Environmental Permit No.: EP-354/2009/C
環境許可證編號：EP-354/2009/C
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 and 13
環境影響評估條例
(第499章)
第10條及13條
ENVIRONMENTAL PERMIT TO
CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10
of the Environmental Impact Assessment Ordinance (EIAO), the Director of
Environmental Protection (the Director) granted the Environmental Permit
(No. EP-354/2009) to the Highways Department (hereinafter referred to
as the "Permit Holder") on 4 November
2009. Pursuant to Section 13 of
the EIAO, the Director amends the Environmental Permit (No. EP-354/2009) based on the
Application No. VEP-456/2014. The amendments,
described below, are incorporated into this Environmental Permit (No. EP-354/2009/C). This Environmental
Permit as amended is to construct and operate the designated project
described in Part B subject to the conditions specified in
Part C. The issue of this environmental permit is
based on the documents, approvals or permissions described below:
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長) 於
|
Application No. 申請書編號 |
VEP-456/2014 |
Document in
the Register: 登記冊上的文件： |
(1)
Project Profile – “Tuen
Mun – Chek Lap Kok Link” (Register
No.: PP-336/2007) 工程項目簡介 ― “屯門至赤鱲角連接路” (登記冊編號：PP-336/2007) (2)
Tuen Mun – Chek Lap Kok Link – Environmental Impact Assessment (EIA) Report, Executive
Summary, Environmental Monitoring and Audit Manual (Register
No.: AEIAR- 146/2009) Hereinafter
referred to as “the EIA Report” 屯門至赤鱲角連接路 – 環境影響評估報告，行政摘要，環境監察及審核手冊 (登記冊編號: AEIAR-146/2009) 下稱“環評報告” (3)
Application for Environmental Permit on 15 June
2009 (Application No.: AEP-354/2009) 許可證持有人於2009年6月15日提交的環境許可證申請文件(申請書編號: AEP-354/2009) (4)
The Director’s letter of approval of the EIA
Report dated 23 October 2009 referenced (12) in Ax(1) to EP2/N9/A/125 II 署長於 (5)
Environmental Permit Issued on 4 November 2009
(No. EP-354/2009) 於 (6)
Application for Variation of an Environmental
Permit and attached documents submitted by the Permit Holder on 15 November 2010
(Application No. VEP-331/2010) 許可證持有人於 (7)
Application for Variation of an Environmental
Permit and attached documents submitted by the Permit Holder on 20 January
2014 (Application No. VEP-426/2014) 許可證持有人於2014年1月20日提交更改環境許可證申請和附件(申請書編號
VEP-426/2014) (8)
Application for Variation of an Environmental
Permit and attached documents submitted by the Permit Holder on 1 December 2014 (Application No. VEP-456/2014) 許可證持有人於2014年12月1日提交更改環境許可證申請和附件(申請書編號
VEP-456/2014) |
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 |
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VEP-331/2010 |
15 November 2010 2010年11月15日 |
(1)
Add Conditions 2.10(a) and 3.8(e) to Part C of the
Environmental Permit (No. EP-354/2009) (一) 加入環境許可證(編號EP-354/2009) C部的第2.10(a) 及3.8(e)項條件 (2) Vary Conditions 1.7,
2.10, 3.5, 3.6 and 3.8(a) to 3.8(d) in Part C of the
Environmental Permit (No. EP-354/2009) (二) 更改環境許可證(編號EP-354/2009) C部的第1.7, 2.10, 3.5, 3.6及3.8(a)至3.8(d)項條件 (3) Add Figures 7 to 12 to the Environmental
Permit (No. EP-354/2009) (三) 加入環境許可證(編號EP-354/2009)圖7至12 (4) Vary
Figure 4 of the Environmental
Permit (No. EP-354/2009) (四) 更改環境許可證(編號EP-354/2009)圖4 |
8 December 2010 2010年12月 8 日 |
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VEP-426/2014 |
20 January 2014 |
(1)
Add Conditions 3.7(d) to Part C of the Environmental
Permit (No. EP-354/2009/A) (一) 加入環境許可證(編號EP-354/2009/A) C部的第3.7(d)項條件 (2) Vary Conditions 1.7 and
3.7(b) in Part C of the Environmental Permit (No.
EP-354/2009/A) (二) 更改環境許可證(編號EP-354/2009/A) C部的第1.7及3.7(b)項條件 (3)
Update Figure 3 in the
Environmental Permit (No. EP-354/2009/A) (三) 更改環境許可證(編號EP-354/2009/A)圖3 |
28 January 2014 |
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VEP-456/2014 |
1 December 2014 2014年12月1日 |
(1) Vary Conditions 1.7 and 3.13 in Part C of the Environmental Permit (No.
EP-354/2009/B) (一) 更改環境許可證(編號EP-354/2009/A) C部的第1.7及3.13項條件 (2) Add Figure 13 to the Environmental Permit (No.
EP-354/2009/B) (二) 加圖13至環境許可證(編號EP-354/2009/ B) |
10 December 2014 2014年12月10 日 |
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10 December 2014 |
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Date 日期 |
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(Louis P.L. CHAN) Principal Environmental Protection Officer
(Regional Assessment ) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 陳檳林代行) |
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 |
Tuen Mun – Chek Lap Kok Link (This designated
project is hereafter referred to as “the Project”) 屯門至赤鱲角連接路 (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 |
Construction
and operation of a trunk road. 建造及營辦一條幹道 |
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Location of Designated Project 指定工程項目的地點 |
Between Tuen Mun and Lantau, via the proposed 屯門至大嶼山，通過擬建的港珠澳大橋香港口岸。 The
location and configuration of the Project is shown in Figure 1 of this Permit. 工程項目的地點及結構形態展示於本許可證圖1內。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project
as shown in Figure 1 is to
construct a dual 2-lane highway connecting the proposed Tuen
Mun Western Bypass at the southern coast of Tuen Mun Area 40 and the
Airport and Tung Chung. The
Project includes : – (i)
construction of an approximately (ii)
construction of approximately (iii)
construction of an approximately (iv)
construction of a toll plaza at Tuen Mun Area 46 and the
associated roads at Tuen Mun; (v)
construction of administration building,
ventilation buildings and other ancillary buildings to facilitate ventilation
and tunnel control operation serving the proposed road tunnel and toll plaza
above; and (vi)
ancillary works including site formation,
slope, drainage, utilities, footbridge, noise barriers, retaining walls,
berths and temporary pontoon. 如圖1顯示，工程項目是要興建一條雙程雙線公路，連接在屯門40區南岸擬建的屯門西繞道和機場及東涌。該工程項目包括： - （一）
建造一條長約5公里長的雙程雙線行車隧道，連接屯門40區和在香港機場東北面的港珠澳大橋香港口岸； （二）
於屯門40區及大嶼山的政府前濱及海床建造約 （三）
於大濠建造一條1.6公里長的雙程雙線的高架橋，連接港珠澳大橋香港口岸和北大嶼山公路及相關的道路； （四）
於屯門46區建造收費廣場及在屯門相關的道路； （五）
建造行政大樓，通風大樓和其他附屬建築物，促使上述行車隧道及收費廣場的通風和隧道控制操作的服務； （六）
其他附屬工程，包括土地平整，斜坡，排水，公用設施，行人天橋，隔音屏障，護土牆，船隻停泊處和臨時浮橋。 |
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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance
(Cap. 466). This Permit does not of
itself constitute any ground of defence against any
proceedings instituted under any legislation or imply any approval under any
legislation.
1.3 The Permit Holder shall
make copies of this Permit together with all documents referred to in this
Permit 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 in the Permit.
The site(s) refers to site(s) of construction and operation of the
Project and shall mean the same hereafter.
1.5 The Permit Holder shall
display conspicuously a copy of this Permit on the Project site(s) at all vehicular
site entrances/exits or at a convenient location for public’s information at
all times. The Permit Holder shall
ensure that the most updated information about the Permit, including any
amended Permit, is displayed at such locations. If the Permit Holder surrenders a part
or the whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied or cancelled
Permit shall be removed from display at the Project site(s).
1.6 The Permit Holder shall
construct and operate the Project in accordance with the project 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,
the application documents including all attachments (Application No.
AEP-354/2009, Application No. VEP-331/2010, Application No.
VEP-426/2014 and Application No. VEP-456/2014), other
relevant documents in the Register, and the information and mitigation measures
described in this Permit, and mitigation measures to be recommended in the
submissions that shall be deposited with or approved by the Director as a result
of the 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
amended in this Permit.
1.8 All
deposited submissions, as required under this Permit, shall be rectified and
resubmitted in accordance with the comments, if any, made by the Director
within one month of the receipt of the Director’s comments or otherwise as
specified by the Director.
1.9 All
submissions approved by the Director, all submissions deposited without
comments by the Director, and all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this
Permit. Any variation of the
submissions shall be approved by the Director in writing or as prescribed in
the relevant permit conditions. Any
non-compliance with the submissions may constitute a contravention of the
Environmental Impact Assessment Ordinance.
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 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 1.3 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
or measures for Commencement of the Project
Employment
of Environmental Monitoring and Audit (EM&A) personnel
2.1 An
Environmental Team (ET) shall be established by the Permit Holder no later than
6 weeks before the commencement of construction of the Project. The ET shall not
be in any way an associated body of the Contractor or the Independent
Environmental Checker (IEC) for the Project. The ET shall be headed by an ET
Leader. The ET leader shall be a person who has at least 7 years of experience
in environmental monitoring and auditing (EM&A) or environmental
management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in
accordance with the EM&A requirements as contained in the EM&A Manual
of the Project. The ET Leader shall keep a contemporaneous log-book of each and
every instance or circumstance or change of circumstances, which may affect the
compliance with the recommendations of the EIA Report and this Permit. The ET
Leader shall notify the IEC within one working day of the occurrence of any
such instance or circumstance or change of circumstances. The ET Leader’s
log-book shall be kept readily available for inspection by all persons
assisting in supervision of the implementation of the recommendations of the
EIA Report and this Permit or by the Director or his authorized officers.
Failure to maintain records in the log-book, failure to discharge the duties of
the ET Leader as defined in the EM&A Manual or failure to comply with this
Condition would entitle the Director to require the Permit Holder by notice in
writing to replace the ET Leader. Failure by the Permit Holder to make
replacement, or further failure to keep contemporaneous records in the log-book
despite the employment of a new ET Leader may render the Permit liable to
suspension, cancellation or variation.
2.2
An IEC shall be employed by the Permit Holder no
later than 6 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 and shall audit the overall EM&A
performance, including the implementation of all environmental mitigation
measures, submissions required in the EM&A Manual, and any other
submissions required under this Permit. In addition, the IEC shall be
responsible for verifying the environmental acceptability of permanent and
temporary works, relevant design plans and submissions under this Permit. The
IEC shall verify the log-book(s) mentioned in Condition 2.1 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 EIA Report and this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the Project. In the case where the IEC fails to so notify the Director of the
same, fails to discharge the duties of the IEC as defined in the EM&A
Manual or fails to comply with this Condition, the Director may require the
Permit Holder by notice in writing to replace the IEC. Failure to replace the
IEC as directed or further failure to so notify the Director despite employment
of a new IEC may render the Permit liable to suspension, cancellation or
variation. Notification by the Permit Holder is the same as notification by the
IEC for the purpose of this Condition.
Management
organization of main construction companies
2.3
The Permit Holder shall, at least 2 weeks before
the commencement of construction of each
relevant contract under 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
corresponding part of the Project. The submitted information shall
include at least an organization chart, names of responsible persons and their
contact details.
Submissions
of monitoring plan on construction dust
2.4
The Permit Holder shall submit to the Director
for approval, at least 1 month before the commencement of construction of the
Project, three hard copies and one electronic copy of an enhanced monitoring
plan on Total Suspended Particulates (TSP) level at Tuen
Mun. The
submitted information shall include the locations and frequency of monitoring
and details of the measures to mitigate any upsurge of TSP level including
increase the frequency of monitoring of TSP and stoppage of works.
Submissions
of specification and plan on marine ecological mitigation measures
2.5
The Permit Holder shall deposit with the
Director, at least 1 month before the commencement of construction of the
Project, three hard copies and one electronic copy of the design and
implementation of acoustic decoupling measures applied during bored piling,
dredging and reclamation works.
2.6
The
Permit Holder shall submit to the Director for approval, at least 1 month
before the commencement of construction of the Project, three hard copies and
one electronic copy of a detailed coral translocation methodology, including
pre-translocation survey, identification of receiving sites and
post-translocation monitoring.
2.7
The Permit Holder shall deposit with the
Director at least 1 month before the commencement of construction of the
Project, three hard copies and one electronic copy of a Spill Response Plan
detailing the actions to be taken in the event of accidental spillage of oil or
other hazardous chemicals from construction activities including vessels
operating for the Project, with specific provisions for protecting marine
ecology and the Chinese White Dolphins.
2.8
To minimize the chance of vessel collision and
the disturbance to the Chinese White Dolphins, the Permit Holder shall deposit
with the Director, at least 2 weeks before the commencement of the construction
of the Project, three hard copies and one electronic copy of a plan showing the
regular marine travel routes of vessels moving to and from the Project work
sites. Any subsequent changes to the regular routes shall be verified by the
IEC as conforming to the requirements in the EIA Report and deposited with the
Director.
Submissions
of Landscape and Visual Plan
2.9
The Permit Holder shall deposit with the
Director, at least 1 month before the commencement of the construction of
relevant part of the Project, three hard copies and one electronic copy of a
Landscape and Visual Plan incorporating aesthetic design of the viaduct,
building structures and streetscape elements, detailed tree preservation,
transplanting and felling proposal, compensatory planting proposals to provide
at least
Waste management plan
2.10
The Permit Holder shall deposit with the
Director, at least 1 month before the commencement of the construction of the
project, three hard copies and one electronic copy of a waste management plan
(WMP) for the construction stage of the Project. The WMP shall describe the arrangements
for avoidance, reuse, recovery and recycling, storage, collection, treatment
and disposal of different categories of waste to be generated from the construction
activities and shall include the recommended mitigation measures on waste
management in the EIA Report. The
WMP shall indicate the disposal location(s) of all surplus excavated spoil and
other waste. A trip ticket system
shall be included in the WMP.
Surplus excavated spoil and other wastes shall only be disposed of at
designated disposal locations unless otherwise approved by the Director. All
measures recommended in the WMP, and in the subsequent updates of WMP including
the supplementary WMP approved under Condition 2.10(a) of this Permit, shall be
fully and properly implemented by the Permit Holder and any person working on
the Project throughout the construction period.
2.10(a) The Permit Holder shall
submit, at least 1 month prior to the commencement of cut-and-cover tunnel
construction in the southern landfall, a supplementary WMP for the Director’s
approval. The supplementary WMP
shall provide descriptions on the volume and nature of the dredged sediments
arising from the cut-and-cover tunnel construction in the southern landfall, in
particular for materials requiring Type 2 Confined Marine Disposal under
Environment, Transport and Works Bureau Technical Circular (Works) No. 34/2002,
including their management, treatment and disposal arrangements.
Measures to preserve
built heritage
2.11
The
design of the toll plaza shall avoid any damage on or conflict with the
existing grave as shown in Figure 2
with a minimum
Environmental Project
Office
2.12
To
oversee the cumulative environmental impacts arising from the Project and other
concurrent projects in the adjoining area and to liaise closely with the
mainland project teams for the
3. Submissions
or Measures during Construction and Operation of the Project
Measures to
mitigate disturbance to Chinese White Dolphins
3.1
A
dolphin exclusion zone of
3.2
No formation of underwater sockets into rock
shall be carried out for the marine bored piles construction in May and June
which is the peak calving season of Chinese White Dolphins.
3.3
No underwater percussive piling shall be used
for the Project.
3.4
All vessels within the work areas shall not
travel at a speed higher than 10 knots.
Measures to
mitigate water quality impacts
3.5
The Permit Holder shall construct the northern
landfall and southern landfall in accordance with Figures 3 and 4 of this Permit respectively. Details
of the cross sections showing the sloping and vertical seawalls at the southern
landfall are indicated in Figures 9
and 10 respectively. The Permit
Holder shall notify the Director in writing any proposed changes in the
construction sequences and/or arrangements before implementation of such
changes. The proposed changes shall be certified by the ET Leader and verified
by the IEC as conforming to the information and requirements contained in the
EIA Report.
3.6
Reclamation filling for the northern landfall
shall not proceed until at least
3.7
For the construction of northern landfall of the
Project,
(a)
No more than 50% of public fill shall be used
for filling of seawall below +2.5mPD, unless otherwise agreed by the Director;
(b)
No more than two grab dredgers with a total of
maximum daily dredging rate of
(c)
No more than 16 filling barge trips shall be made
each day with a maximum daily filling rate of
(d)
Dredging in the middle of Portion N-A and
Portion N-B shall only be carried out upon the formation of
3.8
For the construction of southern landfall of the
Project,
(a)
A layer of geotextile
shall be placed on top of the seabed before any filling activities take place
inside the cellular structures to form the seawall. To prevent spillage of the filling
materials onto the surrounding water, the conveyor belts shall be fitted with windboards and conveyor release points shall be covered
with curtain;
(b)
Except for the filling of the cellular seawall,
not more than 15% pubic fill shall be used for reclamation filling below
+2.5mPD during construction of the seawall. After the seawall is completed
except for the
(c)
During stone column installation, silt curtain
shall be installed near the active stone column installation points. A layer of
geotextile with aggregate blanket at the top shall be
placed on the existing seabed prior to stone column installation works as
indicated in Figure 11. To prevent
grout leakage at the interfacing section between the stone column and the
tunnel portion as indicated in Figures 7
and 8 of this Permit, grouting shall
be applied in grout pipe by gravity method. The grouting sequence will be from
outside towards the centre of reclamation;
(d)
Upon completion of
(e)
The cellular structure shall be used for seawall
construction. The typical sections are presented in Figure 9 and 10.
3.9
Only grab dredgers shall be used for dredging
works in this Project. Each grab dredger shall be enclosed by a cage type silt
curtain as illustrated in Figure 5
of this Permit to reduce sediment loss to the surrounding environment during
dredging operation.
3.10
Tunnel boring machine shall be used for the
construction of the submarine tunnel.
3.11
Bored piling shall be undertaken within a metal casing
for the construction of marine viaducts. The minimum distance between two pile
cap construction sites shall be
Measures to
mitigate terrestrial ecological and landscape impacts
3.12
No trees shall be felled or removed at the work
areas within the Pillar Point landfill area.
3.13
The affected pitcher plant individuals located at
Zones 1 to 7 within the underpass work boundary, as shown in Figure 13 of this Permit, shall be
transplanted before the commencement of the construction works at the
underpass. The affected pitcher
plants shall first be transplanted to the temporary nursery site before
translocation to the final receptor site(s) within the Project boundary, namely
Zones 9 and 10, as shown in Figure 13
of this Permit, or other location(s) as agreed by the Director. Fencing or other physical barriers shall
be erected around Zones 8, 9 and 10 to fence off the pitcher plants at these
areas and the temporary nursery site before and during the construction works
to prevent vehicle movements and encroachment of personnel on to these areas
where Pitcher Plants are located, except those personnel for the transplanting and
maintenance of the pitcher plants.
The fencing shall be regularly checked to ensure that they are not
breached or damaged.
3.14
No works shall be carried out in stream NL1 as
shown in Figure 6 from April to
September.
Measures
to mitigate air quality impacts during construction phase
3.15
The
Permit Holder shall undertake watering at least 12 times per day on all exposed
soil within the Project site and associated work areas in Tuen
Mun area throughout the construction phase.
3.16
The Permit
Holder shall undertake watering at least 8 times per day on all exposed soil
within the Project site and associated work areas in
Emergency
Response Plan for Spillage of Oil and Chemicals
3.17
The Permit
Holder shall, no later than 2 months before the commencement of operation of
the Project, deposit with the Director three sets of a detailed Emergency
Response Plan (ERP) on how to prevent oil and chemical spillages caused by
traffic incidents on the carriageway from entering into the waterbody. The ERP shall be verified by the IEC as
conforming to the recommendations contained in the EIA Report.
4. Environmental
Monitoring and Audit (EM&A) Requirements
4.1 The
EM&A programme of the Project shall be
implemented in accordance with the procedures and requirements as set out in
the EM&A Manual of the approved EIA Report. Any proposed change to the
EM&A requirements or programme shall be justified
by the ET leader and verified by the IEC as conforming to the information and
requirements contained in the EM&A Manual and shall seek the prior approval
from the Director before implementation.
4.2 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;
(c) 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
(d) logging and
keeping records of details of (a) to (c) above for all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and to
make available for inspection on site.
4.3
Three 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.
4.4 Three hard
copies and one electronic copy of monthly EM&A Report shall be submitted to
the Director within 10 working days after the end of the reporting month. The
monthly EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance
limits (Action and Limit Levels). The submissions shall be verified by the IEC.
Additional copies of the submission shall be provided to the Director upon
request by the Director.
4.5 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
4.6 To ensure a
high degree of transparency regarding the monitoring data and results in view
of the public concern about the Project, all environmental monitoring and audit
data and results and all submissions and performance test data and results
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 5.2 below, in the shortest practicable time and in no event later
than 2 weeks after such information is available.
5. Electronic
Reporting of EM&A Information
5.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hardcopies as described in Condition 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,
JPEG or PDF format unless otherwise agreed by the Director. The content of the
electronic copies of these Reports must be the same as the hardcopies.
5.2 The
Permit Holder shall, within 6 weeks to the commencement of construction of the
Project, set up a dedicated web site and notify the Director in writing the
Internet address, where the project information, all environmental monitoring
and audit data and reports described in Condition 5.1 above, and all finalized
submissions and plans required under this Permit, are to be placed. All
environmental monitoring and audit data and reports described in Condition 5.1
above shall be made available to the public via this 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 and reports
is/are collected or become available, unless otherwise agreed with the
Director. All finalized submissions and plans shall be made available to the
public via this 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 they are
deposited with or approved by the Director as required under this Permit,
unless otherwise agreed with the Director.
5.3 The
Internet website as described in Condition 5.2 above shall enable user-friendly
public access to the monitoring and project information including the project
profile of the Project, the EIA report, the environmental permit(s), all
environmental monitoring and audit data and report and all finalized
submissions and plans required under this Permit. Unless otherwise agreed
with the Director, 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 (e.g. noise, water and air quality); and
(d) providing
hyperlinks to relevant monitoring data after searching.
Notes
:
註：
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.
本許可證共有3部，即A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (許可證條件)。任何援引本許可證的人士須就條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員可在環境局局長的同意下勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
3. The
Permit Holder may apply under Section 13 of the Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the construction site by the amended permit.
許可證持有人可根據條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須以經修訂的許可證替換在建造工地內展示的原有許可證。
4. A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under Section 12 of the Ordinance to the Director for a further environmental
permit.
承擔指定工程項目整項或部分工程的責任的人，在承擔責任之前，可根據條例第12條的規定向署長申請新的環境許可證。
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.
根據條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程工地除下，不再展示。
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 construction or operation of 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.
如本許可證在工程項目建造或營辦期間取消或交回，則在繼續建造或營辦工程項目之前，必須先根據條例規定取得另一份環境許可證。根據條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦條例附表2第I部所列明的指定工程項目，即屬犯罪。
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: -
如任何人在違反本許可證的條件下建造或營辦工程項目，根據條例，即屬犯罪：
(i)
on a first conviction on indictment to a fine of
$2 million and to imprisonment for 6 months;
一經循公訴程式首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and to imprisonment for 2 years;
一經循公訴程式第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii)
on a first summary conviction to a fine at level
6 and to imprisonment for 6 months;
一經循簡易程式首次定罪，可處第6級罰款及監禁6個月；
(iv)
on a second or subsequent summary conviction to
a fine of $1 million and to imprisonment for 1 year; and
一經循簡易程式第二次或其後每次定罪，可處罰款100萬元及監禁1年；以及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱條例及徵詢獨立法律意見。
Environmental Permit No. EP – 354/2009/C
環境許可證編號 EP – 354/2009/C
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