Environmental Permit No. EP-135/2002/J
環境許可證編號 EP-135/2002/J
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
SECTION 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) granted the Environmental Permit (No. EP-135/2002) to THE NEW TERRITORIES EAST
DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (now known as CIVIL
ENGINEERING AND DEVELOPMENT DEPARTMENT) (hereinafter referred to as the “Permit
Holder”) on 13 May 2002. Pursuant to Section 13 of the EIAO, the Director
amends the Environmental Permit (No. EP-135/2002/I) based on the Application No. VEP-428/2014. The
amendments described below, are incorporated into this Environmental Permit (No. EP-135/2002/J). This Environmental Permit as amended is for the
construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described
in or attached to Part
C of this Permit.
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 amended environmental permit is based on the documents, approvals or
permissions described below:
本經修訂的環境許可證乃依據下列文件、批准或許可條件而簽發 –
|
Application No. 申請書編號 |
VEP-428/2014
|
|
|
Document in the Register: 登記冊上的文件： |
|
(1)
Sha Tin New Town - Stage II,
Trunk Road T3 (Tai Wai) Environmental Impact Assessment (EIA) Study (Register
No. EIA-143/BC) Updated Final Report (March 1998)
[Hereinafter referred to as the “EIA Report”] Environmental Monitoring &
Audit Manual (March 1998) [Hereinafter referred to as the “EM&A Manual”] 沙 田 新 市
鎮
第
二
階
段–
T3 號
主
幹
道
路
(大
圍
) 環
境
影
響評
估
(登
記
冊
編
號:
EIA-143/BC) 《最 新 修 訂
報
告》
(1998年3月) ([下 稱「環 評 報 告」] 《環 境 監 察
及
審
核
手
冊》(1998年3月) [下 稱
「環
監
手
冊」] (2)
Documents attached to the
Application for Environmental Permit submitted by the Permit Holder on 18
April 2002 (Application No.: AEP-135/2002) [Hereinafter referred to as the
"Application"] “Sha Tin New Town, Stage II,
Trunk Road T3 - Tai Wai, Environmental Review Report (March 2002 (Revised))”
[Hereinafter referred to as the "Environmental Review"] 許 可 證 持
有
人
於
2002年
4月
18日
提
交
的
環
境
許
可
證
申
請
書
夾
附
的
文
件
(申
請
書
編
號
：
AEP-135/2002) [下 稱
「
申
請
書
」
] 《沙 田 新 市
鎮
第
二
階
段
–
T3 號
主
幹
道
路
(大
圍
)環
境
檢
討
報
告
(2002 年
3 月
修
訂)
》
[下
稱
「
環
境
檢
討
」
] (3)
Environmental Permit
issued – Permit No.: EP-135/2002 issued on 13 May 2002 已簽發的環境許可證
—
許可證編號：EP-135/2002於 (4)
Application for Variation of an
Environmental Permit No. VEP-091/2003 [Hereafter referred to as “the
Application VEP-091/ 申請更改環境許可證編號VEP-091/2003
[下稱“申請書編號VEP-091/ (5)
Environmental Permit issued –
Permit No.: EP-135/2002/A issued on 30 April 2003 已簽發的環境許可證
—
許可證編號：EP-135/2002/A於 (6)
Application for Variation of an
Environmental Permit No. VEP-169/2005 [Hereafter referred to as “the
Application VEP-169/ 申請更改環境許可證編號VEP-169/2005[下稱“申請書編號VEP-169/ (7)
Environmental Permit issued –
Permit No: EP-135/2002/B issued on 7 April 2005 已簽發的環境許可證
—
許可證編號：EP-135/2002/B於 (8)
Application for Variation of an
Environmental Permit No. VEP-177/2005 [Hereafter referred to as “the Application
VEP-177/ 申請更改環境許可證編號VEP-177/2005。[下稱“申請書編號VEP-177/ (9)
Environmental Permit issued –
Permit No: EP-135/2002/C issued on 9 June 2005 已簽發的環境許可證
—
許可證編號：EP-135/2002/C於 (10) Application
for Variation of an Environmental Permit No. VEP-190/2005 [Hereafter referred
to as “the Application VEP-190/ 申請更改環境許可證編號VEP-190/2005。[下稱“申請書編號VEP-190/ (11) Environmental
Permit issued – Permit No: EP-135/2002/D issued on 2 September
2005 已簽發的環境許可證
—
許可證編號：EP-135/2002/D於 (12) Application
for Variation of an Environmental Permit No. VEP-235/2007 [Hereafter referred
to as “the Application VEP-235/ 申請更改環境許可證編號VEP-235/2007。[下稱“申請書編號VEP-235/ (13) Environmental
Permit issued – Permit No: EP-135/2002/E issued on 30 May 2007 已簽發的環境許可證
—
許可證編號：EP-135/2002/E於 (14) Application
for Variation of an Environmental Permit No. VEP-242/2007 [Hereafter referred
to as “the Application VEP-242/ 申請更改環境許可證編號VEP-242/2007。[下稱“申請書編號VEP-242/ (15) Environmental
Permit issued – Permit No: EP-135/2002/F issued on 30 Nov 2007 已簽發的環境許可證
—
許可證編號：EP-135/2002/F於 (16) Application
for Variation of an Environmental Permit No. VEP-250/2008 [Hereafter referred
to as “the Application VEP-250/ 申請更改環境許可證編號VEP-250/2008
[下稱“申請書編號VEP-250/ (17) Environmental
Permit issued – Permit No: EP-135/2002/G issued on 13 Feb 2008 已簽發的環境許可證
—
許可證編號：EP-135/2002/G於 (18) Application
for Variation of an Environmental Permit No. VEP-258/2008 [Hereafter referred
to as “the Application VEP-258/ 申請更改環境許可證編號VEP-258/2008
[下稱“申請書編號VEP-258/ (19) Environmental
Permit issued – Permit No: EP-135/2002/H issued on 13 May 2008 已簽發的環境許可證 — 許可證編號：EP-135/2002/H 於 (20) Application
for Variation of an Environmental Permit No. VEP-325/2010 [Hereafter referred
to as “the Application VEP-325/ 申請更改環境許可證編號VEP-325/2010
[下稱“申請書編號VEP-325/ (21)
Environmental Permit issued – Permit No: EP-135/2002/I
issued on 25 October 2010 已簽發的環境許可證 — 許可證編號：EP-135/2002/I於2010年 10月25日簽發 (22)
Application for Variation of an Environmental Permit No.
VEP-428/2014 [Hereafter referred to as “the Application VEP-428/ 申請更改環境許可證編號VEP-428/2014 [下稱“申請書編號VEP-428/ |
|
Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments
Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP – 091/2003 |
4 April 2003 |
-
Vary Condition 3.1 and Table -
Add Tables 2 and -
Vary Figures 4 and 5 of the Environmental Permit
EP-135/2002 and add Figures 6
and 7 to the Environmental
Permit EP-135/2002. -
更改環境許可證編號 EP-135/2002的C部條件第3.1項條件及表1 -
在環境許可證編號EP-135/2002的C部加入表2及表3 -
更改環境許可證編號 EP-135/2002的圖4及圖5及在環境許可證編號EP-135/2002
加入圖6及圖7 |
30 April 2003 |
|
VEP – 169/2005 |
18 March 2005 |
-
Add Condition 3.5 and Table -
Add Figures 8 to 13 to the Environmental Permit
EP-135/2002/A -
在環境許可證編號EP-135/2002/A 的C部加入第3.5項條件及表4 -
在環境許可證編號 EP-135/2002/A加入圖8至圖13 |
7 April 2005 |
|
VEP – 177/2005 |
13 May 2005 |
-
Vary condition 3.1 and Table -
Delete Table -
Vary Figure 7 of the
Environmental Permit EP-135/2002/B -
更改在環境許可證編號 EP-135/2002/B 的C部條件第3.1項條件及表1 -
在環境許可證編號EP-135/2002/B 的C部刪除表3及並把表4重新編號為表3 -
更改環境許可證編號 EP-135/2002/B的圖7 |
9 June 2005 |
|
VEP–190/2005 |
3 August 2005 |
-
Vary condition 3.1 and Table -
Vary Figure 5 of the
Environmental Permit EP-135/2002/C -
更改在環境許可證編號 EP-135/2002/C 的C部條件第3.1項條件及表1 -
更改環境許可證編號 EP-135/2002/C的圖5 |
2 September
2005 |
|
VEP– 35/2007 |
2 May 2007 |
-
Vary condition 3.1 and Table -
Vary Figures 2 and 3 of the Environmental Permit
EP-135/2002/D -
更改在環境許可證編號 EP-135/2002/D 的C部條件第3.1項條件及表1 -
更改環境許可證編號 EP-135/2002/D的圖2及圖3 |
30 May 2007 |
|
VEP–242/2007 |
6 November
2007 |
-
Vary condition 3.1 and Tables 1 and -
Vary Figures 1a, 2, 5, 12 and 13 of the Environmental Permit EP-135/2002/E -
更改在環境許可證編號 EP-135/2002/E 的C部條件第3.1項條件及表1及表3 -
更改環境許可證編號 EP-135/2002/E的圖1a,圖2,圖5,圖12及圖13. |
30 November
2007 |
|
VEP–250/2008 |
21 January
2008 |
-
Vary condition 3.1 and Table -
Add Figure 14 to the
Environmental Permit EP-135/2002/F -
更改在環境許可證編號 EP-135/2002/F 的C部條件第3.1項條件及表1 -
在環境許可證編號 EP-135/2002/F加入圖14 |
13 February 2008 |
|
VEP– 258/2008 |
14 April 2008
|
-
Vary condition 3.1 and Table 1 and -
Vary Figures 4 and 6 of the Environmental Permit EP-135/2002/G -
Add Figure 15 to the
Environmental Permit EP-135/ -
更改在環境許可證編號 EP-135/2002/G 的C部條件第3.1 項條件及表1及表2 -
更改環境許可證編號 EP-135/2002/G的圖4及圖6 - 在環境許可證編號 EP-135/2002/G加入圖15 |
13 May
2008 |
|
VEP– 325/2010 |
28 September
2010 |
-
Vary Condition 3.1 and Table -
Vary Figure 6 of the
Environmental Permit EP-135/2002/H -
更改在環境許可證編號 EP-135/2002/H 的C部件第3.1 項條件及表2 -
更改環境許可證編號 EP-135/2002/H的圖6 |
25 October
2010 |
|
VEP-428/2014 |
27 January
2014 |
-
Vary Condition -
Delete Table 2 and Figure 6
of the Environmental Permit EP-135/2002/I and renumber Table 3 to Table 2 -
更改在環境許可證編號 EP-135/2002/I 的C部條件第3.1 項條件 -
刪除環境許可證編號
EP-135/2002/I 的表2及圖6，並把表3重新編號為表2 |
6 February
2014 |
6 February 2014
|
Date 日期 |
|
(Maurice K.L. YEUNG) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
PART B
(DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project
mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明﹕
|
Title of Designated Project 指定工程項目的名稱 |
Sha Tin New Town, Stage II - Road
T3 and associated roadworks [This designated project is hereinafter referred
to as “the Project”] 沙田新市鎮第二階段工程–T3號主幹道路及相關工程[本指定工程項目下稱「工程項目」] |
|
Nature
of Designated Project |
Construction and operation of a
trunk road. 建造及營辦一條主幹路。 |
|
Location of Designated Project 指定工程項目的地點 |
The
Project is located west of 本工程項目位於沙田中部的蔚景園以西及沙田嶺以東，沿大埔公路 (大圍及沙田段)現有的運輸走廊及城門隧道公路，貫穿沙田南北。工程項目的地點載於本環境許可證圖1a及圖1b。 |
|
Scale and Scope of
Designated Project 指定工程項目的規模和範圍 |
Construction &
operation of about 2 kms
of elevated roadworks, underpass, slip roads and associated works at Tai
Wai. The scope of the Project
include the following works : construction
of elevated roads between Lion Rock Tunnel Road and Tai Po Road at Sha Tin
Heights including slip road connections to Tai Wai; construction
of vehicular underpass for proposed Road T3 at reconstruction
and realignment of construction
of a traffic gyratory system at the reconstruction
of reconstruction
of construction
of a two lane elevated road between road
improvement works for sections of 在大圍建造及營辦約 在介乎獅子山隧道公路與位於沙田嶺的一段大埔公路之間建造高架道路，包括連接大圍的支路； 為擬在沙田嶺築建的T3路建造行車隧道； 重建介乎美田路與獅子山隧道公路之間的一段大埔公路 (大圍段)，並更改該段的路線； 在美田路 / 香粉寮街路口設置單程迴旋交通系統，包括建造一條跨越城門河道的雙線天橋； 重建位於銅鑼灣的一段松嶺路； 重建積運街； 在介乎大埔公路與下城門道之間建造一條雙線高架道路；以及 為大埔公路 (沙田嶺段) 部分路段進行道路改善工程。 |
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), the Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a)
constitute any ground of defense against any proceedings instituted under any
legislation or (b) 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 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/or operation of the Project(s) 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 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 as described 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.
EIA-143/BC); the Environmental Review and other relevant documents in the
Register; 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
submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the comments, if any, made by the Director within one month
of the receipt of the Director's comments or otherwise as specified by the
Director.
1.9 All
submissions approved by the Director, all submissions deposited without
comments by the Director, or all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any variation of the submissions shall
be approved by the Director in writing or as prescribed in the relevant permit
conditions. 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 Environmental Impact
Assessment Ordinance Register Office, or in any other places, or any internet
websites as specified by the Director, or by any other means as specified by
the Director for public inspection.
For this purpose, the Permit Holder shall provide sufficient copies of
the submissions.
1.11 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one month prior to the commencement
of construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
1.12 All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy
Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions
required under this Permit shall be prepared in Hyper Text Markup Language (HTML)
(version 4.0 or later) and in Portable Document Format (PDF version 4.0 or
later), unless otherwise agreed by the Director and shall be submitted at the
same time as the hardcopies.
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
for the Construction of the Project
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 be headed by an ET
Leader. The ET Leader shall be a
person who has at least 7 years’ experience in environmental monitoring and
audit (EM&A) or environmental management. The ET team and the ET Leader shall be
responsible for the duties defined in the updated Environmental Monitoring and
Audit (EM&A) Manual submitted and approved under Condition 2.3 of this
Permit. 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 updated 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 environmental impact assessment and each
and every non-compliance with the information and recommendations described in
the EIA Report (Register No. EIA-143/BC) and the Environmental Review, or this
Permit. This 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 the Environmental
Review, 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
updated 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. The ET shall not be any way an
associated body of the Independent Environmental Checker (IEC) for the Project.
2.2 An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of construction of the
Project. The IEC shall be a person
who has at least 7 years’ experience in environmental monitoring and audit
(EM&A) or environmental management.
The IEC shall be responsible for duties defined in the updated EM&A
Manual submitted and approved under Condition 2.3 of this Permit, and shall
audit the overall EM&A programme described in the updated EM&A Manual,
including the implementation of all environmental mitigation measures,
submissions relating to EM&A, and any other submissions required under this
Permit. In addition, the IEC shall be responsible for verifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions under this Permit. 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 24 hours of each and
every occurrence, change of circumstances or non-compliance with the
recommendations and information contained in the EIA report (Register No.
EIA-143/BC) and the Environmental Review, or this Permit, which might affect
the monitoring or control of adverse environmental impact. Where the IEC fails to so notify the
Director of the same, fails to discharge the duties of the IEC as defined in
the updated 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. The IEC shall not be in any way an associated body of the Contractor
or the ET for the Project.
2.3 The Permit
Holder shall update the Environmental Monitoring and Audit (EM&A) Manual to
include the latest EM&A requirements in accordance with the information and
recommendations described in the Environmental Review. The Permit Holder shall
submit 3 copies of the updated EM&A Manual to the Director for approval no
later than one month before the commencement of construction of the
Project. Before submission to the
Director, the updated EM&A Manual shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations described
in the EIA Report, and the Environmental Review. All measures recommended in the updated
EM&A Manual approved under this Condition shall be fully and properly
implemented in accordance with the requirements and time schedule(s) set out in
the updated EM&A Manual. The
EM&A Manual approved under this Condition shall hereinafter be referred to
as the “updated EM&A Manual”.
2.4 The Permit
Holder shall, within one month before the commencement of construction of the
Project, deposit with the Director 3 sets of construction noise mitigation
proposal to mitigate the construction noise impact arising from the
Project. The proposal shall
indicate the exact locations and details of the temporary noise barriers and
the arrangement of the number and type of equipment, procedure and sequence of
construction in accordance with the recommendations specified in sections
2.5 The Permit
Holder shall, within one month after the commencement of construction of
relevant part of the Project, inform the Director in writing of the management
organization of the main construction companies and/or any form of joint
ventures associated with the construction of the Project. The submitted information shall include
at least an organization chart, names of responsible persons and their contact
details.
2.6 The Permit
Holder shall, within one month after the commencement of construction of the
Project, deposit with the Director 3 sets of landscape proposal to mitigate the
potential landscape and visual impacts arising from the construction and
operation of the Project. The
landscape proposal shall include an explanatory statement, design drawings and
layout plans at a scale 1 to 1000 or other scale as agreed by the Director. The
submission shall include an implementation programme with clear identification
of the responsibility for funding, implementation, management and maintenance
of the landscape and visual mitigation measures as recommended in the EIA
Report, and the Environmental Review.
The submission shall be certified by the ET leader and verified by the
IEC as conforming to the information and recommendations contained in the EIA
report, and the Environmental Review. The Permit Holder shall make available
additional copies to the Director upon his request.
3. Measures
for Construction and Operation of the Project
3.1 To mitigate
the traffic noise impact arising from the Project, the noise barriers and
enclosures shall be constructed in accordance with the details as shown in Tables
1 and 2 and Figures 2
to 5, 7, 14 and 15 attached to this Permit. Noise barriers to be fully implemented
before commencement of operation of the Project are shown in Table 1 and
Figures 2 to 5, 7, 14 and 15. All noise barriers shall be
continuous structures with no gap or opening except where access road is required.
All noise barriers and enclosures shall be in place and properly maintained
during the operation of the Project.
3.2 To protect
the water quality of the Upper Shing Mun River Channel, the construction works
spanning the Upper Shing Mun River Channel shall be carried out in the dry
season (from November to March).
3.3 To mitigate
the construction noise impact arising from the Project, all measures
recommended in the construction noise mitigation proposal deposited under
Condition 2.4 shall be fully implemented.
3.4 All
measures recommended in the landscape proposal deposited under Condition 2.6 of
this Permit shall be fully implemented and maintained.
3.5 Absorptive
panels shall be provided to all noise barriers to a height of
4. Environmental
Monitoring and Audit requirements during Construction of the Project
4.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements in the updated EM&A Manual approved under Condition 2.3 of
this Permit. Any changes to the EM&A programme shall be justified by the ET
leader and verified by the IEC as conforming to the requirements as set out in
the updated EM&A Manual and shall be submitted to the Director for
approval.
4.2 The Permit
Holder shall take samples and measurements in accordance with the requirements
of the updated EM&A Manual by:
a) conducting
baseline environmental monitoring on water quality, noise and air quality as
set out in the updated EM&A Manual; and
b) conducting
impact monitoring on water quality, noise and air quality as set out in the
updated EM&A Manual.
4.3 The
remedial actions described in the Event/Action Plans of the updated EM&A
Manual shall be fully and properly carried out in accordance with the time
frames set out in the Event/Action Plans, or as agreed by the Director.
4.4 Records of
measurements and actions taken under conditions 4.2 and 4.3 respectively of
this Permit shall be logged and kept, within 3 working days of the collection
of data or completion of action, for the purpose of preparing and submitting
the EM&A reports and making the information available for inspection on
site.
4.5 Two hard
copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before commencement of construction
of the Project. The submission shall be verified by the IEC. Additional copies
of the submission shall be made available to the Director upon his request.
4.6 Two 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 noncompliance (exceedances) of the
environmental quality performance limits (Action and Limit Levels). The
submissions shall be verified by the IEC. Additional copies of the submission
shall be provided to the Director upon request by the Director.
4.7 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
5. Environmental
Monitoring and Audit Requirements during Operation of the Project
5.1 The Permit
Holder shall, at least six months before the operation of the Project, deposit
with the Director a monitoring plan for the purpose of verification of traffic
noise assessment, by comparing the project noise impact predictions with the
actual impacts. The monitoring plan
shall contain monitoring locations, monitoring schedules, methodology of noise
monitoring including noise measurement procedures, traffic counts and speed
checks, and methodology of comparison with the predicted levels. Monitoring shall be conducted in
accordance with the deposited monitoring plan unless with prior
justification. Monitoring details
and results, including the comparison between the measured noise levels and the
predicted levels, shall be recorded in a report. The report shall be certified by the
Permit Holder before it is deposited with the Director, within one month after
the completion of the monitoring.
5.2 The Permit
Holder shall deposit with the Director 3 copies of an audit report, certified
by the ET Leader and verified by the IEC, demonstrating the satisfactory
completion of the measures recommended in the landscape proposal as described
in conditions 2.6 and 3.4 of this Permit. The audit report shall be deposited
within 3 weeks after completion of the mitigation measures.
6. Electronic
Reporting of EM&A Information
6.1 To
facilitate public inspection of the Baseline Monitoring Report, monthly
EM&A Reports, and the reports described in Conditions 5.1 and 5.2 of this
Permit via the EIA Ordinance Internet Website and at the EIA Ordinance Register
Office, electronic copies of these Reports shall be prepared in Hyper Text
Markup Language (HTML) (version 4.0 or later) and in Portable Document Format
(PDF version 4.0 or later), unless otherwise agreed by the Director and shall
be submitted at the same time as the hard copies as described in Conditions
4.5, 4.6, 5.1 and 5.2 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.
6.2 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 data described in Condition 6.1 above shall be made available to the
public via a dedicated web site to be set up by the Permit Holder in the
shortest possible time and in no event later than 2 weeks after the relevant
environmental monitoring data are collected or become available, unless
otherwise agreed with the Director.
6.3 The
internet website as described in Condition 6.2 above shall enable user-friendly
public access to the monitoring and project data including the EIA report and
the environmental permit(s) and the 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
works;
(b) searching by date;
(c) searching
by types of monitoring data (water quality, noise and air quality); and
(d) hyperlinks to relevant
monitoring data after searching;
or
otherwise as agreed by the Director.
Notes :
1. This
Environmental 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 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 of 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 Environmental Permit. The Permit Holder shall replace the original
Permit displayed on the construction 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 the display at the
construction site.
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: -
(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.
Environmental Permit No. EP-135/2002/J
| Figure
1a |
[ Back to First Page ] / [ Back to Main
Index ]
Table
1 – Schedule of Recommended Noise Mitigation Measures to be implemented before
commencement of operation of the Project (to be read in conjunction with Figures 2, 3, 4, 5, 7, 12, 14 and 15
attached to this Permit)
(Extracted
from Table 8-1 of the Environmental Review attached to the Environmental Permit
Application No. : AEP-135/2002 and Appendix D of Application No.: VEP-242/2007 )
|
Mitigation Measures |
Location |
|
Low
noise road surfacing (LNRS) |
On Trunk Road T3 (see Figure 2) |
|
A A A A |
near |
|
A |
near Sha Tin Clinic, |
|
A A A A A |
near |
|
A A
partial enclosure of approx. A A A A A A A
full enclosure of approx. A
partial enclosure of approx. A A |
near |
|
A A A |
near |
|
A A A A A A |
near |
|
A A
partial enclosure of approx. A
partial enclosure of approx. A A A |
near |
|
A
partial enclosure of approx. A A A A A A |
near |
|
A A |
near planned development at Vista Do Vale, Area 37 and
Area 38 |
|
A |
near planned development at Mui Lee |
Table 2 – Locations and extent of noise
barriers where absorptive panels as originally provided to a height of
(Extracted from the Application VEP-169/2005)
|
Segment no. in this Permit |
Chainage |
Length
(m) |
Height,
h(m) |
Relevant Figures |
|
21 |
From CH 0 to CH +87 |
87 |
1.7h for |
see Figures 8 and 9 for details |
|
20 |
From
CH+79.237 to CH +96.237 |
17 |
2.5h for |
see Figures 8 and 9 for details |
|
48 |
From
CH+246.31 to CH +250.31 |
4 |
2.5h for |
see Figures 10 and 11
for details |
|
|
From
CH+496.4 to CH +515.3 and From
CH+517.3 to CH +528.3 |
30 |
2.5h for 1.7h for |
see Figures 12 and 13 for details |