Environmental Permit No. EP-249/2006/C
環境許可證編號 EP-249/2006/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13
環境影響評估條例
(第499章)
第10及13條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section
10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of
Environmental Protection (the Director) grants the Environmental Permit (EP-249/2006)
to the
Ocean Park Corporation (hereinafter referred to as the "Permit
Holder")
on 28 July 2006. Pursuant to
Section 13 of the EIAO, the Director amends the Environmental Permit
(EP-249/2006/B) based on the Application No. VEP-421/2013. The amendments, described below, are
incorporated into this Environmental Permit (EP-249/2006/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》（條例）第10及13條的規定，環境保護署署長（署長）於 2006 年 7月 28日將環境許可證 (編號EP-249/2006)
批予海洋公園公司 (下稱 “許可證持有人”）。根據條例第13條的規定，署長因應更改環境許可證的申請編號VEP-421/2013修訂環境許可證編號EP-249/2006/B。以下修訂已包含在本環境許可證內(EP-249/2006/C)
。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程項目，但須遵守C部所列明的條件。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：
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Application No. 申請書編號 |
VEP-421/2013 |
|
Document in the Register : 登記冊上的文件: |
1. Repositioning and Long Term Operation Plan of - Environmental Impact Assessment Report - Environmental Monitoring and Audit Manual - Executive Summary Hereinafter
referred to as the “EIA Report” (Register No.: AEIAR-101/2006) 海洋公園之重新定位及長遠營運計劃 -
環境影響評估報告 -
環境監察與審核手冊 -
行政摘要
下稱“環評報告”（登記冊編號AEIAR-101/2006） |
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2.
The Director’s
letter of approval of the EIA Report dated 12 July 2006 referenced (43)
in EP2/H16/O/
環境保護署署長於二○○六年七月十二日發出批准環評報告的信件檔案編號 (43) in EP2/H16/O/ |
|
Application No. 申請書編號 |
VEP-421/2013 |
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3. Application for Environmental Permit received on 7
April 2006 (Application No.: AEP-249/2006) 許可證持有人於 |
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4.
Environmental
Permit issued on 28 July 2006 (Permit No. EP-249/2006) 已簽發的環境許可證 - 許可證編號 : EP-249/2006於 |
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5.
Application
documents for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 25 September 2006 (Application No.
VEP-223/2006) 許可證持有人於 |
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6.
Environmental
Permit issued on 23 October 2006 (Permit No. EP-249/2006/A) 已簽發的環境許可證 - 許可證編號 : EP-249/2006/A
於 2006年10 月23日簽發 |
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7.
Application
documents for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 15 October 2010 (Application No. VEP-326/2010)
許可證持有人於 |
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8.
Environmental
Permit issued on 3 November 2010 (Permit No. EP-249/2006/B) 已簽發的環境許可證 - 許可證編號 : EP-249/2006/B
於 2010年11 月3日簽發 |
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9.
Application
documents for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 8 November 2013 (Application No. VEP-421/2013)
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 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-223/2006 |
25 September 2006 |
Add a new condition before Condition 在環境許可證編號 EP-249/ Vary Condition 更改環境許可證編號
EP-249/2006 C部第2.18項的條件。 該項更改的條件重新編號為環境許可證編號 EP-249/2006/A C 部第2.19項條件。 Amend Figure
5. 更改圖 5。 Renumber Conditions 2.19 to 把 環 境 許 可 證 編 號
EP-249/2006, C部
的 第 2.19 至 2.25項 條 件 重 新 編 號 為 環 境 許 可 證 編 號 EP-249/2006/A, C部 的 第 2.20至2.26 項 條 件。 |
23 October 2006 |
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VEP-326/2010 |
15 October 2010 |
Vary the Conditions 1.7 and 更改環境許可證編號 EP-249/ Add new conditions numbered as
Condition 2.27 to 在環境許可證編號 EP-249/2006/B 的C部加入新的條件。新的條件編號為第2.27 至2.31項。 Amend Figure 8. 更改圖 8。 |
3 November 2010 |
|
VEP-421/2013 |
8 November 2013 |
Vary the Condition 更改環境許可證編號 EP-249/2006/B C部第2.19項的條件及在環境許可證編號 EP-249/2006/C加入新的條件第2.18(d)項。 Vary Figure 6 更改圖6。 Add Table 1 附加表1。 |
2
December 2013 |
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2 December 2013 |
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Date 日期 |
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(Ken
Y. K. WONG) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光代 行) |
PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated project mentioned in Part A
of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title
of Designated Project 指定工程項目的名稱
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Repositioning and Long Term Operation Plan of (This designated project is hereafter referred to as “the Project”) 海洋公園之重新定位及長遠營運計劃(本指定工程項目下稱“工程項目”) |
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Nature
of Designated Project 指定工程項目的性質 |
The Project will involve a theme park with a
site area of more than 此工程項目會涉及場地面積超過 |
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Location
of Designated Project 指定工程項目的地點
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Existing site of 香港仔海洋公園的現址及南塱山。 The location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。 |
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Scale and Scope of Designated Project |
Expansion of the
existing 擴建現有的海洋公園及重建/ 改建其現有設施。 |
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 Air Pollution Control Ordinance (Cap.
311), Water Pollution Control Ordinance (Cap. 358), Noise Control Ordinance
(Cap. 400), Waste Disposal Ordinance (Cap. 354),
Dangerous Goods Ordinance (Cap. 295), Antiquities and Monuments Ordinance (Cap.
53) and Entertainment Special Effects
Ordinance (Cap. 560). This Permit does not of itself constitute any ground of defense against any proceedings instituted
under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall
make copies of this Permit together with all documents referred to in this
Permit and the documents referred to in Part A of the
Permit readily available at all times for inspection by the Director or his
authorized officers at all sites/offices covered by this Permit. Any reference
to the Permit shall include all documents referred to in the Permit and also
the relevant documents in the Register.
1.4 The Permit Holder shall
give a copy of this Permit to the person(s) in charge of the site(s) and ensure
that such person(s) fully understands all conditions and all requirements
incorporated by the Permit. 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/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 construction site(s).
1.6 The Permit Holder shall
construct and operate the Project in accordance with the project description 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 approved EIA Report
(Register No. AEIAR-101/2006), the application documents
for environmental permits, other relevant documents in the Register; and the
information and 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 specified by the Director.
1.9 All submissions approved by
the Director, all submissions deposited without comments by the Director, or
all submissions rectified in accordance with comments by the Director under
this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall
be approved by the Director in writing or as prescribed in the relevant permit
conditions. Any non-compliance with the submissions may constitute a
contravention of the Environmental Impact Assessment Ordinance (Cap.499). All
submissions or any variation of the submissions shall be certified by the
Environmental Team (ET) Leader and verified by the Independent Environmental
Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to
the Director under this Permit.
1.10 The Permit Holder shall release
all finalized submissions, as required under this Permit, to the public by
depositing copies in the Environmental Impact Assessment Ordinance Register
Office, or in any other places, or any internet websites as specified by the
Director, or by any other means as specified by the Director for public
inspection. For this purpose, the Permit Holder shall provide sufficient copies
of the submissions.
1.11 All submissions to the
Director required under this Permit shall be delivered either in person or by
registered mail to the Environmental Impact Assessment Ordinance Register
Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong
Kong). Electronic copies of all finalized submissions required under this
Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or
later) and in Portable Document Format (PDF version 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 2 weeks 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 shall
notify the Director in writing the commencement dates of operation of different phases
of the Project
no later than one month prior to the commencement
of operation of each phase of the Project. The Permit
Holder shall notify the Director in writing immediately if there is any change
of the commencement dates of the operation.
2.
Specific Conditions
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An ET shall be established
by the Permit Holder no later than 2
weeks before
commencement of construction of the Project. The ET shall not be in any way an
associated body of the Contractor or the 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 requirements as
contained in the EM&A Manual (Register No. AEIAR-101/2006) of the Project. In addition,
the ET Leader shall be responsible for certifying the environmental
acceptability of permanent and temporary works, relevant design plans and
submissions under this Permit. The ET Leader shall keep a contemporaneous
log-book of each and every instance or circumstance or change of circumstances
which may affect the environmental impact assessment and each and every
non-compliance with the recommendations of the approved EIA Report (Register
No. AEIAR-101/2006) or this Permit. The ET
Leader shall notify the Independent Environmental Checker (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 approved EIA Report (Register No. AEIAR-101/2006) or 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 2 weeks before commencement of construction of
the Project. The IEC shall not be in any way an associated body of the
Contractor or the ET for the Project. The IEC shall be a person who has at
least 7 years of experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Manual (Register No. AEIAR-101/2006) of the Project and shall
audit the overall EM&A programme, including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
and any other submissions required under this Permit. In addition, the IEC
shall be responsible for verifying the environmental acceptability of permanent
and temporary works, relevant design plans and submissions under this Permit.
The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.
The IEC shall notify the Director by fax, within one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the approved EIA Report (Register
No.AEIAR-101/2006) 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.
2.3 The Permit Holder shall, no
later than two weeks before the commencement of construction of the Project,
inform the Director in writing the management organization of the main
construction companies and/or any form of joint ventures associated with the
construction of the Project. The submitted information shall include at
least an organization chart, names of responsible persons and their contact
details.
2.4
The Permit Holder shall, no later than two weeks before the commencement
of 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 and the relevant
mitigation measures to be implemented.
The construction programme shall be certified by the ET Leader and verified
by the IEC as conforming to the information, requirements and recommendations
set out in the approved EIA report (Register No. AEIAR-101/2006). The
Permit Holder shall inform the Director accordingly in writing in case of any
subsequent changes of items contained in this submitted construction programme.
Construction Stage
Measures for Mitigating Land Contamination
Citybus
Depot (CBD) Site
2.5 Soils
contaminated with Total Petroleum Hydrocarbon (TPH) in excess of the Dutch B
level of 1,000mg/kg within the CBD site (as shown in Figure 2) shall be disposed of at a
Government landfill to be agreed by the Director. The Permit Holder shall, no later than
one month after completion of soil disposal at the landfill, issue a written
notice to the Director to confirm satisfactory completion of such
disposal. The written notice shall
be certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations set out in the approved EIA
Report before issuance. No
construction work shall commence on the CBD site until the written notice is
received by the Director.
2.6 Unless the
Permit Holder follows Condition 2.7 regarding alternative soil remediation
method(s), soils contaminated with heavy metals, containing arsenic and tin
exceeding the Dutch B levels of 30mg/kg and 50mg/kg respectively, within the
CBD site (as shown in Figure 2)
shall be treated by mixing with cement.
At least 1 sample shall be taken from every
2.7 If
alternative remediation method(s) for soils contaminated with heavy metals
is/are to be proposed, the Permit Holder shall:
(a)
no
later than one month before commencement of any soil remediation on the CBD
site, submit a Remediation Action Plan (RAP), with four hard copies and one
electronic copy, to the Director for approval. The RAP shall contain a contamination
plan (in the scale of 1:1000 or other appropriate scale) delineating areas with
different types of contamination and the types of soil remedial treatments
required, based on the information in the Contamination Assessment Plan (CAP),
Contamination Assessment Report (CAR) contained in the approved EIA report, and
any other relevant information to support the proposal. Before submission to the Director, the
RAP shall be certified by the ET Leader and verified by the IEC as conforming
to the information, requirements and recommendations set out in the approved
EIA Report;
(b)
implement
all recommended measures fully and properly in accordance with the approved
RAP. The alternative soil
remediation method(s) shall only be implemented subsequent to the Director’s
approval; and
(c)
no
later than one month after completion of the soil remediation on the CBD site,
issue a written notice to the Director to confirm satisfactory completion of
the soil remediation works. The
written notice shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations set out in the
approved EIA Report and the approved RAP before issuance. No construction work other than those
for the remediation of the site shall commence within the CBD site until the
written notice is received by the Director.
2.8 The Permit
Holder shall, no later than one month after completion of soil remediation on
the CBD site as required under Conditions 2.5, 2.6 and 2.7, whichever
appropriate, deposit with the Director four hard copies and one electronic copy
of as-built remediation plan (in the scale of 1:1000 or other appropriate
scale) showing the locations and types of contamination and soil remedial
treatments carried out. Such a plan
shall be certified by the ET Leader and verified by the IEC to demonstrate that
Conditions 2.5, 2.6 and 2.7, whichever appropriate, are fulfilled; and
2.9
The Permit Holder
shall collect duplicate samples of the treated soil for parallel testing by
another qualified laboratory if requested by the Director.
2.10 Prior to the
commencement of any works within the HKSM site as shown in Figure 2, the Permit Holder shall
deposit with the Director information confirming that land contamination
remediation work within the HKSM site has been completed.
(a)
no later
than one month before commencement of any soil remediation on the HKSM site,
submit a CAR, with four hard copies and one electronic copy, to the Director
for approval. The CAR shall present
findings of land contamination assessment, based on the information
in the CAP contained in the approved EIA report. Before submission to the Director, the
CAR shall be certified by the ET Leader and verified by the IEC as conforming
to the information, requirements and recommendations set out in the approved
EIA report;
(b)
no
later than one month before commencement of any soil remediation on the HKSM site, submit a RAP, with four hard copies and one electronic copy,
to the Director for approval. The
RAP shall contain a contamination plan (in the scale of 1:1000 or other
appropriate scale) clearly delineating areas with different types of
contamination, the types of soil remedial treatments required and any changes
to the fenced-off area. Before
submission to the Director, the RAP shall be certified by the ET Leader and
verified by the IEC as conforming to the information, requirements and
recommendations set out in the approved EIA report. All recommended measures shall be fully
and properly implemented in accordance with the approved RAP. No remediation works shall be carried
out without the Director’s approval of the RAP;
(c)
no
later than one month after completion of soil remediation on the HKSM site,
deposit with the Director four hard copies and one electronic copy of as-built
remediation plan (in the scale of 1:1000 or other appropriate scale) showing
the locations and types of contamination and soil remedial treatments carried
out. Such a plan shall be certified
by the ET Leader and verified by the IEC to demonstrate that Condition 2.11(b)
is fulfilled;
(d)
no later
than one month after completion of soil remediation on the HKSM site, issue a
written notice to the Director to confirm satisfactory completion of soil
remediation works. The written
notice shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations set out in the
approved EIA Report before issuance.
No construction work other than those for the remediation of the site
shall commence on the fenced off area within the HKSM site until the written
notice is received by the Director; and
(e)
collect duplicate
samples of the treated soil for parallel testing by another qualified
laboratory if requested by the Director.
Measures for Mitigating Water Quality Impacts/Impacts
on Corals
2.12 To avoid impacts on
coral communities in the marine water around the Nam Long Shan headland, the
Permit Holder shall divert construction phase discharges from excavation works
at Headland to an existing
2.13 To improve the
coagulation and sedimentation process for construction phase discharges from
excavation works at Headland, the Permit Holder shall provide sand/silt removal
facilities, including sand/silt traps and sediment basins, with the use of
flocculants. The Permit Holder
shall, at least one month before commencement of the site clearance works at
Headland, deposit with the Director four hard copies and one electronic copy of
a drainage proposal showing locations of sand/silt removal facilities, dosage
of flocculants to be employed, and details of monitoring flocculants
performance. Before submission to
the Director, the proposal shall be certified by the ET Leader and the IEC as
conforming to the information, requirements and recommendations set out in the
approved EIA report. All measures
recommended in the deposited proposal shall be fully and properly implemented.
2.14 To minimize the water
quality impacts on the marine environment during rainy seasons, the Permit
Holder shall properly design and install a silt curtain system to enclose the
existing
(a) design details;
(b) location and alignment of the silt curtain
system;
(c) inspection requirements to check the
proper installation and functioning of the silt curtain system; and
(d) rectification requirements in case of any
malfunctioning of the system.
Before submission to the Director, the
proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the approved EIA report. All measures recommended in the
deposited proposal shall be fully and properly implemented.
Measures for Mitigation of Ecological Impacts
2.15 To conserve the marine
ecological resources in the vicinity of the project area, no marine-based
construction works shall be allowed for this Project.
2.16 To compensate for the
loss of
(a) the locations, size, number and species of
plantings;
(b) design details;
(c) implementation programme;
(d) maintenance and management schedules; and
(e) drawings in the scale of 1:1000 or other
appropriate scale showing the locations of these compensatory plants.
Before submission to the
Director, the compensatory proposal shall be certified by the ET Leader and
verified by the IEC as conforming to the information, requirements and
recommendations set out in the approved EIA Report. All recommended measures shall be fully
and properly implemented in accordance with the details and time schedules as
set out in the deposited proposal.
2.17 The Permit Holder shall
restrict the commencement of site clearance works in the Headland area (as
shown in Figure 1) outside of the
breeding season of Black Kites that lasts from October to May of the next
year. This is to avoid nesting
activities of Black Kites at locations where site clearance for the Project
will be carried out.
2.18 To compensate for the
loss of roosting site for freshwater birds due to the filling of Pond 37 (as
shown in Figure 5) at the Lowland
area, the Permit Holder shall:
(a)
complete the
enhancement works for Pond 35 (as shown in Figure 5) in accordance with Condition
2.18 (b) below prior to the commencement of construction works at Pond 37;
(b)
enhance the
roosting habitat for freshwater birds by enlarging Pond 35 and its surrounds
with a total area of no less than 120 square meters, planting appropriate
vegetation and providing foraging area as recommended in the Application for
Variation of Environmental Permit (Application No. VEP-223/2006);
(c)
no later than one
month after completion of enhancement works of Pond 35, deposit with the
Director four hard copies and one electronic copy of as-built drawing(s)
showing the enhancement works carried out under Condition 2.18(b). This set of as-built submission(s) shall
be certified by the ET Leader and verified by the IEC to demonstrate that
Condition 2.18(b) is fulfilled; and
(d)
not carry out construction
works nor discharge wastewater from the construction site(s) within the
enhanced Pond 35 (as shown in Figure 5).
2.19
To minimize disturbance
to the roosting site for freshwater birds at the Tai Shue Wan area, the Permit Holder
shall:
(a)
demolish only
those above ground buildings and structures as shown in Figure 6;
(b)
follow the
demolition works schedule as shown in Table 1, unless with prior written
approval from the Director, and shall complete all demolition works at Tai Shue
Wan area well before the wintering season, i.e. 31st August of the
same year;
(c)
carry out the demolition
works at Tai Shue Wan area between the time period from 0800 to 1800 hours of
the same day inclusively;
(d)
not disturb the
existing freshwater ponds and streams at Tai Shue Wan during the demolition
works; and
(e)
not carry out any
other site formation, slope work, excavation work, underground work, foundation
work, removal of existing concrete pavement or work at existing exposed soil
surfaces at the Tai Shue Wan area as shown in Figure 6.
2.20 To reduce the impact to
uncommon plant species as shown in Appendix 1 due to the construction of the
Project, transplantation of the species shall be carried out, if
identified. The Permit Holder shall
transplant these uncommon plant species to other locations. The Permit Holder shall:
(a) no
later than three weeks before commencement of tree transplantation, deposit
with the Director four hard copies and one electronic copy of transplantation
proposal showing:
i.
types and
locations of plants identified and therefore to be transplanted;
ii.
locations of
sites for transplantation;
iii.
methodology and
implementation programme of transplantation; and
iv.
post-transplantation
monitoring.
Before submission to the Director, the
proposal shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the approved EIA
report. All recommended measures shall be fully and properly implemented in
accordance with the details and time schedules as set out in the deposited
proposal; and
(b)
no later than two
weeks after completion of tree transplantation, deposit with the Director four
hard copies and one electronic copy of detailed compensatory planting as-built
drawing(s) showing the final locations of tree plantings to demonstrate
compliance with the transplantation proposal under Condition 2.20(a). This final set of as-built submission(s)
shall be certified by the ET Leader and verified by the IEC to demonstrate that
Condition 2. 20(a) is fulfilled.
Measures for Managing Wastes and Submission of Waste
Management Plan
2.21 The Permit Holder
shall, no later than one month after commencement of construction of the
Project, deposit with the Director four hard copies and one electronic copy of
a Waste Management Plan (WMP) for the site formation works for the Headland
area and tunneling works for the funicular system (as shown in Figure 1) which generates majority of
the construction and demolition (C&D) materials for the Project. The WMP shall describe:
(a)
the arrangements
and routing for transferring C&D materials using a conveyor belt system
from the Headland area to the barging point at the Tai Shue Wan seafront;
(b)
the layouts of
the conveyor belt system and barging point;
(c)
the recommended
pollution control/waste reduction measures on waste management in the approved
EIA report, including enclosures and water sprays;
(d)
arrangements and
locations for storage, collection, treatment and disposal of C&D materials;
and
(e)
the estimated
rate of C&D materials generation and disposal.
Before submission, the WMP shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA report. All measures recommended in the WMP shall
be fully and properly implemented throughout the construction period.
Measures for Mitigating Impact on Cultural Heritage
2.22
To preserve the
grave G1 as shown in Figure 7, no
works shall be allowed within one metre from the vicinity of such grave.
Operation Stage
Measures for Mitigating Noise Impact
2.23 The night show at the
open-air venue in the
(a)
the total sound
power level of all loudspeaker clusters shall not exceed 109dB(A); and
(b)
the sound
pressure level at
2.24 The Permit Holder
shall, at least one month before the first open-air night show in the
(a)
locations and
orientations of loud speakers;
(b)
sound power
levels of loud speakers;
(c)
predicted noise
levels; and
(d)
analysis of
predictions against the requirements stipulated in the EIA-TM and Condition
2.23.
Before submission to the Director, the
study shall be certified by the ET Leader and verified by the IEC as conforming
to the information and recommendations contained in the approved EIA report and
the requirements in Condition 2. 23.
All measures recommended in the deposited study shall be fully and
properly implemented.
Measures for Mitigating Glare Impact
2.25 The Permit Holder
shall, at least one month before the commencement of the first night show at an
open-air venue in the Aqua City (as shown in Figure 8) and any outdoor activity
within the Lowland (as shown in Figure 1),
deposit with the Director four hard copies and one electronic copy of a
detailed design of night time functional and thematic lighting. The design shall take into account the
possible light pollution and night-time glare and shall at least describe:
(a)
the mounting
height and direction of light fixtures;
(b)
the lighting
schedule, including power, number and types of lighting;
(c)
the monitoring
programme;
(d)
maintenance
requirements; and
(e)
measures for
avoiding/minimizing possible light pollution and negative glare impacts on
nearby sensitive receivers.
Before submission to the Director, the
design shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the approved EIA
report. All measures recommended in
the deposited design shall be fully and properly implemented.
2.26 The Permit Holder shall
employ a specialist with training and practical experience in outdoor sport
lighting and illumination to design, manage and oversee the implementation and
maintenance of the illumination requirements and system for the Project. The specialist shall also undertake any
necessary mitigation measures to control possible glare and uncomfortable eye
feeling brought on by the outdoor lights and illumination system of the
Project.
Measures for
Mitigating Air Quality Impact
2.27
The Permit Holder shall not carry out any Pyrotechnic Special
Effects Material (PSEM) displays as part of the open-air night show in Aqua
City (as shown in Figure 8) until trial PSEM displays and
air quality monitoring have been satisfactorily carried out according to
Condition 2.29 and until Condition 2.30 has been complied with.
2.28
PSEM that contains any chromium, lead, mercury,
arsenic, manganese, nickel or zinc shall not be used for any display in the open-air
night show in the
2.29
The Permit Holder shall, no later than one week before
the trial PSEM displays, deposit with the Director four hard copies and one electronic
copy of an air quality sampling plan. The sampling plan shall include:
(a)
drawings in the scale of 1:1000 or other appropriate
scale as agreed by the Director showing the locations and sampling height of the
air quality monitoring stations;
(b)
monitoring methodology and measurement parameters for respirable
suspended particulates (RSP), hydrogen sulphide, dioxins, copper and other relevant
chemical compositions of the PSEM;
(c)
monitoring periods and frequency before and during the
trial displays; and
(d)
a contingency plan for remedial actions, such as
reduction in scale and/or frequency of the PSEM displays, adjustment to the
content and/or design of the PSEM, etc., as well as proposal for additional
trial PSEM displays and associated air quality monitoring. This contingency plan shall be
implemented in the event that the air quality sampling results during the trial
PSEM displays show exceedance in any of the air quality criteria monitored.
The monitoring
results of the trial PSEM displays shall be submitted to the Director within 2
weeks after the trial PSEM displays.
Before submission to the Director, the above submissions shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the VEP Application Document (VEP-326/2010).
2.30 The PSEM displays as part of the open-air night show in
2.31 The Permit Holder shall, no later than 2
weeks before operation of PSEM displays as part of the open-air night show in
Aqua City, deposit with the Director four hard copies and one electronic copy
of a monitoring programme as part of an updated EM&A Manual for the
measurement of RSP during the first operational year of the open-air night
show. The monitoring programme
shall include an Event and Action Plan with proposed Event and Action Limit
Levels. The monitoring results
shall be reported in the monthly EM&A report as required in Condition 3.1.
3. Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The
EM&A programme of the Project, including the monitoring for noise, air
quality and ecology during the construction stage, the monitoring of ecology
after completion of construction activities and the monitoring for noise and
air quality at the operation stage, shall be implemented in accordance with the
procedures and requirements as set out in the updated EM&A Manual of the
Project and submitted under Condition 2.31 above. The Permit Holder shall review the
EM&A requirements or programme based on the submitted construction
programme required under Condition 2.4.
Changes to the EM&A requirements or programme and termination of the
programme shall need justification by the ET Leader and verified by the IEC to
their conformance with the requirements as set out in the updated EM&A
Manual and submitted under Condition 2.31 above; and the 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 EM&A Manual by:
(a)
conducting
baseline environmental monitoring;
(b)
conducting
impact monitoring; carrying out remedial actions described in the Event/ Action
Plans of the EM&A Manual in accordance with the time frames set out in the
Event/ Action Plans, or as agreed by the Director, in case where specified
criteria in the EM&A Manual are exceeded; and logging and keeping records
of details of all parameters within 3 working days of the collection of data or
completion of remedial action(s), for the purpose of preparing and submitting
the monthly EM&A Reports and to make available for inspection on site; and
(c)
conducting
post-construction ecological monitoring and carrying out actions described in
the contingency plan of the EM&A Manual.
3.3
Four
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least one week before the commencement of
construction. The submissions shall be certified by the ET Leader and verified
by the IEC as complied with the requirements as set out in the EM&A Manual
before submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.4 Four hard copies and one electronic copy of the
monthly EM&A Reports for the construction and operation stages shall be
submitted to the Director within two weeks after the end of the reporting
month. The monthly EM&A Reports shall include a summary of all
non-compliance with the recommendations in the EIA Report or this Permit. The
submissions shall be certified by the ET Leader and verified by the IEC as
complied with the requirements as set out in the EM&A Manual before
submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.5 All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
3.6 Any
necessary remedial measures and actions as described in the EM&A Manual
shall be fully and properly carried out, in accordance with the time frame(s)
set out in the EM&A Manual, or as agreed by the Director.
3.7 To
ensure a high degree of transparency regarding the monitoring results, all
EM&A data and all submissions required by this Permit shall be made
available by the Permit Holder to the public through a dedicated web site to be
set up by the Permit Holder under Condition 4.2 below, in the shortest
practicable time and in no event later than 2 weeks after such information is
available.
4. Electronic Reporting of EM&A
Information
4.1 To
facilitate public inspection of the Baseline Monitoring Report and the monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 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 Conditions 3.3
and 3.4 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 web site and notify the Director in writing the
internet address where the environmental monitoring and project data is to be
placed within six weeks after the commencement of construction of the Project.
All environmental monitoring results described in Condition 4.1 above and all
submissions required by this Permit shall be made available to the public via
this dedicated web site 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.
4.3 The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA report,
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 collected since the commencement of work
and all submissions under this permit;
(b) searching by
date;
(c) searching by
types of monitoring data; and
(d) hyperlinks to
relevant monitoring data after searching;
or
otherwise as agreed by the Director.
Notes :
1. This Permit
consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) and Part C (Permit Conditions). Any person relying on this permit should
obtain independent legal advice on the legal implications under the Ordinance,
and the following notes are for general information only.
2. If there is a breach of any conditions of this Permit,
the Director or his authorized officer may, with the consent of the Secretary
for the Environment, order the cessation of associated work until the remedial
action is taken in respect of the resultant environmental damage, and in that
case the Permit Holder shall not carry out any associated works without the
permission of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13 of the
Environmental Impact Assessment Ordinance (the “Ordinance”) to the Director for
a variation of the conditions of this Permit. The Permit Holder shall replace
the original permit displayed on the Project site by the amended permit.
4. A person who assumes the responsibility for the whole
or a part of the Project may, before he assumes responsibility of the Project,
apply under Section 12 of the Ordinance to the Director for a further
environmental permit.
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.
6. If this Permit is cancelled or surrendered during
construction 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 a designated project listed
in Schedule 2 of the Ordinance 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 Ordinance,
is liable:
(i)
on a first
conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
(ii)
on a second or
subsequent conviction on indictment to a fine of $5 million and to imprisonment
for 2 years;
(iii)
on a first
summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or
subsequent summary conviction to a fine of $1 million and to imprisonment for 1
year; and
(v)
in any case where
the offence is of a continuing nature, the court or magistrate may impose a
fine of $10,000 for each day on which he is satisfied the offence continued.
8. The Permit Holder
may appeal against any condition of this Permit under Section 17 of the
Ordinance within 30 days of receipt of this Permit.
9. The Notes are for
general reference only and that the Permit Holder should refer to the EIA
Ordinance for details and seek independent legal advice.
Table
1
Table
1 Demolition works schedule
at the Tai Shue Wan area
|
Demolition Phase |
ID [1] |
Name of Building |
Programme |
|
Phase 1 |
4 |
Coach Driver Toilet |
1 Jan – 15 Feb 2014 inclusively |
|
3 |
Entrance Pai-Lau |
1 Feb – 15 Mar 2014 inclusively |
|
|
10 |
|
1 Feb – 15 Mar 2014 inclusively |
|
|
12 |
Switch room |
1 Feb – 15 Mar 2014 inclusively |
|
|
Phase 2 |
13 |
Mini Aviary |
16 Mar – 15 Apr 2014 inclusively |
|
14 |
The Aviary |
16Mar – 15 Apr 2014 inclusively |
|
|
Phase 3 |
7 |
|
16 Mar – 30 Apr 2014 inclusively |
|
8 |
Guest Toilets |
16 Mar – 30 Apr 2014 inclusively |
|
|
9 |
Small Bird Cage |
16 Mar – 30 Apr 2014 inclusively |
|
|
11 |
Flamingo Cages |
1 Apr – 30 Apr 2014 inclusively |
|
|
Phase 4 |
1 |
Middle Kingdom Restaurant |
1 May – 30 Jun 2014 inclusively |
|
2 |
|
1 Jun – 30 Jun 2014 inclusively |
Note:
[1] The location of the buildings and structures shall refer to Figure 6
Appendix
1
List of Uncommon Plant Species identified in the approved
EIA report (Register No. AEIAR-101/2006):
(a) Long Tentacle Orchid
(b) Sword-leaved Orchid
(c) Green-flowered
Rattlesnake-Plantain
(d) Cycad-fern
(e) Balloon Flower
(f) Chinese Lily
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 |
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