Environmental
Permit No. EP-404/2011/A
環境許可證編號EP-404/2011/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 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 EIA Ordinance), the
Director of Environmental Protection (the Director) granted the environmental
permit (No. EP-404/2011) to Civil Engineering and Development Department (hereinafter
referred to as the “Permit Holder”) on
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
The issue of this environmental permit is based on
the documents, approvals or permissions described below:
本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
|
Application No. 申請書編號： |
VEP-414/2013 |
|
Document in the Register: 登記冊上的文件： |
(1) Agreement No. CE 45/2008 (CE)
Liantang / Heung Yuen Wai Boundary Control Point and Associated Works : –
Environmental Impact Assessment Report (December
2010) [Hereinafter referred to as the “EIA Report”] –
Environmental Monitoring and Audit
Manual (December 2010) [Hereinafter referred to as the “EM&A Manual”] –
Environmental Impact Assessment
Executive Summary (December 2010) [Hereinafter referred to as the “EIA
Executive Summary”] (Register No. AEIAR-161/2011) (1) 合約編號：CE 45/2008 (CE) 蓮塘/香園圍口岸與相關工程： –
環境影響評估報告 (2010年12月) [下稱 「環評報告」] –
環境監察及審核手冊 (2010年12月) [下稱「環評摘要」] – 環境影響評估行政摘要 (2010年12月) [下稱「環監手冊」] (登記冊編號 : AEIAR-161/2011) (2) The Director’s letter of approval of
the EIA Report dated 24 March 2011, ref.: (60) in Ax(1) to EP 2/N7/A/52 Part
6. (2) 署長於 (3) Application for Environmental Permit
submitted on 25 October 2010 (Application No. AEP-404/2010) (3) 於 (4) Environmental Permit issued on 24
March 2011 (Permit No. EP-404/2011/). (4) 於 (5) Application for Variation of Environmental
Permit including all attachments submitted by the Permit Holder on 8 October
2013 (Application No. VEP-414/2013). (5) 許可證持有人於 |
|
Application
No. 申請書編號 |
Date
of Application 申請日期 |
List
of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
|
VEP No. 414/2013 |
8 October 2013 |
Addition
of Figure 新增圖 |
|
28
October 2013
Date 日期 |
|
(Maurice
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) |
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the
designated project mentioned in Part A of this
environmental permit
(hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”) A部所提述的指定工程項目的說明:
|
Title of Designated Project 指定工程項目的名稱 |
Liantang / Heung Yuen Wai Boundary
Control Point and Associated Works 蓮塘/香園圍口岸與相關工程 [This designated project is hereinafter
referred to as “the Project”] [本指定工程項目下稱 “工程項目”] |
|
Nature of Designated
Project |
(i)
Construction of a new road which is a
trunk road (i)
興建屬幹道的新道路 (ii)
Reuse of treated sewage effluent from a
treatment plant (ii)
從處理廠流出並經處理的污水進行再使用 |
|
Location of Designated
Project 指定工程項目的地點 |
The overall view
of alignment and works sites of the Project
including the additional off-site works areas are shown in Figure 1 and 1a attached to this Permit. 工程項目的走綫及工地包括工程項目範圍外的附加工地示意圖見載於本許可證夾附的 圖1及1a。 |
|
Scale and Scope of
Designated Project 指定工程項目的規模和範圍 |
The Project mainly consists of the
followings:- 工程項目主要範圍包括以下各項：－ (i)
construction of a dual two-lane trunk
road of (i)
建築一條11公里長的雙程雙線分隔主幹路； (ii)
on-site sewage treatment facility and
effluent reuse; (ii)
污水處理設施及重用巳處理的污水； (iii)
site formation for construction of a
Boundary Control Point (BCP) building in the area of (iii)
平整土地，以在竹園村範圍興建口岸大樓； (iv)
associated drainage facilities
discharging into the (iv)
為口岸而設、及排放至深圳河的排水系統； (v)
cargo processing facilities; (v)
貨物處理設施； (vi)
passenger related facilities; (vi)
與旅客有關的設施； (vii)
accommodation for and facilities of the
Government departments; (vii)
有關服務的政府部門的辦公室地方和設施； (viii)
provision of transport related
facilities inside the BCP; (viii)
在口岸設置相關的運輸設施； (ix)
other peripheral structures and
supporting facilities; (ix)
其他周邊建設和輔助設施； (x)
associated diversion / modification
works at (x)
在蓮麻坑路進行相關的交通改道/修建工程；以及 (xi)
associated environmental mitigation
measures. (xi)
相關的環境緩解措施。 |
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 under the
Ordinance.
1.2 Permit
Holder shall ensure full compliance with all legislation from time to time in
force including but without limitation to the Noise Control Ordinance (Cap.
400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea
Ordinance (Cap. 466). This Permit
does not of itself constitute any ground of defence against any proceedings
instituted under any legislation or imply any approval under any legislation.
1.3 The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit or the documents referred to in Part A of the Permit readily
available at all times for inspection by the Director or his authorised
officers at all sites/offices covered by this Permit. Any reference to the Permit shall
include all documents referred to in the Permit and also the relevant documents
in the Register.
1.4 The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site(s) refers to site(s) of
construction and operation of the Project and shall mean the same hereafter.
1.5 The
Permit Holder shall display conspicuously a copy of this Permit on the Project
site(s) at all vehicular 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 (Register No.: AEIAR-161/2011), the application documents
including all attachments for Environmental Permit (Application No.
AEP-404/2011), the application documents including
all attachments for variation of Environmental Permit, 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 2.3 of this Permit below, before submitting to the Director
under this Permit.
1.10 The
Permit Holder shall release all finalised submissions as required under this
Permit, to the public by depositing copies in the Environmental Impact
Assessment Ordinance Register Office, or in any other places, or any Internet
websites as specified by the Director, or by any means as specified by the
Director, for public inspection. For this purpose, the Permit Holder shall
provide sufficient copies of the submissions.
1.11 All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy
Road, Wanchai, Hong Kong). Electronic copies of all finalised submissions
required under this Permit shall be prepared in Hyper Text Markup Language
(HTML) (version 4.0 or later) and in Portable Document Format (PDF) (version
1.3 or later), unless otherwise agreed by the Director and shall be submitted
at the same time as the hardcopies.
1.12 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one month prior to the commencement
of construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
1.13 For
the purpose of this Permit, “commencement of construction” does not include
works related to site clearance and preparation, or other works as agreed by
the Director.
2 Submissions
or Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A)
Personnel
2.1 An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of construction of the Project. The ET shall
not be in any way an associated body of the 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.
2.2 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.
2.3 An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before commencement of construction of the Project. The
IEC shall not be in any way an associated body of the Contractor or the ET for
the Project. The IEC shall be a person who has at least 7 years of experience
in EM&A or environmental management.
2.4 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 2.2 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/or 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.
2.5 All
documents to be submitted or deposited as required under this Permit shall be
certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations set out in the EIA Report.
2.6 The
Permit Holder shall, no later than one month 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.
Submissions
of Project Layout Plans
2.7 The
Permit Holder shall, no later than one month before the commencement of
construction of the Project, deposit with the Director 3 sets of layout plan(s)
of scale 1:1000 with an explanatory statement detailing the works schedule, works
boundary, the works areas and the tunnel alignment of the Project. The plan(s)
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the EIA Report.
Submission
of a Vegetation Survey Report
2.8 The
Permit Holder shall, no later than three months before commencement of
construction of the Project, deposit with the Director 3 sets of Vegetation
Surveys Report. The submission shall provide the results of a detailed
vegetation survey for the purpose of :
(a)
confirming the conditions of individual
flora species of conservation importance identified in the EIA Report and
during the course of the survey, including Euonymus
kwangtungensis and Aquilaria sinensis;
(b)
preparing an updated location plan
showing the individual species of conservation importance
and identifying the individuals which will be affected by the Project;
(c)
identifying suitable treatment for the identified
individual species of conservation importance and reception site(s) for
transplantation; and
(d)
recommending an implementation programme
for in-situ preservation of the identified species of conservation importance
and transplantation of the affected species.
Before submission to the Director, the report shall be certified by the
ET Leader and verified by the IEC.
Submission
of an updated Woodland Compensation Plan
2.9 The
Permit Holder shall update the Woodland Compensation Plan (WCP) in the EIA
Report based on the Vegetation Survey Report referred to in Condition 2.8 of
this Permit and, no later than three months before commencement of construction
of the Project, submit 3 sets of updated Woodland Compensation Plan to the
Director for approval. The submission shall set out the planting strategy
including details of plantation species, specifications for the establishment
of the habitats and subsequent maintenance and monitoring requirements for the
Woodland Compensation Area of an area not less than 18.6 hectares shown in Figure
Submission
of a Habitat Creation and Management Plan
2.10 The
Permit Holder shall, no later than three months before commencement of
construction of the Project, submit to the Director for approval 3 sets of
Habitat Creation and Management Plan (HCMP) for the Wetland Compensation Area
of an area not less than 1.4 hectares shown in Figure 2b of this Permit. The
submission shall take into account the recommendations of the EIA Report to set
out details of the specifications for the habitats and ecological functions and
to define the management and ecological monitoring and audit requirements of
the Wetland Compensation Area. Before submission to the Director, the HCMP
shall be certified by the ET Leader and verified by the IEC as confirming to
the information and recommendations contained in the approved EIA Report.
Submission
of Landscape Plan
2.11 The Permit Holder
shall, no later than one month before commencement of construction of the Project, submit 3 sets of
Landscape Plan to the Director for approval. The landscape plan shall include
considerations for minimizing habitat fragmentation and show the locations,
size, number and species of planting, design details, implementation programme,
maintenance and management schedules, and drawings in the scale of 1:1000 or
other appropriate scale showing the landscape and visual mitigation measures of
the Project, in particular the landscape and compensatory planting,
construction hoarding, noise barriers and buildings. Before submission to the
Director, the landscape plan shall be certified by the ET Leader and verified
by the IEC as confirming to the information and recommendations contained in
the approved EIA Report.
Submission
of Topsoil Management Plan
2.12 The Permit Holder
shall, no later than three months before commencement of construction of the Project, submit to the Director
for approval 3 sets of Topsoil Management Plan. The submission shall set out
guidelines and implementation programme for maximizing the reuse of the
excavated topsoil arising from Project. Before submission to the Director, the
landscape plan shall be certified by the ET Leader and verified by the IEC as
confirming to the information and recommendations contained in the approved EIA
Report.
Submission
of Environmental Monitoring and Audit Programme
2.13 The Permit Holder
shall, no later than three months before commencement of construction of the Project, submit 3 copies of
Environmental Monitoring and Audit (EM&A) Programme to the Director for
approval. The programme shall set out detailed requirements on baseline
monitoring, impact monitoring and compliance monitoring during construction and
operation of the Project. The programme shall include a monitoring and response
mechanism for handling exceedances of environmental standards during the
construction phase in collaboration with relevant parties of other concurrent
projects in the vicinity. Before submission to the Director, the EM&A
Programme shall be certified by the ET Leader and verified by the IEC as
confirming to the information and recommendations contained in the approved EIA
Report.
Measures
for Mitigating Cultural Heritage Impact
2.14 After
resumption of private lands and before the commencement of construction works
for the project, the following archaeological surveys shall be conducted and
the Permit Holder shall submit 3 copies of report on the findings of the
archaeological surveys and further mitigation measure requirements to the
Director for approval. Before submission to the Director, the EM&A
Programme shall be certified by the ET Leader and verified by the IEC as confirming
to the information and recommendations contained in the approved EIA Report.
The survey shall include the following:
(i) additional test pits and auger holes along the section of the project between Lin Ma Hang and Frontier Closed Area Boundary; and
(ii) a survey-cum-rescue excavation along the section of the project between Ping Yeung and Wo Keng Shan.
2.15 The
further mitigation measures described in the report approved under Condition
2.14 of this Permit shall be fully implemented.
2.16 The
Permit Holder shall conduct photographic and cartographic records of the
directly impacted graves (GR01, GR02, GR05, GR06, GR08, GR10, GR13, GR15, GR16,
GR17, GR18, GR19 and GR20), built structure (BS64 and BS65) and
cultural/historical landscape feature (LF08) as listed in Table 1 of
this Permit, prior to their removal to preserve them by record.
3. Submissions
or Measures for the Construction of the Project
Works areas of the Project
3.1 To avoid environmental impacts to nearby
area of the Project as indicated in Figure
1 and 1a of this Permit,
all activities which is related to or arises as a result of construction of the
Project shall be within the works boundary and the works areas as indicated in
the layout plan(s) deposited under Condition 2.7 of this Permit. No extension
of the works boundary and works areas shall be permitted without the written
approval of the Director.
Submission
of Waste Management Plan
3.2 The Permit Holder shall, within
one month after the commencement of construction of the Project, submit to the
Director 3 sets of Waste Management Plan (WMP) for approval. Before submission to the Director,
the EM&A Programme shall be certified by the ET Leader and verified by the
IEC as confirming to the information and recommendations contained in the
approved EIA Report. The WMP shall describe the arrangements for avoidance,
reuse, recovery and recycling, storage, collection, treatment including
dewatering of spoil and disposal of different categories of waste to be
generated from the construction activities and shall indicate the disposal
locations(s) of all surplus excavated spoil and other waste. A trip ticket
system shall be included in the WMP.
Measures
on Waste Management
3.3 All
measures recommended in the WMP approved under Condition 3.2 of this Permit
shall be fully implemented. Surplus excavated spoil and other waste shall only
be disposed of at designated public filling areas unless otherwise approved by
the Director.
3.4 After
resumption of private lands, site inspection shall be carried out to ascertain
contaminative sources and hotspots of contamination. The Permit Holder shall
carry out further site investigation regarding potential land contamination in
accordance with the EIA Report and submit to the Director for approval 3 sets
of revised Contamination Assessment Plan (CAP) with sampling and testing
schedule updated based on latest site investigations. If contamination is
identified, the Permit Holder shall submit to the Director 3 sets of
Remediation Assessment Plan (RAP) for approval. Before submission to the
Director, the CAP shall be certified by the ET Leader and verified by the IEC
as confirming to the information and recommendations contained in the approved
EIA Report. No work on the identified potentially contaminated sites shall be
carried out unless and until the CAP and RAP submitted under this condition are
approved by the Director and RAP is fully implemented.
Measures for Mitigate Road Traffic Noise
3.5 To
mitigate traffic noise, the noise barrier described in Table 2 of this
Permit shall be installed at locations shown in Figure
Measures for Mitigating Ecological Impact
3.6 All measures recommended in the Vegetation Survey Report, updated Woodland Compensation Plan and the Habitat Creation and Management Plan approved under Condition 2.8, 2.9 and 2.10 of this Permit respectively shall be fully implemented and thereafter maintained.
3.7 To
reduce collisions from birds, the design of noise barriers shall avoid/minimize
the use of transparent / reflective materials or adopt bird-friendly design on
such surfaces.
Measures
for Mitigating Landscape, Visual and Glare Impact
3.8 All
measures recommended in the Landscape Plan approved under Condition 2.11 of
this Permit shall be fully implemented and maintained.
3.9 Outdoor
lighting for the Project shall be designed to reduce glare impact on nearby
dwellings. For this purpose, light housing with full-cut-off designs which
reflect light totally downward and better design of light shielding are
examples that can be considered.
Measures for Mitigating
Water Quality Impacts from Tunnel Water Inflow and Groundwater Drawdown
3.10 For
tunnel construction, grout injection works shall be conducted before blasting
for sealing areas around the tunnel to control potential groundwater inflows.
On-site treatment for the groundwater ingress pumped out shall be provided to
remove any contamination by grouting materials before discharge off-site.
Measures for Mitigating
Operational Odour and Water Quality Impacts Generated from the Sewage Treatment
Works
3.11 The
sewage treatment plant installed for the Project shall be installed at the location
shown in Figure 3 of this
Permit and the plant shall be designed with the following odour containment and
control measures :
(i) Negative Pressure Ventilation
The treatment plant shall be totally enclosed with negative pressure ventilation to avoid odorous emission from the treatment works. The tanks will be connected to deodorisation facilities designed for a minimum removal of 95% directly to eliminate odour problem.
(ii) Total Containment of Sewage Channels
(a) air-tight cover shall be installed to sewage channels, sewage tanks, and equipment with potential odour emission and the trapped gases shall be collected by air handling equipment for containing and directing odorous gases to deodorisation facilities.
(b) Gravity sewer, equalization and sludge holding tanks shall be designed with suitable sewer distance and retention time to prevent sewage septicity.
(iii) Deodorisation
Deodorisation facilities at the sewage treatment plant shall be designed with a minimum odour removal efficiency of 95%.
3.12 The
air intake point of Boundary Control Point Building shall be located at least
4. Measures During Operation of the Project
Long Term Management of the Ecological Mitigation Measures
4.1 The Permit Holder shall ensure the ecological mitigation measures stated in the Woodland Compensation Plan and Habitat Creation and Management Plan are properly implemented, maintained and monitored during the entire period of the life of the Project.
5. Environmental
Monitoring and Audit (EM&A) Requirements
5.1 The
Permit Holder shall implement the EM&A programme in accordance with the
procedures and requirements as set out in the EM&A Manual. Any changes to
the 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
before submission to the Director for approval.
5.2 Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A Manual by:
(i)
conducting
baseline environmental monitoring;
(ii)
conducting
impact monitoring;
(iii)
carrying
out remedial actions described in Event/Action Plans of the EM&A Manual in
accordance with the time frames set out in Event/Action Plans, or as agreed by
the Director, in case where specified criteria in the EM&A Manual are
exceeded; and
(iv)
logging
and keeping records of details of (a) to (c) above for all parameters within 3
working days of 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 The
Permit Holder shall deposit with the Director six hard copies and one
electronic copy of the Baseline Monitoring Report at least one month before commencement
of construction of the Project. Additional copies of the submission shall be
made available to the Director upon his request.
5.4 The
Permit Holder shall deposit with the Director six hard copies and one
electronic copy of monthly EM&A Report 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). A summary and progress update of the Project
Implementation Schedule (Table 15.1 of the EIA Report) shall also be included
in each EM&A Report. Additional copies of the submission shall be provided
to the Director upon request by the Director.
5.5 The
Permit Holder shall, no later than three months after the commencement of
operation of the Project, deposit with the Director an Environmental Monitoring
and Audit report on the implementation of the mitigation measures for operation
stage of the Project in accordance with the EIA Report and the submissions
required under of this Permit.
6. Electronic
Reporting of EM&A Information
6.1 To
facilitate public inspection of the documents to be submitted or deposited as
required under this Permit, the Baseline Monitoring Report and EM&A Reports
via the EIAO Internet Website and at the EIAO Register Office, the Permit
Holder shall prepare electronic copies of these documents and Reports in Hyper
Text Markup Language (HTML) (version 4.0 or later) and in Portable Document
Format (PDF) (version 1.3 or later) or other format agreed by the Director, and
shall submit the electronic copies at the same time as the hardcopies. For the
HTML version, a content page capable of providing hyperlink to each section and
sub-section of these documents and Reports shall be included in the beginning
of the document. Hyperlinks to all figures, drawings and tables in these
documents and Reports shall be provided in the main text from where the
respective references are made. All graphics in these documents and Reports
shall be in interlaced GIF format unless otherwise agreed by the Director. The
content of the electronic copies of these documents and Reports must be the
same as the hardcopies.
6.2 The
Permit Holder shall set up a dedicated Internet website and notify the Director
in writing the Internet address where the environmental monitoring and project
data are to be placed, within six weeks after the commencement of construction
of the Project. All environmental monitoring data described in Condition 6.1 of
this Permit above shall be made available to the public via a dedicated
Internet website 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 are collected or become available, unless otherwise agreed with the
Director.
6.3 The
Internet website as described in Condition 6.2 of this Permit above shall
enable user-friendly public access to the monitoring and project data including
the EIA Report, the environmental permit(s) and the project profile of the
Project. Unless otherwise agreed with the Director, the Internet website shall
have features capable of:
(i)
providing
access to all environmental monitoring data collected since the commencement of
works;
(ii)
searching
by date;
(iii) searching by types of monitoring data (noise,
water and air quality); and hyperlinks to relevant monitoring data after
searching.
Notes:
1.
This Permit consists of three parts, namely, PART A (Main Permit), PART B
(Description of Designated Project) and PART C (Permit
Conditions).
Any person relying on this permit should obtain independent legal advice
on the legal implications under the Ordinance, and the following notes are for
general information only.
2.
If there is a breach of any conditions of
this Permit, the Director or his authorized officer may, with the consent of
the Secretary for the Environment, order the cessation of associated work until
the remedial action is taken in respect of the resultant environmental damage,
and in that case the Permit Holder shall not carry out any associated works
without the permission of the Director or his authorized officer.
3.
The Permit Holder may apply under Section 13
of the Ordinance to the Director for a variation of the conditions of this
Permit. The Permit Holder shall replace the original permit displayed on the
Project site(s) by the amended permit.
4.
A person who assumes the responsibility for
the whole or a part of the designated project may, before the person assumes
responsibility of the designated project, apply under Section 12 of the
Ordinance to the Director for a further environmental permit.
5.
Under Section 14 of the Ordinance, the
Director may with the consent of the Secretary for the Environment, suspend,
vary or cancel this Permit. The suspended, varied or cancelled Permit shall be
removed from display at the Project site(s).
6.
If this Permit is cancelled or surrendered
during construction or operation of the Project, another environmental permit
must be obtained under the Ordinance before the Project could be continued. It
is an offence under section 26(1) of the Ordinance to construct or operate a
designated project listed in Part I of schedule 2 of the Ordinance without a
valid environmental permit.
7.
Any person who constructs or operates the
Project contrary to the conditions in the Permit, and is convicted of an
offence under the Ordinance, is liable: -
1.
on a first
conviction on indictment to a fine of $ 2 million and to imprisonment for 6
months;
2.
on a second or
subsequent conviction on indictment to a fine of $ 5 million and to
imprisonment for 2 years;
3.
on a first
summary conviction to a fine at level 6 and to imprisonment for 6 months;
4.
on a second or
subsequent summary conviction to a fine of $1 million and to imprisonment for 1
year; and
5.
in any case
where the offence is of a continuing nature, the court or magistrate may impose
a fine of $ 10,000 for each day on which he is satisfied the offence continued.
8.
The Permit Holder may appeal against any
condition of this Permit under Section 17 of the Ordinance within 30 days of
receipt of this Permit.
9.
The Notes are for general reference only and
that the Permit Holder should refer to the EIA Ordinance for details and seek
independent legal advice.
Environmental Permit No. EP-404/2011/A
| Figure 1 | Figure
Figure 7a | Figure 7b | Figure 7c | Figure 7d | Figure 7e |
[ Back to First Page ] / [ Back to Main Index ]
Table 1 Location of Grave, Well
and Village House for Photographic Record
|
Site Code |
Site Name |
Location |
|
GR01 |
Group of Law Clan Graves (4 Nos.) |
Current location of |
|
GR02 |
Group of Tang Clan Graves (5 Nos.) |
Current location of |
|
GR05 |
Fu Grave |
Within the drainage diversion works boundary of the Project (Section between Lin Ma Hang and Frontier Closed Area Boundary) |
|
GR06 |
Yiu Grave |
Within the works boundary of the Project (Section between Lin Ma Hang and Frontier Closed Area Boundary) |
|
GR08 |
Chan Grave |
Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
GR10 |
Tsui Grave |
Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
GR13 |
Yim Grave |
Within the works boundary (blasting impact area for Portal 1 of the South Tunnel) of the Project (Fanling Section) |
|
GR15 |
Chan Grave |
Within the works boundary of the Project (Fanling Section) |
|
GR16 |
Ho Grave |
Within the works boundary of the Project (Fanling Section) |
|
GR17 |
Cheung Grave |
Within the works boundary of the Project (Fanling Section) |
|
GR18 |
Yip Grave |
Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
GR19 |
Law Grave |
Current location of |
|
GR20 |
Lam Grave |
Within the works boundary of the Project (Cheung Shan Tunnel Section (North Tunnel)) |
|
BS64 |
Village Houses, Ha Wo |
Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
BS65 |
Village Houses, Ha Wo |
Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan) |
|
LF08 |
Well |
Former Chuk Yuen village |
Table 2 Location, Type and
Dimension of Noise Barrier
|
Location |
Chainage |
Type
of Noise Mitigation Measures |
*Height |
Length,
m |
Figure |
|
Ping Yeung |
9040 – 9085 ( |
Vertical Barrier |
|
85 |
4b |
|
Nga Yiu Ha |
166 (Access Road to Ping Yeung ) – 450 (Slip Road – North Bound) |
Vertical Barrier |
|
152 |
|
|
Wo Keng Shan |
8585 – 8500 ( |
Vertical Barrier |
|
85 |
|
|
|
8500 – 8355 ( |
Vertical Barrier |
|
145 |
|
|
|
8180 – 8290 ( |
Vertical Barrier |
|
110 |
5b |
|
Loi Tung |
6488 – 6855 ( |
Vertical Barrier |
|
367 |
6b |
|
|
6800 – 6855 ( |
Vertical Barrier |
|
55 |
|
|
|
360 ( |
Vertical Barrier |
|
108 |
|
|
|
195 ( |
Vertical Barrier |
|
182 |
6b |
|
|
40 ( |
Vertical Barrier |
|
120 |
6d |
|
Tong Hang |
1640 – 1713 ( |
Vertical Barrier |
|
73 |
|
|
|
1589 – 1621 ( |
Vertical Barrier |
|
32 |
|
|
|
0 – 100 ( |
Vertical Barrier |
|
100 |
7d |
|
|
285 – 330 (Access to |
Vertical Barrier |
|
45 |
7e |
|
Wo Hop Shek |
185 – 430 (Fanling Highway South Bound connecting Link Road 2) |
Vertical Barrier |
|
245 |
|
|
|
543 – 662 ( |
Vertical Barrier |
|
119 |
7b |
|
|
662 - 700 ( |
Vertical Barrier |
|
38 |
|
|
|
815 – 856 ( |
Vertical Barrier |
|
41 |
|
|
|
276 – 336 ( |
Vertical Barrier |
|
60 |
|
|
|
274 – 175 ( |
Vertical Barrier |
|
99 |
|
Notes: (*)
The parapet wall is