:1000 or other appropriate scales as agreed by the Director shall show
the visual, landscape, tree planting & tree protection measures of the
Project, and shall include at least the following information:
(a)
aesthetic landscape and architectural treatment for
above ground structures including stabling sidings at the former Hung Hom Freight Yard, stations,
entrances, ventilation building, ventilation shafts, portals, noise barriers/enclosures
and viaduct section at Hin Heng;
(b)
tree protection proposal showing locations, size, number and plant species of
trees to be retained; and detailed working method statement for protection of retained trees;
(c)
transplantation
proposal showing locations, size, number and tree species to be transplanted and the
final locations for transplantation;
(d)
tree felling proposal showing locations, size,
number and plant species to be felled;
(e)
tree compensation proposal showing locations, size,
number and plant species to be provided or compensated;
(f)
post-planting care proposal showing the proposed
establishment period and associated maintenance care requirements and frequency
of transplanted trees and trees planted as compensation under this Condition; and
(g)
implementation programme, maintenance and management
schedules for measures proposed in (a) to (f) above.
The
proposals under Condition 2.13(b) to (f) shall be prepared by the Certified
Arborist appointed under Condition 2.5. 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012). All
measures recommended in the approved Plan shall be fully and properly
implemented and maintained for the Project.
Submission of
Transplantation Proposal for Plant Species of Conservation Importance
2.14 To mitigate the
ecological impact due to the loss of plant species of conservation importance, Aquilaria
sinensis, the affected plants within the works area shall be transplanted
before the commencement of construction.
A detailed pre-transplantation survey shall be carried out to ascertain
the presence and the locations of plant species, Aquilaria sinensis
wthin the works area. The Permit
Holder shall, no later than two months before commencement of transplanting
works, deposit with the Director four hard copies and one electronic copy of
transplantation proposal. The detailed transplantation proposal shall include
the following information:
(a)
qualification of the specialist(s) to carry out the
transplantation works;
(b)
number, locations and photographs of plants to be
transplanted;
(c)
locations of the receptor sites for transplantation;
(d)
methodology and implementation programme; and
(e)
detailed schedule for post-transplantation
maintenance and monitoring of plants.
Before submission to the Director, the transplantation proposal shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012).
Submission
of Conservation Plan
2.15 The
Permit Holder shall, no later than two months before the commencement of
construction works affecting the two historic buildings, namely Former Royal
Air Force Hangar and the Old Pillbox at the former Tai Hom Village site, submit four hard copies and one electronic
copy of the conservation plan for the said two historic buildings to the
Director for approval. The
conservation plan shall include at least the following information:
(a)
a detailed plan for dismantling and reinstating the
two said historic buildings; and
(b)
implementation programme, maintenance and management
schedules for actions recommended in the plan.
Before
submission to the Director, the conservation plan shall be certified by the ET
Leader and verified by the IEC as conforming to the information and
recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012). All
measures recommended in the approved conservation plan shall be fully and
properly implemented for the Project.
Submission
of Archaeological Action Plan(s) (AAP(s))
2.16 The Permit Holder
shall, no later than two months before the commencement of the further
archaeological investigation at the former Tai Hom
Village site or the Sacred Hill (North) study area, deposit with the Director four
hard copies and one electronic
copy
of Archaeological Action Plan(s) for the sites. The Archaeological Action Plan(s)
shall include:
(a)
a detailed plan for further archaeological
investigation and rescue excavation at the former
(b)
a contingency plan to address possible arrangement
when significant archaeological findings are unearthed during the further
archeological investigation and rescue excavation.
Before submission to the Director, the AAP(s) shall be certified by the
ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012). All
measures recommended in the deposited AAP(s) shall be fully and properly
implemented for the Project.
Submissions or
Measures to be Implemented During Construction of the Project
Measures
for Avoiding Impact on
2.17 To
avoid direct impact on the remains of
Measures
for Mitigating Construction Dust Impact
(a)
watering once every working
hour for active works areas, exposed areas and paved haul roads in Kowloon area
to keep these active works areas, exposed areas and paved haul roads wet;
(b)
watering once every 1.5 working hours for active
works areas, exposed areas and paved haul roads in Tai Wai area to keep these
active works areas, exposed areas and paved haul roads wet; and
(c)
enclosing the unloading process at any barging point
by a 3-sided screen with top tipping hall, and operating water spraying and flexible
dust curtains at the discharge point.
Measures for Mitigating Aerial
Emissions from Construction Plant
2.19 All diesel fuelled
construction plant, including marine vessels if possible, used by the
contractors within the works areas of the Project shall be powered by ultra low
sulphur diesel fuel.
Measures
for Mitigating Water Quality Impact from Dredging Works
2.20 All
dredging works for the Kai Tak Runway Barging Point shall only be carried out
within the site boundary as shown in Figure
7 of this Permit. No extension of the site boundary shall be permitted without the
written approval of the Director.
2.21 Dredging
shall only be carried out by closed grab dredger or backhoe dredger with closed
bucket. The dredging rate shall not
exceed
2.22 Each
closed grab dredger or backhoe dredger with closed bucket or other type of dredger approved by the Director shall be enclosed
by silt curtain during dredging works.
Submission of Contamination Assessment Report and Remedial Action Plan
(SLCA)
2.23 Supplementary land
contamination assessment (SLCA) for the New Territories South Animal Centre in
Hin Keng as shown in Figure 8
of this Permit for soil sampling and analysis of cyanide (free) shall be
carried out after the site is handed over to the Permit Holder. The Permit Holder shall, no later than
one month after the completion of the land contamination investigation, deposit
with the Director three hard copies and one electronic copy of Contamination
Assessment Report (CAR) to document the SLCA findings. If land contamination is
confirmed, the Permit Holder shall also submit to the Director for approval
three hard copies and one electronic copy of Remedial Action Plan (RAP) to formulate
necessary remedial measures. Before
submission to the Director, the CAR and RAP shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012).
Measures
for Mitigating Land Contamination and Submission of Remediation Works Report
2.24 If
land contamination is confirmed, all remedial measures described in the RAP
approved under Condition 2.23 of this Permit shall be fully implemented.
2.25 If
remediation is required, the Permit Holder shall deposit three hard copies and
one electronic copy of Remediation Report (RR) to the Director, no later than
one month after the completion of the remediation works. The RR shall provide details on the remediation
works carried out, types and volume of contaminated soil, standards and levels
of treatment, and locations of all on-site and off-site disposal sites
(including record of disposal). The
RR shall be certified by the ET Leader and verified by the IEC to demonstrate
that Condition 2.24 is fulfilled. No construction works at the New Territories South Animal Centre in Hin Keng shall be carried out prior to the EPD's endorsement of the said RR.
Submissions
and Measures Before and During Operation of the Project
Submissions
and Measures for Mitigating Operational Noise Impacts
2.26 The
Permit Holder shall operate 8-car type SP 1900 / SP 1950 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 SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012). The maximum train frequency operating on the Project from hours 0700 to
2300 shall not exceed 12 trains per 30 minutes in each direction. The maximum train frequency operating on
the Project from hours 2300 to 0700 of the following day shall not exceed 6
trains per 30 minutes in each direction.
2.27 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
hardcopies and one electronic copy of an Operational Ground-borne Noise
Mitigation Measures Plan to justify the adequacy of the operational
ground-borne noise mitigation measures for the Project. The Plan shall include the review and verification of the assumptions
adopted in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012),
such as line source response and ground vibration conditions, and shall also
include justifications and recommendations for any contingency noise mitigation
measures found necessary, including but not limited to :
(a)
resilent baseplates (type 1)
(b)
isolated slab track (type 4)
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 and
recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register
No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).
2.28 The Permit Holder
shall, no later than one month after completion of installation of rail 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 2.27 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 2.27 above has been fully and properly implemented.
2.29 To mitigate the
operational air-borne noise from the viaduct section between Tai Wai Station
and Hin Keng Station and from the operation of the stabling sidings at Hung
Hom, noise mitigation measures as shown in Table 2 and Figures 9a, 9b, 10 and 11 of this Permit shall be
installed.
2.30 The
Permit Holder shall, no later than one month after the completion of
installation of noise mitigation measures as required under Condition 2.29
above, deposit with the Director four hard copies and one electronic copy of a
set of as-built drawings showing:-
(a)
the operational air-borne noise mitigation measures
under Condition 2.29 above; and
(b)
any additional or changes in measures if required.
Before submission to the Director, the as-built drawings for
operational air-borne noise mitigation measures shall be certified by the ET
Leader and verified by the IEC as conforming to the information and
recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012). All
measures recommended in the deposited as-built drawings shall be fully and
properly implemented and maintained for the Project.
2.31 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-borne noise levels
in accordance with the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
and SCL(HHS) EIA Report (Register No. AEIAR-164/2012). 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 SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012). Any necessary measure(s)
as recommended in the Noise Performance Test Report shall be fully and properly
implemented and maintained for the Project.
2.32 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 harcopies and one electronic copy of an audit report showing the design of
the fixed plant noise sources associated with the Project complies with the
maximum sound power levels determined in the approved SCL(TAW-HUH) EIA Report (Register
No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012). The audit report shall also confirm that
noise emitted from the fixed noise sources shall be free of the characteristics
of tonality, impulsiveness 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
SCL(TAW-HUH)
EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012).
Submissions of
As-Built Drawings of Measures for Mitigating Landscape and Visual Impacts
2.33 At least one month
before the Project commences operation, four hard copies and one electronic
copy of as-built drawing(s) on landscape and visual mitigation measures with an
explanatory statement showing the final locations, size, number and species of
planting to demonstrate compliance with the approved submissions under
Condition 2.13 of this Permit shall be deposited with the Director. This as-built submission shall be
certified by the ET Leader and verified by the IEC that the Visual, Landscape
and Tree Planting & Tree Protection Plan approved under Condition 2.13 has
been fully and properly implemented.
Measures for Mitigating Impacts on Water
Quality from Track Run-off
2.34 To
mitigate water quality impact from tunnel run-off from rail track :-
(a)
track drainage discharges shall pass through
oil/grit interceptors/chambers to remove oil, grease and sediment before
discharging into public storm drainage/foul sewerage systems;
(b)
the silt traps and oil interceptors shall be cleaned
and maintained regularly; and
(c)
oily contents of the oil interceptors shall be
transferred to an appropriate disposal facility, or to be collected for reuse,
if possible.
3. Environmental Monitoring and Audit (EM&A)
Requirements
3.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements in the SCL(TAW-HUH) EM&A Manual, SCL(HHS) EM&A Manual and the
Continuous Noise Monitoring Plan approved under Condition 2.10 of this Permit. The Permit Holder shall review the
EM&A requirements or programme based on the submitted construction
programme required under Condition 2.8. 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 as conforming to the requirements set out in the SCL(TAW-HUH) EM&A
Manual, SCL(HHS) EM&A Manual and the Continuous Noise Monitoring Plan
approved under Condition 2.10 of this Permit, and 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 SCL(TAW-HUH) EM&A Manual
and SCL(HHS) 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 SCL(TAW-HUH) EM&A Manual
and SCL(HHS) EM&A Manual in accordance with the time
frame set out in the Event/Action Plans, or as agreed by the Director, in case
where specified criteria in the SCL(TAW-HUH) EM&A Manual and SCL(HHS) EM&A
Manual are exceeded; and
(d)
logging and keeping records
of the 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 the
information for inspection on site.
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 of the Project. The submission shall be certified by the ET
Leader and verified by the IEC. Additional copies of the submission shall
be provided upon request by the Director.
3.4 Four hard copies and one electronic 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 non-compliance
(exceedances) of the environmental quality performance limits (Action and Limit
Levels). The submissions shall be certified by the ET Leader and verified
by the IEC as complying with the requirements set out in the SCL(TAW-HUH) EM&A
Manual, SCL(HHS) EM&A Manual. Additional copies of
the submission shall be provided to the Director upon request by the Director.
3.5 All EM&A data 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 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
hard copies as described in Condition 3.3 and 3.4 above 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 website and notify the Director in writing the internet address where
the environmental monitoring data and project information is to be placed
within 1 month after the commencement of construction of the Project. All
environmental monitoring data described in Condition 4.1 of this Permit and all
submissions required by this Permit shall made available to the public via this
dedicated website 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 period of operation of
the Project, or otherwise as agreed by the Director.
4.3 The internet website as described in Condition 4.2 of
this Permit shall enable user-friendly public access to the environmental
monitoring data and project information including the approved SCL(TAW-HUH) EIA
Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No.
AEIAR-164/2012), 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 of this Project collected since the
commencement of construction;
(b)
providing
access to all finalized submissions as required under this Permit;
(c)
searching
by date;
(d)
searching
by types of monitoring data (water quality, noise and air quality); and
(e)
hyperlinking
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 (Descriptions 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
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 site.
6. If this Permit is
cancelled or surrendered during construction 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 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-438/2012/C
環境許可證編號EP-438/2012/C
| Figure
1 |
[ Back to First Page ] / [ Back to Main
Index ]
Table 1 - List of noise sensitive receivers (NSRs) with predicted residual air-borne
construction noise impacts exceeding noise criteria as listed in Table 1B of
EIAO-TM (to be read in conjunction with Condition 2.9 of this
Permit)
(Extracted from
Table 8.15 of the SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)
|
NSR ID |
NSR Description |
Uses[1] |
Criterion [2] dB(A) |
Predicted Maximum Noise
Level dB(A) |
Predicted Residual Noise
Impact dB(A) |
|
TAW-6-7 |
|
E |
70 (65)
[2] |
68(67) |
0 (2) [3] |
|
DIH-9-1 |
Shek On
Building |
E + W |
70 (65)
[2] |
70 (70) |
0(5) [3] |
|
DIH-13-1 |
|
E |
70 (65)
[2] |
67(66) |
0(1) [3] |
|
DIH-14-1 |
|
R |
75 |
77 |
2 |
|
DIH-14-4 |
|
E |
70 (65)
[2] |
69 (68) |
0 (3) [3] |
|
DIH-14-5 |
|
R |
75 |
78 |
3 |
|
TKW-1-1 |
Parc 22 |
R |
75 |
80 |
5 |
|
TKW-2-2 |
|
R |
75 |
76 |
1 |
|
TKW-3-2 |
Prosperity
House |
R |
75 |
80 |
5 |
|
MTW-12-3 |
Lucky Mansion |
R |
75 |
80 |
5 |
|
MTW-12-4 |
352-354 Ma Tau Wai Rd (East Façade) |
R |
75 |
80 |
5 |
|
MTW- |
|
R |
75 |
84 |
9 |
|
MTW-12-10 |
Lucky Building
(South Facade) |
R |
75 |
84 |
9 |
|
MTW- |
Lucky Building
(East Facade) |
R |
75 |
80 |
5 |
|
MTW-12-11 |
|
R |
75 |
82 |
7 |
|
MTW-16-1 |
|
E |
70 (65)
[2] |
79 (79) |
9(14) [3] |
|
MTW-18-2 |
|
R |
75 |
81 |
6 |
|
HOM-2-1-A |
Faerie Court
(East Facade) |
R |
75 |
78 |
3 |
|
HUH-1-3 |
|
R |
75 |
77 |
2 |
Notes:
[1] R- Residential; E – Educational institution; W-Worship
[2] Values in parentheses
indicate the noise criterion during examination period (typical
examination period in May, June, November and December)
of educational institution.
[3] Residual
impact is only expected during the examination period (typical examination
period in May, June, November and December)
of the educational institution.
Table 2 – Details
of requirements on noise barriers/enclosures (to be read in conjunction with
Condition 2.29 and Figures 9a 9b, 10 and 11 attached to this Permit)
|
Location |
Track Direction |
Type of noise
Mitigation Measures |
Length (m) |
Height (m) |
|
Hin Keng |
||||
|
P1 as shown on Figures 9a and 9b of this Permit |
Up track |
Noise barrier |
350 |
2 |
|
P2 as shown on Figures 9a and 9b of this Permit |
Up track |
Noise barrier |
100 |
2 |
|
P3 as shown on Figures 9a and 9b of this Permit |
Down track |
Noise barrier |
150 |
3 |
|
P4 as shown on Figures 9a and 9b of this Permit |
Tail track |
Noise barrier |
300 |
7 |
|
P5 as shown on Figures 9a and 9b of this Permit |
Up track |
Noise barrier |
50 |
3 |
|
South-west of
TAW near |
N/A |
Noise cover |
15 |
N/A |
|
Hung Hum |
||||
|
P1 as shown in Figure 11 of this Permit |
N/A |
Semi-enclosure |
N/A |
7 |
|
P2 as shown in Figure 11 of this Permit |
N/A |
Noise barrier |
35 |
5 |
|
P3 as shown in Figure 11 of this Permit |
N/A |
Noise barrier |
45 |
5 |