Environmental Permit No. EP-249/2006/D
Àô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006/D
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13
Àô¹Ò¼vÅTµû¦ô±ø¨Ò
(²Ä499³¹)
²Ä10¤Î13±ø
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED
PROJECT
«Ø³y¤ÎÀç¿ì«ü©w¤uµ{¶µ¥ØªºÀô¹Ò³\¥iÃÒ
A³¡ (³\¥iÃÒ¥Dn³¡¤À)
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/C) based on the
Application No. VEP-438/2014. The
amendments, described below, are incorporated into this Environmental Permit
(EP-249/2006/D). 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:
®Ú¾Ú¡mÀô¹Ò¼vÅTµû¦ô±ø¨Ò¡n¡]±ø¨Ò¡^²Ä10±øªº³W©w¡AÀô¹Ò«OÅ@¸p¸pªø¡]¸pªø¡^©ó 2006 ¦~ 7¤ë 28¤é±NÀô¹Ò³\¥iÃÒ (½s¸¹EP-249/2006) §å¤©®ü¬v¤½¶é¤½¥q (¤UºÙ ¡§³\¥iÃÒ«ù¦³¤H¡¨¡^¡C®Ú¾Ú±ø¨Ò²Ä13±øªº³W©w¡A¸pªø¦]À³§ó§ïÀô¹Ò³\¥iÃÒªº¥Ó½Ð½s¸¹VEP-438/2014×qÀô¹Ò³\¥iÃÒ½s¸¹EP-249/2006/C¡C¥H¤U×q¤w¥]§t¦b¥»Àô¹Ò³\¥iÃÒ¤º(EP-249/2006/D) ¡C¥»¸g×qªºÀô¹Ò³\¥iÃÒ§@¬°«Ø³y¤ÎÀç¿ì¥»³\¥iÃÒB³¡©Ò»¡©úªº«ü©w¤uµ{¶µ¥Ø¡A¦ý¶·¿í¦uC³¡©Ò¦C©úªº±ø¥ó¡C¥»Àô¹Ò³\¥iÃÒªºµo¥X¡A¤D¥H¤Uªí©Ò¦Cªº¤å¥ó¡B§åã©Î³\¥i§@¬°®Ú¾Ú¡G
Application No. ¥Ó½Ð®Ñ½s¸¹ |
VEP-438/2014 |
Document in the Register : µn°O¥U¤Wªº¤å¥ó: |
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) ®ü¬v¤½¶é¤§«·s©w¦ì¤Îªø»·Àç¹Bp¹º -
Àô¹Ò¼vÅTµû¦ô³ø§i -
Àô¹ÒºÊ¹î»P¼f®Ö¤â¥U -
¦æ¬FºKn
¤UºÙ¡§Àôµû³ø§i¡¨¡]µn°O¥U½s¸¹AEIAR-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/
Àô¹Ò«OÅ@¸p¸pªø©ó¤G¡³¡³¤»¦~¤C¤ë¤Q¤G¤éµo¥X§åãÀôµû³ø§iªº«H¥óÀÉ®×½s¸¹ (43) in EP2/H16/O/ |
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3.
Application
for Environmental Permit received on 7 April 2006 (Application No.:
AEP-249/2006) ³\¥iÃÒ«ù¦³¤H©ó |
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4.
Environmental
Permit issued on 28 July 2006 (Permit No. EP-249/2006) ¤wñµoªºÀô¹Ò³\¥iÃÒ - ³\¥iÃÒ½s¸¹ : EP-249/2006©ó |
|
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) ³\¥iÃÒ«ù¦³¤H©ó |
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6.
Environmental
Permit issued on 23 October 2006 (Permit No. EP-249/2006/A) ¤wñµoªºÀô¹Ò³\¥iÃÒ - ³\¥iÃÒ½s¸¹ :
EP-249/2006/A ©ó 2006¦~10 ¤ë23¤éñµo |
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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) ³\¥iÃÒ«ù¦³¤H©ó |
|
8.
Environmental
Permit issued on 3 November 2010 (Permit No. EP-249/2006/B) ¤wñµoªºÀô¹Ò³\¥iÃÒ - ³\¥iÃÒ½s¸¹ :
EP-249/2006/B ©ó 2010¦~11 ¤ë3¤éñµo |
|
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) ³\¥iÃÒ«ù¦³¤H©ó |
|
10.
Environmental
Permit issued on 2 December 2013 (Permit No. EP-249/2006/C) ¤wñµoªºÀô¹Ò³\¥iÃÒ - ³\¥iÃÒ½s¸¹ :
EP-249/2006/C ©ó 2013¦~12 ¤ë2¤éñµo |
|
11.
Application
documents for Variation of Environmental Permit including all attachments submitted
by the Permit Holder on 3 June 2014 (Application No. VEP-438/2014) ³\¥iÃÒ«ù¦³¤H©ó2014¦~6¤ë3¤é´£¥æªº§ó§ïÀô¹Ò³\¥iÃҥӽФå¥ó¥]¬A©Ò¦³ªþ¥ó(¥Ó½Ð®Ñ½s¸¹¡GVEP-438/2014) |
Application No. ¥Ó½Ð®Ñ½s¸¹ |
Date
of Application ¥Ó½Ð¤é´Á |
List of Amendments Incorporated
into Environmental Permit ¤w¥]§t¦b¥»Àô¹Ò³\¥iÃÒ¤ºªº×q¶µ¥Ø |
Date of Amendment ×q¤é´Á |
VEP-223/2006 |
25 September
2006 |
Add a new condition before Condition ¦bÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/ Vary Condition §ó§ïÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006 C³¡²Ä2.18¶µªº±ø¥ó¡C ¸Ó¶µ§ó§ïªº±ø¥ó«·s½s¸¹¬°Àô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006/A C ³¡²Ä2.19¶µ±ø¥ó¡C Amend Figure
5. §ó§ï¹Ï 5¡C Renumber Conditions 2.19 to §â Àô ¹Ò ³\ ¥i ÃÒ ½s ¸¹ EP-249/2006,
C³¡ ªº ²Ä 2.19 ¦Ü 2.25¶µ ±ø ¥ó « ·s ½s ¸¹ ¬° Àô ¹Ò ³\ ¥i ÃÒ ½s ¸¹
EP-249/2006/A, C³¡ ªº ²Ä 2.20¦Ü2.26
¶µ ±ø ¥ó¡C |
23 October 2006 |
VEP-326/2010 |
15 October 2010 |
Vary the Conditions 1.7 and §ó§ïÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/ Add new conditions
numbered as Condition 2.27 to ¦bÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006/B ªºC³¡¥[¤J·sªº±ø¥ó¡C·sªº±ø¥ó½s¸¹¬°²Ä2.27 ¦Ü2.31¶µ¡C Amend Figure
8. §ó§ï¹Ï 8¡C |
3 November 2010 |
VEP-421/2013 |
8 November 2013 |
Vary the Condition §ó§ïÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006/B C³¡²Ä2.19¶µªº±ø¥ó¤Î¦bÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006/C¥[¤J·sªº±ø¥ó²Ä2.18(d)¶µ¡C Vary Figure 6 §ó§ï¹Ï6¡C Add Table 1 ªþ¥[ªí1¡C |
2 December 2013 |
VEP-438/2014 |
3 June 2014 2014¦~6¤ë3¤é |
Add new conditions numbered as Condition
2.25
to 2.33 and renumber the conditions thereafter in Part C of
Environmental Permit No. EP-249/2006/C. ¦bÀô¹Ò³\¥iÃÒ½s¸¹ EP-249/2006/C ªºC³¡¥[¤J·sªº±ø¥ó½s¸¹¬°²Ä2.25
¦Ü2.33¶µ¤Î±N¨ä«áªº±ø¥ó«·s½s¸¹¡C Add Figures 8 and 9, and Tables
2
and 3. Renumber the
Figure 8 as Figure 10. ±N¹Ï8«·s½s¸¹¬°¹Ï10¡C |
2 July 2014 2014¦~7¤ë2¤é |
2 July 2014 |
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Date ¤é´Á |
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(Ken
Y. K. WONG) Principal
Environmental Protection Officer for
Director of Environmental Protection Àô¹Ò«OÅ@¸p¸pªø (º®uÀô¹Ò«OÅ@¥D¥ô ¶ÀÄ£¥ú¥N ¦æ) |
PART B (DESCRIPTION OF DESIGNATED PROJECT)
B³¡ («ü©w¤uµ{¶µ¥Øªº»¡©ú)
Hereunder is
the description of the designated project mentioned in Part A
of this environmental permit (hereinafter referred to as ¡§the Permit¡¨):
¤U¦C¬°¥»Àô¹Ò³\¥iÃÒ(¤UºÙ¡§³\¥iÃÒ¡¨)A³¡©Ò´£zªº«ü©w¤uµ{¶µ¥Øªº»¡©ú:
Title of Designated Project «ü©w¤uµ{¶µ¥Øªº¦WºÙ
|
Repositioning and Long Term Operation
Plan of (This designated project is hereafter referred to as ¡§the Project¡¨) ®ü¬v¤½¶é¤§«·s©w¦ì¤Îªø»·Àç¹Bp¹º(¥»«ü©w¤uµ{¶µ¥Ø¤UºÙ¡§¤uµ{¶µ¥Ø¡¨) |
Nature of Designated Project «ü©w¤uµ{¶µ¥Øªº©Ê½è |
The Project will involve a theme park
with a site area of more than ¦¹¤uµ{¶µ¥Ø·|¯A¤Î³õ¦a±¿n¶W¹L |
Location of Designated Project «ü©w¤uµ{¶µ¥Øªº¦aÂI
|
Existing site
of »´ä¥J®ü¬v¤½¶éªº²{§}¤Î«nÜñ¤s¡C The location of the Project is shown in Figure 1 of this Permit. ¤uµ{¶µ¥Øªº¦aÂI®i¥Ü©ó¥»³\¥iÃÒ¹Ï1¤º¡C |
Scale and Scope of Designated Project |
Expansion
of the existing ÂX«Ø²{¦³ªº®ü¬v¤½¶é¤Î««Ø/
§ï«Ø¨ä²{¦³³]¬I¡C |
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 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 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.
2.11 In the event that Condition 2.10 cannot be
met, the Permit Holder shall fence off the entire HKSM site to restrict public
access. Access to the fenced-off area shall only be allowed for works relating
to the remediation of the site. The Permit Holder shall identify the potential
contaminated area within the HKSM site and adjust the fenced-off area to
isolate the area of contamination. The Permit Holder shall:
(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
2.13 To improve the coagulation and
sedimentation process for construction phase discharges from excavation works
at
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
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
Waterfront 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 Summit
area and tunnelling 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
(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
Open-air
venue in the Aqua City
2.23
The lagoon 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 lagoon 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.
Noise Mitigation and Audit for the operation of the
Project
2.25
To ensure the effectiveness of measures for mitigating
noise impacts from the noise sources, including but not limited to those listed
in Tables 2 and 3 and as shown in Figures
8 and 9, the Permit Holder shall deposit with the Director four hard copies
and one electronic copy of Noise Mitigation and Audit Plan(s) (NMAP), no later
than two weeks before the noise measurement and audit works are carried out for each of the
following:-
(i)
opening hours of the Project from 0900 ¡V 2300 of
the same day as referred to in Condition 2.27.
(ii)
opening hours of the Project outside 0900 ¡V 2300 as
referred to in Condition 2.28.
(iii)
operation of the facilities and venues for special
events as referred to in Conditions 2.29 to 2.31.
Each
of the NMAPs shall at least include information on:
(a)
a list of fixed plant noise sources and
entertainment activities generating noise as referred to in Conditions 2.27 to
2.31 and the locations of those noise sources and activities;
(b)
measurement locations of the noise sources;
(c)
noise monitoring equipment and calibration
documents;
(d)
measurement methodology and parameters based on
standard acoustical principles and practices;
(e)
noise mitigation measures put in place, including
acoustic treatments and centralized control system on switching off the air-conditioning
units;
(f)
maximum allowable sound pressure levels at
specified distance(s) from the noise sources; and
(g)
noise monitoring proposal for the operation of the
indoor performance venue in the Waterfront area and the temporary indoor
attraction facilities during night time special events.
Before
submission to the Director, the above NMAP 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-438/2014).
2.26 The Permit
Holder shall, no later than two weeks after the completion of noise measurement
and audit works carried out according to the NMAP deposited under Condition
2.25, submit to the Director for approval four hard copies and one electronic
copy of the Noise Mitigation and Audit Report (NMAR). The NMAR shall demonstrate that the
design and performance of noise mitigation measures implemented for opening
hours as specified in Conditions 2.27, 2.28 and the operation of facilities or
venues referred to in Conditions 2.29, 2.30 or 2.31 complies with the maximum
sound power levels determined in the VEP application document
(VEP-438/2014). All measures
implemented according to NMAP(s) deposited under Condition 2.25 shall be
properly operated and maintained during the operation of the Project.
Before
submission to the Director, the NMAR 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-438/2014).
Operation of the Project from 0900 to 2300 hours of
the same day
2.27 The Permit
Holder shall not extend the normal opening hours of the Project from 1000 -
2200 hours daily to 0900 - 2300 hours daily until the relevant NMAR has been
approved by the Director under Condition 2.26. If there are changes proposed to the
design and/or performance of noise mitigation measures implemented in
accordance with the relevant approved NMAR, the Permit Holder shall, prior to
implementing any such changes, deposit with the Director an updated NMAP and
submit an updated NMAR for approval according to the requirements as set out in
Conditions 2.25 and 2.26 above. No
change to the design and/or performance of noise mitigation measures shall be
allowed prior to the approval of the updated NMAR.
Operation of the Project outside 2300 to 0900 hours
of the following day
2.28 The Permit
Holder shall not further extend the opening hours of the Project from 2300 to
0100 hour of the following day for night time special events (including but not
limited to Halloween) and the opening hours of restaurants and retail shops for
the additional hours from 0800 to 0900 of the same day and from 2300 to 0200 of
the following day until the relevant NMAR has been approved by the Director
under Condition 2.26. If there are
changes to the design and/or noise mitigation measures implemented in
accordance with the relevant approved NMAR, the Permit Holder shall, prior to
implementing any such changes, deposit with the Director an updated NMAP and
submit an updated NMAR for approval according to the requirements as set out in
Conditions 2.25 and 2.26 above. No
change to the design and/or performance of noise mitigation measures shall be
allowed prior to the approval of the updated NMAR.
Operation of open-air show at
2.29
For the operation of the open-air show at the
(a)
shall not operate the open-air show at
(b)
shall only operate the open-air show at
If
there are any changes proposed to the open-air show, such as the location of
the show and the maximum allowable sound pressure level as measured at a
position specified in the relevant approved NMAR, the Permit Holder shall,
prior to implementing any such changes, deposit with the Director an updated
NMAP and submit an updated NMAR for approval according to the requirements as
set out in Conditions 2.25 and 2.26 above.
No change to location and/or maximum allowable sound pressure level
shall be allowed prior to the approval of the updated NMAR.
Operation
of the temporary indoor attraction facilities during special events
2.30
For the operation of the temporary indoor
attraction facilities from 0900 to 0100 hours of the following day, the Permit
Holder:
(a)
shall not operate the temporary indoor attraction
facilities until the NMAR has been approved by the Director under Condition
2.26.
(b)
shall place the temporary indoor attraction
facilities at the Waterfront area with a minimum setback distance of
(c)
shall not operate the temporary indoor attractions
facilities from 0100 to 0900 hours of the same day.
If
there are any changes proposed to the temporary indoor attraction facilities,
such as the number of facilities and the maximum sound pressure levels of each
in accordance with the relevant approved NMAR, the Permit Holder shall, prior
to implementing any such changes, deposit with the Director an updated NMAP and
submit an updated NMAR for approval according to the requirements as set out in
Conditions 2.25 and 2.26 above. No
change to maximum number of temporary indoor attraction facilities and/or
maximum sound pressure level of each such facility at the Waterfront and
Operation
of performance venue at Waterfront area during special events
2.31
For the operation of the performances inside the
Sky Fair Plaza Performance Venue (the Venue) from 0900 to 0100 hours of the
following day, the Permit Holder:
(a)
shall adopt fully enclosed structure for the Venue
with acoustic insulation, including the adoption of two layers of door/acoustic
curtain at the entrance for entry/exit of visitors and/or crews during shows to
avoid noise leakage from the Venue.
(b)
shall not operate the Venue until the NMAR has been
approved by the Director under Condition 2.26.
(c)
shall not operate the Venue from 0100 to 0900 hours
of the same day.
If
there are any changes proposed to the Venue, such as the acoustic design of the
Venue and the maximum allowable sound pressure level as measured at a position
specified in the approved NMAR, the Permit Holder shall, prior to implementing
any such changes, deposit with the Director an updated NMAP and submit an
updated NMAR for approval according to the requirements as set out in
Conditions 2.25 and 2.26 above. No
change to the acoustic design of the Venue and/or maximum allowable sound
pressure level shall be allowed prior to the approval of the updated NMAR.
Operation
of overnight charity, education, conservation or community events
2.32 For the
overnight charity, education, conservation or community events from 2300 to
0900 hours of the following day, the Permit Holder shall not operate outdoor
activities, any amusement rides and public address systems within the
Waterfront and
Visitors leaving or entering between 2300 and 0900
on the following day
2.33
To minimize the noise disturbance to the nearby
sensitive receivers, the Permit Holder shall ensure that all visitors shall
enter/leave the Project area through the main entrance, i.e. northern gate,
during night time special events from 2300 to 0900 of the following day.
Measures for Mitigating Glare Impact
2.34
The
Permit Holder shall, at least one month before the commencement of the first lagoon show at an open-air venue in the Aqua City
(as shown in Figure 10) and any outdoor activity
within the Waterfront area
(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.
2.35
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
2.36
The Permit Holder
shall not carry out any Pyrotechnic Special Effects Material (PSEM) displays as
part of the open-air lagoon show in Aqua City
(as shown in Figure 10) until trial PSEM displays and air quality monitoring
have been satisfactorily carried out according to Condition 2.38 and until Condition 2.39 have been complied with.
2.37
PSEM that contains
any chromium, lead, mercury, arsenic, manganese, nickel or zinc shall not be used
for any display in the open-air lagoon show in the
2.38
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).
2.39
The PSEM displays as part of the open-air lagoon show in
2.40
The Permit Holder shall, no later than 2 weeks
before operation of PSEM displays as part of the open-air lagoon 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 lagoon 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 2.38 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 2.38 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.
| Figure
1 | Figure 2 | Figure 3 | Figure 4 |Figure 5 |
[ Back to First Page ] / [ Back to Main Index ]
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 ¡V 15 Feb 2014 inclusively |
3 |
Entrance Pai-Lau |
1 Feb ¡V 15 Mar 2014 inclusively |
|
10 |
|
1 Feb ¡V 15 Mar 2014 inclusively |
|
12 |
Switch room |
1 Feb ¡V 15 Mar 2014 inclusively |
|
Phase 2 |
13 |
Mini Aviary |
16 Mar ¡V 15 Apr 2014 inclusively |
14 |
The Aviary |
16Mar ¡V 15 Apr 2014 inclusively |
|
Phase 3 |
7 |
|
16 Mar ¡V 30 Apr 2014 inclusively |
8 |
Guest Toilets |
16 Mar ¡V 30 Apr 2014 inclusively |
|
9 |
Small Bird Cage |
16 Mar ¡V 30 Apr 2014 inclusively |
|
11 |
Flamingo Cages |
1 Apr ¡V 30 Apr 2014 inclusively |
|
Phase 4 |
1 |
Middle Kingdom Restaurant |
1 May ¡V 30 Jun 2014 inclusively |
2 |
|
1 Jun ¡V 30 Jun 2014 inclusively |
Note:
[1] The location of the buildings and structures shall refer to Figure 6
Table
2
Table 2 Noise Mitigation Measures to be implemented for
the following fixed plant operating between 0900 and 2300 hours (refers to EP
Conditions 2.25, 2.26 & 2.27)
1.
PA system at Aqua City (WF05)[1] |
2.
Split-type A/C unit at Coral
Building(WF06) |
3.
Split-type A/C unit at Administration
Building (WF17) |
4.
AC Plant at East Retail (WF20) |
5.
AC plant at Old Hong Kong (WF23) |
6. AC
plant at Panda Café (WF24) |
7. Cooling
Tower at The Grand Aquarium (WF26) |
8. Compressors
Cluster at West Retail (WF27) |
9. Fan
Room at West Retail (WF30) |
10. Ventilation
Fan at Panda Café (WF35) |
11. Chiller
at Giant Panda Adventure (WF29) |
(based on Table 1 of Annex C13 of
the VEP application 438/2014)
Note:
[1] The location of the fixed
plant shall refer to Figure 9
Table
3
Table 3 Noise Mitigation
Measures to be implemented for the following fixed plant operating between 2300
¡V 0100 hours on the following day, 0800 ¡V 0900 hour and 0100 ¡V 0200 hour (refers
to EP Conditions 2.25, 2.26, 2.28 and 2.30)
1. Sea Life Carousel (LNR7)
[1] |
2. PA system at Entry Plaza (WF04) |
3. PA system at Aqua City (WF05) |
4. Split-type A/C unit at Coral Building
(WF06) |
5. Split-type A/C unit at West Retail
(WF08) |
6. Split-type A/C unit at Administration
Building (WF17) |
7. A/C plant at West Retail at Entry
Plaza (WF19) |
8. A/C plant at East Retail (WF20) |
9. A/C plant at Old Hong Kong (WF23) |
10. A/C plant at Panda Café (WF24) |
11. Cooling Tower at The Grand Aquarium
(WF26) |
12. Compressors Cluster at West Retail
(WF27) |
13. Fan Room at West Retail (WF30) |
14. Ventilation Fan at West Retail (WF32) |
15. Ventilation Fan at Panda Café (WF35) |
16. Chiller at Giant Panda Adventure
(WF29) |
17. Temporary Indoor Attractions at
Waterfront and |
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
(e) Balloon Flower
(f) Chinese Lily