Environmental Permit No. EP-129/2002/H
環境許可證編號 EP-129/2002/H
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 10 & 13
環境影響評估條例
(第 499章 )
第 10 及 13 條
ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact
Assessment Ordinance (the Ordinance), the Director of Environmental Protection
(the Director) grants the Environmental Permit (No. EP-129/2002)
to KOWLOON-CANTON
RAILWAY CORPORATION (hereinafter
referred to as the “Permit Holder”) on 6 April 2002. Pursuant to Section 13 of
the Ordinance, the Director amends the Environmental Permit based on the
Application No. VEP-460/2014. The amendments described
below, are incorporated into this Environmental Permit (No. EP-129/2002/H).
This Environmental Permit as amended is for the construction and operation of
the Designated Projects described in Part B of this Permit subject to the conditions described in and
attached to Part
C of this Permit.
根據環境影響評估條例 (條例) 第 10條的規定，環境保護署署長 (署長) 於 2002年 4月 6日將環境許可證 (編號 EP-129/2002) 批予九廣鐵路公司 (下稱 "許可證持有人 ")。根據條例第 13條的規定，署長因應更改環境許可證的申請編號 VEP-460/2014 修訂環境許可證。以下修訂已包含在本環境許可證內 (EP-129/2002/H)。本經修訂的環境許可證作為建造及營辦本許可證 B部所說明的指定工程項目，但須遵守本許可證 C 部所說明及附載的條件。
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Application No. 申請書編號: |
VEP-460/2014 |
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Document in the Register : 登記冊上的文件 : |
(1) Sheung Shui
to Lok Ma Chau Spur Line – Environmental Impact
Assessment Tunnel/Viaduct Option, Final Report, January 2002. - Volume 1 of 5 EIA Report
(Part 1) - Volume 2 of 5 EIA Report
(Part 2) - Volume 3 of 5 Appendices
(Part 1) - Volume 4 of 5 Appendices
(Part 2) - Volume 5 of 5 Figures and
Drawings - Executive Summary (Register No.
AEIAR-052/2002) [hereinafter referred to as the “EIA Report”] (1) 上水至落馬洲支線 - 環境影響評估 - 隧道/高架橋方案，最後報告 (二零零二年一月) 第一冊 環境影響評估報告 (第一部份) 第二冊 環境影響評估報告 (第二部份) 第三冊 附件(第一部份) 第四冊 附件(第二部份) 第五冊 圖表及繪圖 摘要 (登記冊編號 : AEIAR-052/2002) [下稱“環評報告”] (2) The Director’s letter of approval of the EIA Report
dated 11 March 2002, (ref: (111) in Ax (4) to EP2/G/A/101 IV) (2) 環境保護署署長於2002年3月11日發出批准環評報告的信件(檔案編號: (111) in Ax (4) to EP2/G/A/101 IV) (3) Application for environmental permit on 11 March 2002
(Application No. AEP-129/2002) (3) 許可證持有人於2002年3月11日提交的許可證申請文件(申請書編號: AEP-129/2002) (4) The Environmental Permit
No. EP-129/2002 issued on 6 April 2002 (4) 於2002年4月6日發出的環境許可證 No. EP-129/2002 (5) Application for Further
Environmental Permit on 2 July 2002 (Application No. FEP-050/2002) (5) 於2002年7月2日申請之新的環境許可證 (申請書編號: FEP-050/2002) (6) The Further Environmental
Permit No. FEP-01/129/2002 issued on 26 July 2002 (6) 於2002年7月26日發出之新的環境許可證 No.
FEP-01/129/2002 (7) Application for Variation
of Environmental Permit on 16 August 2002 (Application No. VEP-071/2002) (7) 於2002年8月16日申請之更改後的環境許可證 (申請書編號: VEP-071/2002) (8) The
Environmental Permit No. EP-01/129/2002/A issued on 23 August 2002 (8) 於2002年8月23日發出的環境許可證 No. EP-01/129/2002/A (9) Application for Further
Environmental Permit on 15 November 2002 (Application No. FEP-057/2002) (9) 於2002年11月15日申請之新的環境許可證 (申請書編號: FEP-057/2002) (10) Application
for Variation of Environmental Permit on 26 November 2002 (Application No.
VEP-080/2002) (10) 於2002年11月26日申請之更改後的環境許可證 (申請書編號: VEP-080/2002) (11) Application for Further Environmental Permit on 26
November 2002 (Application No. FEP-058/2002) (11) 於2002年11月26日申請之新的環境許可證(申請書編號: FEP-058/2002) (12) The Further Environmental Permit No.
FEP-02/129/2002 issued on 7 December 2002 (12) 於2002年12月7日發出之新的環境許可證 No. FEP-02/129/2002 (13) The Further Environmental Permit No. FEP-03/129/2002
issued on 11 December 2002 (13) 於2002年12月11日發出之新的環境許可證 No. FEP-03/129/2002 (14) The
Environmental Permit No. EP-129/2002/A issued on 11 December 2002 (14) 於2002年12月11日發出之環境許可證 No. EP-129/2002/A (15) Application
for Further Environmental Permit on 30 December 2002 (Application
No. FEP-059/2002) (15) 於2002年12月30日申請之新的環境許可證(申請書編號: FEP-059/2002) (16) The Further Environmental Permit No. FEP-04/129/2002
issued on 24 January 2003 (16) 於2003年1月24日發出之新的環境許可證 No. FEP-04/129/2002 (17) Application for Variation of Environmental Permit
on 27 March 2003 (Application No.
VEP-090/2003) (17) 於2003年3月27日申請之更改環境許可證 (申請書編號: VEP-090/2003) (18) The
Further Environmental Permit No. EP-02/129/2002/A issued on 28 March 2003 (18) 於2003年3月28日發出之新的環境許可證 No. EP-02/129/2002/A (19) Application for Variation
of Environmental Permit on 27 June 2003 (Application No. VEP-102/2003) (19) 於2003年6月27日申請之更改環境許可證 (申請書編號: VEP-102/2003) (20) The
Further Environmental Permit No. EP-03/129/2002/A issued on 24 July 2003 (20) 於2003年7月24日發出之新的環境許可證 No. EP-03/129/2002/A (21) Application for Variation of Environmental Permit
on 19 December 2003 (Application No. VEP-126/2003) (21) 於2003年12月19日申請之更改環境許可證 (申請書編號: VEP-126/2003) (22) Application for Variation of Environmental Permit
on 23 December 2003 (Application No. VEP-128/2003) (22) 於2003年12月23日申請之更改環境許可證 (申請書編號: VEP-128/2003) (23) The
Environmental Permit No. EP-129/2002/B issued on 15 January 2004 (23) 於2004年1月 15日發出之環境許可證 No. EP-129/2002/B (24) Application for Variation of Environmental Permit
on 20 January 2004 (Application No. VEP-130/2004) (24) 於2004年1月20日申請之更改環境許可證 (申請書編號: VEP-130/2004) (25) The
Further Environmental Permit No. EP-03/129/2002/B issued on 13 February 2004 (25) 於2004年2月13日發出之新的環境許可證 No. EP-03/129/2002/B (26) Application for Variation of Environmental Permit
on 2 July 2004 (Application No. VEP-147/2004) (26) 於2004年7月2日申請之更改環境許可證 (申請書編號: VEP-147/2004) (27) The
Further Environmental Permit No. EP-03/129/2002/C issued on 22 July 2004 (27) 於2004年7月22日發出之新的環境許可證 No. EP-03/129/2002/C (28) Application for Variation
of Environmental Permit on 29 July 2004 (Application No. VEP-150/2004) (28) 於2004年7月29日申請之更改環境許可證 (申請書編號: VEP-150/2004) (29) The Environmental Permit No. EP-129/2002/C issued
on 24 August 2004 (29) 於2004年8月24日發出的環境許可證 No. EP-129/2002/C (30) Application for Variation
of Environmental Permit on 4 September 2004 (Application No. VEP-155/2004) (30) 於2004年9月4日申請之更改環境許可證 (申請書編號: VEP-155/2004) (31) The
Further Environmental Permit No. EP-03/129/2002/D issued on 30 September 2004 (31) 於2004年9月30日發出之新的環境許可證 No. EP-03/129/2002/D (32) Application for Variation of Environmental Permit
on 26 August 2005 (Application No.
VEP-194/2005) (32) 於2005年8月26日申請之更改環境許可證 (申請書編號: VEP-194/2005) (33)
The Further Environmental Permit No. EP-03/129/2002/E issued on 20 September 2005 (33) 於2005年9月20日發出之新的環境許可證 No. EP-03/129/2002/E (34) Application for Variation of Environmental Permit
on 1 September 2005 (Application No. VEP-197/2005) (34) 於2005年9月1日申請之更改環境許可證 (申請書編號: VEP-197/2005) (35) The Environmental Permit No. EP-129/2002/D issued
on 28 September 2005 (35) 於2005年9月28日發出的環境許可證 No. EP-129/2002/D (36) Application for Variation of Environmental Permit
on 18 October 2005 (Application
No. VEP-200/2005) (36) 於2005年10月18日申請之更改環境許可證 (申請書編號: VEP-200/2005) (37) The Environmental Permit No. EP-129/2002/E issued
on 7 November 2005 (37) 於2005年11月7日發出的環境許可證 No. EP-129/2002/E (38) Application for Variation of Environmental Permit
on 17 November 2005 (Application No. VEP-202/2005) (38) 於2005年11月17日申請之更改環境許可證 (申請書編號: VEP-202/2005) (39) The
Further Environmental Permit No. EP-03/129/2002/F issued on 15 December 2005 (39) 於2005年12月15日發出之新的環境許可證 No. EP-03/129/2002/F (40) Application for Variation of Environmental Permit
on 22 November 2005 (Application No. VEP-203/2005) (40) 於2005年11月22日申請之更改環境許可證 (申請書編號: VEP-203/2005) (41) The Environmental Permit No. EP-129/2002/F issued
on 19 December 2005 (41) 於2005年12月19日發出的環境許可證 No. EP-129/2002/F (42) Application to surrender Part of the permit
EP-129/2002/F on 14 Aug 2007 (Application No. SEP-05/2007) (42) 於2007年8月14日申請交回部分編號EP-129/2002/F環境許可證 (申請書編號: SEP-05/2007) (43) The Permit Holder
surrendered Part of the permit EP-129/2002/F on 19 Sep 2007 (43) 許可證持有人於2007年 9月 19日交回部分編號EP-129/2002/F環境許可證 (44) Application for Further
Environmental Permit on 21 August 2007 (Application No.
FEP-078/2007) (44) 於2007年8月21日申請之新的環境許可證 (申請書編號: FEP-078/2007) (45) The Further Environmental
Permit No. FEP-05/129/2002/F issued on 19 September
2007 (45) 於2007年9月19日發出之新的環境許可證 No. FEP-05/129/2002/F (46) Application for Further
Environmental Permit on 28 November 2007 (Application
No. FEP-080/2007) (46) 於2007年11月28日申請之新的環境許可證 (申請書編號: FEP-080/2007) (47) The Further Environmental
Permit No. FEP-06/129/2002/F issued on 27December 2007 (47) 於2007年12月27日發出的環境許可證 No. FEP-06/129/2002/F (48) Application for Variation
of an Environmental Permit on 25 October 2013 (Application No.
VEP-415/2013) (48) 於2013年10月25日申請之更改環境許可證 (申請書編號: VEP-415/2013) (49) Application for Variation
of an Environmental Permit on 25 October 2013 (Application No.
VEP-416/2013) (49) 於2013年10月25日申請之更改環境許可證 (申請書編號: VEP-416/2013) (50) Application for Variation of Environmental Permit
on 30
December 2014
(Application No. VEP-460/2014) (50) 於2014年12月30日申請之更改環境許可證 (申請書編號: VEP-460/2014) (51) Application for Variation
of Environmental Permit on 30 December 2014 (Application
No. VEP-461/2014) (51)
於2014年12月30日申請之更改環境許可證
(申請書編號:
VEP-461/2014) (52) The
Environmental Permit No. EP-129/2002/H issued on 22 January 2015 (52) 於2015年1月22日發出的環境許可證 No. EP-129/2002H (53) The
Environmental Permit No. FEP-06/129/2002/H issued on 22 January 2015 (53) 於2015年1月22日發出的環境許可證 No. FEP-06/129/2002H |
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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-080/2002 |
26 November 20022002年11月26日 |
Vary Conditions 2.4, 2.8
and 3.33 in Part C of EP-129/2002 更改環境許可證編號 EP-129/2002的C部第2.4, 2.8 及3.33項條件 |
11
December 2002 2002年12月11日 |
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VEP-126/2003 |
19 December 2003 2003年12月19日 |
Vary Scale and Scope in Part B, Conditions 3.23, 3.25 & 3.29 in Part C
and Figures 7, 9(d) and 11 of EP-129/2002/A 更改環境許可證編號 EP-129/2002/A的B部的規模和範圍, C部第3.23, 3.25及3.29項條件, 圖7, 9(d)及圖11 Renumber Condition 3.35 in Part C
and Figure 1 of Environmental Permit No. EP-129/2002/A to Conditions 3.37 in Part C
and Figure 1A of the Environmental Permit No. EP-129/2002/B 把 環 境 許 可 證 編 號 EP-129/2002/A, C部的 第 3.35項 條件及圖1 重 新 編 號 為 環境 許 可 證 編 號 EP-129/2002/B, C部 的 第3.37項 條 件及圖一A Add Conditions 3.35, 3.36
and 4.5 to Part C and Figure 1B, 12, 13 and 14 to Environmental
Permit No. EP-129/2002/B 在 環 境 許 可 證 編 號EP-129/2002/B的C部 加 入 第 3.35, 3.36 and 4.5 項 條 件及圖一B, 12, 13 及 14. |
15
January 2004 2004年1月15日 |
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VEP-128/2003 |
23 December 2003 2003年12月23日 |
Vary Condition 3.25 in Part C
of EP-129/2002/A 更改環境許可證編號 EP-129/2002/A的C部第3.25項條件 |
15
January 2004 2004年1月15日 |
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VEP-150/2004 |
29 July 2004 2004年7月29日 |
Vary Figure 13 of
EP-129/2002/B 更改環境許可證編號 EP-129/2002/B的圖13 |
24
August 2004 2004年8月24日 |
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VEP-197/2005 |
1 September 2005 2005年9月1日 |
Vary Condition 3.25 in Part C
and Figures 9b,9c & 9d of EP-129/2002/C. 更改環境許可證編號 EP-129/2002/C的C部第3.25項條件及圖九乙, 九丙及九丁. Add Figures 9b(1), 9b(2), 9c(1), 9c(2) & 9d(1) to
Environmental Permit No. EP-129/2002/D 在 環 境 許 可 證 編 號EP-129/2002/D加 入圖九乙(一), 九乙(二), 九丙(一), 九丙(二),及九丁(一). |
28
September 2005 2005年9月28日 |
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VEP-200/2005 |
18 October 2005 2005年10月18日 |
Vary Condition 3.25 in Part C
of EP-129/2002/D. 更改環境許可證編號 EP-129/2002/D的C部第3.25項條件. Delete Figures 9a & 9e of EP-129/2002/D. 删除環境許可證編號 EP-129/2002/D的圖九甲及九戊 Renumber Figures 9b, 9b(1), 9b(2), 9c, 9c(1),9c(2), 9d &
9d(1) of Environmental Permit No. EP-129/2002/D to Figures 9a, 9a(1), 9a(2), 9b, 9b(1), 9b(2), 9c & 9c(1) of the Environmental
Permit No. EP-129/2002/E 把 環 境 許 可 證 編 號 EP-129/2002/D的圖九乙, 九乙(一), 九乙(二), 九丙, 九丙(一),九丙(二), 九丁及九丁(一). 重 新 編 號 為環 境 許 可 證 編 號 EP-129/2002/E的圖九甲, 九甲(一), 九甲(二), 九乙, 九乙(一), 九乙(二), 九丙及九丙(一). |
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November 2005 2005年11月7日 |
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VEP-203/2005 |
22 November 2005 2005年11月22日 |
Vary Condition 3.25 in Part C
of EP-129/2002/E. 更改環境許可證編號 EP-129/2002/E的C部第3.25項條件. Delete Figures 9a, 9a(1), 9a(2), 9b, 9b(1), 9b(2), 9c, & 9c(1) of EP-03/129/2002/E. 删除環境許可證編號 EP-03/129/2002/E的圖九甲,九甲(一),九甲(二),九乙,九乙(一),九乙(二), 九丙,及九丙(一). Renumber Figures 10 to 14
of Environmental Permit No. EP-03/129/2002/E to Figures 9 to 13 of
Environmental Permit No. EP-03/129/2002/F. 把 環 境 許 可 證 編 號 EP-03/129/2002/E的圖十至圖十四重新
編 號 為 環 境 許 可 證 編 號 EP-03/129/2002/F的圖九至圖十 三. |
19 December 2005 2005年12月19日 |
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VEP-415/2013 |
25 October 2013 2013年10月25日 |
Add Conditions 3.29A and 3.29B to Part C and
Figure 10A to Environmental Permit No. EP-129/2002/F 在 環 境 許 可 證 編 號EP-129/2002/F的 C部 加 入 第 3.29甲 及 3.29乙 項 條 件及圖十A |
19
November 2013 2013年11月19日 |
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VEP-461/2014 |
30
December 2014 2014年12月30日 |
Vary condition 3.23, 3.24,
Figure 7 and Figure 8 in Part C
of Environment Permit No. FEP-06/129/2002/G 更 改 在 環 境 許 可 證 編 號FEP-06/129/2002/G的 C部 的 條 件 第 3.23, 3.24 項, 圖七
及 圖八 |
22 January 2015 2015年1月22號 |
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22 January 2015 |
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音) 楊國良代行) |
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PART B (DESCRIPTIONS OF
DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated
project mentioned in Part
A of this environmental permit :
下列為本環境許可證A部所提及的指定工程項目的說明:
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Title of Designated
Project 指定工程項目的名稱 |
Sheung Shui
to Lok Ma Chau Spur Line [This designated project
is hereinafter referred to as “the Project”] 上水至落馬洲支線 [本指定工程項目下稱“工程項目”] |
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Nature of Designated
Project |
Construction and operation of a railway and its
associated stations. 建造和營運一條鐵路及相關的火車站。 |
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Location of Designated
Project 指定工程項目的地點 |
The project starts from north of the existing Sheung Shui station and travels
through Long Valley, Kwu Tung and Chau Tau in an underground tunnel, before it climbs to a
viaduct and terminates at Lok Ma Chau. The location of the Project is shown on Figure 1A and 1B attached to this Permit. 由上水火車站以北建造一條鐵路，以隧道貫穿塱原、古洞及洲頭，然後用高架橋接駁至落馬洲為止。 |
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Scale and Scope of
Designated Project(s) 指定工程項目的規模和範圍 |
Construction and operation of (excluding operation
of the Lok Ma Cha public transport interchange and
the station access road in item (ii) below, which are covered under
Environmental Permit No. FEP-05/129/2002/F). (i) a 7.4 km long, double-tracked
railway extending from the existing East Rail network at north of Shueng Shui to Lok Ma Chau including a tunnel of 4.3 km long across Long Valley
and Kwu Tung ; (ii) a railway station at Lok Ma Chau which includes a public transport interchange and
station access road; (iii) a footbridge link to Huanggang; and (iv) the associated infrastructure
and utility works. 建造和營運 (不包括環境許可證編號: FEP-05/129/2002/F所涵蓋下列項目(ii)落馬洲公共運輸交匯處及通道的營運) (i)
長約7.4公里的雙軌鐵路由上水火車站以北的東鐵軌道伸延至落馬洲包括一條長4.3公里隧道橫過塱原和古洞; (ii)
落馬洲火車站包括公共運輸交匯處及通道; (iii)
行人橋連接皇崗;及 (iv) 相關的基礎工程和公用設施 |
1. General
Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person
may constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2 The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including without limitation to the Noise Control Ordinance
(Cap.400), Air Pollution Control Ordinance (Cap.311), Water
Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the
Waste Disposal Ordinance (Cap.354). This Permit does not of itself
(a) constitute any ground of defense against any proceedings instituted under
any legislation or (b) imply any approval under any legislation.
1.3 The
Permit Holder shall make copies of this Permit together with all documents referred
to in this Permit or the documents referred to in Part A of the Permit
readily available at all times for inspection by the Director or his authorized
officers at all sites/offices covered by this Permit. Any reference
to the Permit shall include all documents referred to in the Permit and also
the relevant documents in the Register.
1.4 The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site(s) refers to
site(s) of construction and/or operation of the Project(s) and shall mean the
same hereafter.
1.5 The
Permit Holder shall display conspicuously a copy of this Permit on the
construction site(s) at all vehicular site entrances/exits or at a convenient
location for public information at all times. The Permit Holder
shall ensure that the most updated information about the Permit, including any
amended permit, is displayed at such locations. If the Permit Holder
surrenders a part or the whole of the Permit, the notice he sends to the
Director shall also be displayed at the same locations as the original
Permit. The suspended, varied or cancelled Permit shall be removed
from display at the construction site(s).
1.6 The Permit Holder shall
construct and operate the Project as described in Part B of this
Permit.
1.7 The Permit Holder shall
ensure that the Project is designed, constructed and operated in accordance
with the information and recommendations described in the EIA report (Register
No. AEIA-052/2002); other relevant documents in the Register; and the
information or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on-going surveillance
and monitoring activities during all stages of the Project. Where
recommendations referred to in the documents of the Register are not expressly
referred to in this Permit, such recommendations are nevertheless to be
implemented unless expressly excluded or impliedly amended in this
Permit.
1.8 All submissions, as required
under this Permit, shall be rectified and resubmitted in accordance with the
comments, if any, made by the Director within one month of the receipt of the
Director's comments or otherwise as specified by the Director.
1.9 All submissions approved by
the Director, all submissions deposited without comments by the Director, or
all submissions rectified in accordance with comments by the Director under
this Permit shall be construed as part of the permit conditions described
in Part C of
this Permit. Any variation of the submissions shall be approved by
the Director in writing or as prescribed in the relevant permit
conditions. All submissions or any variation of the submissions
shall be certified by the Environmental Team (ET) Leader and verified by the
Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2
below, before submitting to the Director under the Permit.
1.10 The Permit Holder shall
release all finalized submissions, as required under this Permit, to the public
by depositing copies in the Environmental Impact Assessment Ordinance Register
Office, or in any other places, or any internet websites as specified by the
Director, or by any other means as specified by the Director for public inspection. For
this purpose, the Permit Holder shall provide sufficient copies of the
submissions.
1.11 The Permit Holder shall
notify the Director in writing the commencement date of construction of the
Project no later than one month prior to the commencement of construction of
the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date of the
construction.
1.12 All submissions to the
Director required under this Permit shall be delivered either in person or by
registered mail to the Environmental Impact Assessment Ordinance Register
Office (currently at 27/F, Southorn Centre, 130
Hennessy Road, Wanchai, Hong
Kong). Electronic copies of all finalized submissions required under
this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0
or later) and in Portable Document Format (PDF version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies.
1.13 For the purpose of this
Permit, “commencement of construction” does not include works related to site
clearance and preparation, or other works as agreed by the Director.
2 Submissions or Measures
before Commencement of Construction of Certain Parts of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An Environmental Team (ET)
shall be established by the Permit Holder no later than one month before the
commencement of construction of the Project. The ET shall be headed
by an ET Leader. The ET Leader shall be a person who has at least 7
years’ experience in environmental monitoring and auditing (EM&A) or
environmental management. The ET team and the ET Leader shall be
responsible for the duties defined in the EM&A Manual submitted and
approved under Condition 2.3 of this Permit. The ET Leader shall be
responsible for the implementation of the EM&A programme
in accordance with the EM&A requirements as contained in the EM&A
Manual. The ET Leader shall keep a contemporaneous log-book of each
and every instance or circumstance or change of circumstances which may affect
the environmental impact assessment and each and every
non-compliance with the recommendations of the EIA Report (Register No. AEIAR-052/2002) or this Permit. This log-book
shall be kept readily available for inspection by all persons assisting in
supervision of the implementation of the EIA Report recommendations 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. The ET
shall not be in any way an associated body of the IEC for the Project.
2.2 An Independent Environmental
Checker (IEC) shall be employed by the Permit Holder no later than one month
before the commencement of construction of the Project. The IEC shall be a
person who has at least 7 years’ experience in environmental monitoring and
audit (EM&A) or environmental management. The IEC shall be
responsible for duties defined in the EM&A Manual submitted and approved
under Condition 2.3 of this Permit, and shall audit the overall EM&A programme described in the EIA Report (Register No.
AEIAR-052/2002), 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 24 hours of
each and every occurrence, change of circumstances or non-compliance with the
EIA Report (Register No. AEIAR-052/2002) or this Permit,
which might affect the monitoring or control of adverse environmental impact. Where
the IEC fails to so notify the Director of the same, fails to discharge the duties
of the IEC as defined 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. The IEC
shall not be in any way an associated body of the Contractor or the
Environmental Team for the Project.
Submission of the Environmental Monitoring and Audit Manual and
Consultation with ACE
2.3 No later than one month
before the commencement of construction of the Project, the Permit Holder shall
submit to the Director for approval an EM&A Manual for the Project and
shall send 15 copies of the EM&A Manual to the Secretary of the Advisory
Council on the Environment (ACE) at 10/F, Citibank Tower, 3 Garden Road,
Central, Hong Kong. The Director may require the Permit Holder to
make a presentation to the ACE on the EM&A Manual. Before
submission to the Director, the EM&A Manual shall be certified by the ET
Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report. The EM&A Manual
shall include the latest information of the EM&A programme
for hydrological monitoring at Long Valley and the Habitat Creation and
Management Plan (HCMP) for enhancement of fishponds at Lok
Ma Chau and shall include a requirement to report
regularly all recommendations made by the Environmental Committee set up under
Condition 2.8 below. All measures recommended in the approved
EM&A Manual shall be fully and properly implemented in accordance with the
requirements and time schedule(s) set out in the EM&A
Manual. The EM&A Manual approved under this Condition shall
hereinafter be referred to as the “EM&A Manual”.
Submission of details of
Ecological Mitigation Measures – The Habitat Creation and Management Plan
(HCMP)
2.4 No later than one month
before the commencement of construction of Lok Ma Chau Station of the Project, the Permit Holder shall submit
to the Director for approval the HCMP for the “initial enhancement areas” as
described in Condition 3.22 below. The Permit Holder shall submit the HCMP for
“ecological enhancement areas” as described in Condition 3.23 below no later
than two years after the commencement of construction of Lok
Ma Chau Station or one and half years before the
operation of the Lok Ma Chau
station, whichever comes first. The HCMP shall be prepared and finalized in
accordance with the draft HCMP contained in Appendix A4.2 of the EIA
Report. The HCMP shall provide the detailed specifications for the
habitats and ecological functions to be provided at Lok
Ma Chau and to define the long-term management and
ecological monitoring and audit requirements on these
habitats. Proper cross-reference shall be made between the HCMP and
the EM&A Manual. The HCMP shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the EIA Report. All measures recommended in the
approved HCMP shall be fully and properly implemented and thereafter
maintained. The Permit Holder shall amend the HCMP as required by
the Director.
Installation of Drillholes for Hydrological Monitoring
at Long Valley
2.5 Prior to the commencement of
construction of tunnel section of the Project, a suite of drillholes
and piezometers as recommended in the approved
EM&A Manual shall be installed for monitoring of groundwater levels at Long
Valley. The Permit Holder shall carry out the monitoring of
groundwater levels at Long Valley in accordance with the requirements specified
in the EM&A Manual approved under Condition 2.3.
Submission of Project Layout
Plans
2.6 The Permit Holder shall, no
later than one month before the commencement of construction of the Project,
deposit with the Director 3 sets of layout plan(s) of scale 1:1000 with an
explanatory statement detailing the works boundary, the works areas and the
railway and tunnel alignment of the Project. The plan(s) shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report. To
avoid environmental impacts to the study area as indicated in Figure 1 of this
Permit, any activity which is related to or arises as a result of construction
of the Project shall be within the works boundary and the works areas.
Submission of Information on
Non-toxic Materials used in Tunnel Boring Operation
2.7 No later than one month
before the commencement of construction of tunnel section of the Project, the
Permit Holder shall submit to the Director for approval information on the
foaming agent or any chemicals to be used in the tunnel boring
operation. The information shall include the chemical composition of
the foaming agent or any chemicals to be used. Before submission to
the Director, the information shall be certified by the ET Leader and verified
by the IEC as conforming to the information and recommendations contained in
the EIA Report.
Set up of an Environmental
Committee
2.8 The Permit Holder shall set
up an Environmental Committee before the commencement of construction of the
Project: (a) to advise on and monitor the effectiveness of the proposed
mitigation measures of the Project according to the HCMP and the EIA Report;
and (b) to ensure that the Permit Holder undertakes the Project in a manner
that will result in no net loss in the ecological function of the habitats
concerned. The Permit Holder shall, no later than one month before the
commencement of construction of the Project, submit to the Director for
approval a list of members and terms of reference of the Environmental
Committee.
2.9 The Permit Holder shall
deposit with the Director all minutes of meeting and the associated papers of
the Environmental Committee and shall place such information on the dedicated
web site to be set up by the Permit Holder under Condition 6.2, within one
month of the day of the meeting. The Director may require the Permit
Holder to amend the HCMP as a result of the advice by the Environmental
Committee.
High Degree of Transparency
of the Project
2.10 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, the approved EM&A Manual, the approved HCMP and all submissions
and all 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 6.2 below, in the shortest possible
time and in no event later than two weeks after such information is available.
3. Submissions
or Measures for the Construction of Certain Parts of the Project
Management
Organization of Main Construction Companies
3.1 The Permit Holder shall,
within one month after the commencement of construction of relevant part 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.
Works Areas of the Project
3.2 No extension of the works
boundary and works areas as indicated in the layout plan(s) deposited under
Condition 2.6 shall be permitted without the written approval of the
Director. To avoid environmental impacts to the study area as
indicated in Figure 1 of this Permit, any key construction activity of Project
shall be within the works boundary and the works areas.
Submission on Rail Noise Mitigation Measures
3.3 The Permit Holder shall, no
later than one month before the commencement of construction of viaduct track
superstructure sections of the Project, deposit with the Director 3 sets of
design drawings with explanatory statements showing details of mitigation
measures to be used on all viaducts track superstructure sections of the
Project. Before submission to the Director, the drawings shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report. The
mitigation measures shall include, but are not limited to the following
requirements: -
(a) At least 1.2 metres high parapet walls above the safety walkway together
with absorptive central plenum forming a noise reduction plenum system on all
viaduct sections; and
(b) Floating Slab Track (FST) at
a resonant frequency of 16 Hz and low stiffness shear type base plates of at
least 13kN/mm shall be in the track form design throughout the tunnel wherever
there is existing or potential for future development along the alignment to
ensure no impact arising from the ground borne noise and
vibration. Low vibration track (LVT) shall be used on viaducts.
All mitigation measures set
out in the drawings shall be fully and properly implemented.
3.4 Prior to the operation of
the Project, the Permit Holder shall submit to the Director for approval 3 sets
of the performance test proposal to illustrate that the 12-car disc braked unskirted refurbished train shall meet the specification of
maximum level (Lmax) not exceeding 82.3dB(A)
at 130kph measured at 1.2 metres above ground and at
25 metres from the nearest track centerline of
at-grade ballasted tracks. The proposal shall include a performance
test to demonstrate that the air-conditioning unit of the train has a maximum
noise level not higher than 57dB(A) at a distance of
15 metres from the train. Before submission to
the Director, the performance test proposal shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the EIA Report.
3.5 Prior to the operation of
the Project, the Permit Holder shall carry out the performance test in
accordance with the approved performance test proposal and deposit with the
Director 3 sets of the performance test report, on the basis of Condition
3.4. Before submission to the Director, the performance test report
shall be certified by the ET Leader and verified by the IEC. All
measures as recommended in the performance test report shall be fully and
properly implemented.
Submission
of Drainage Layouts and Management Plan
3.6 The Permit Holder shall,
within one month after the commencement of construction of relevant part of the
Project, submit to the Director for approval 3 sets of the drainage system
layout and management plan for the relevant part of the works areas. The
submission shall include details of the facilities and measures to manage
pollution arising from surface runoff from the works areas and to reduce
surface runoff sediments and pollutants entering the
watercourses. Before submission to the Director, the drainage
layouts and management plan shall be certified by the ET Leader and verified by
the IEC as conforming to the information and recommendations contained in the
EIA Report. All measures as recommended in the approved drainage
plan(s) shall be fully and properly implemented by the Permit Holder and any
contractor working on the Project in accordance with the details set out in the
submission throughout the construction period.
Submission of the Waste
Management Plan (WMP)
3.7 The Permit Holder shall,
within one month after the commencement of construction of relevant part of the
Project, submit to the Director for approval 3 sets of Waste Management Plan
(WMP) for the relevant part of the works areas. Before submission to
the Director, the WMP shall be certified by the ET Leader and verified by the
IEC as conforming to the information and recommendations contained in the EIA
Report. The WMP shall describe the arrangements for avoidance,
reuse, recovery and recycling, storage, collection, treatment including
dewatering of spoil and disposal of different categories of waste to be
generated from the construction activities and shall indicate the disposal
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 waste shall only be disposed of at designated public filling areas
unless otherwise approved by the Director. All measures recommended
in the approved WMP shall be fully and properly implemented by the Permit
Holder and any person working on the Project throughout the construction
period.
3.8 No disposal of waste, spoil,
soil, excavated materials or materials alike arising from the Project shall be
allowed at any locations unless otherwise approved by the Director under
Condition 3.7. No such materials shall be dumped onto any
ecologically sensitive areas identified in the EIA Report, unless such
materials are necessary for the ecological enhancement measures required under
this Permit.
Submission of the
Contamination Assessment Plan (CAP)
3.9 No later than one month
before the commencement of construction at the potentially contaminated land as
stated in section 10.7.6 of the EIA Report, the Permit Holder shall
submit to the Director for approval 3 copies of the Contamination Assessment
Plan (CAP) with exact sampling locations and testing parameters. A
site investigation shall be carried out in accordance with the approved
CAP. If land contamination is confirmed by the site investigation,
the Permit Holder shall submit to the Director for approval 3 copies of a
Remediation Assessment Plan (RAP) including a Contamination Assessment Report
(CAR). All remediation actions in the approved RAP shall be fully
and properly implemented. No work on the identified potentially
contaminated sites shall be carried out unless and until the CAP and RAP
submitted under this condition are approved by the Director
Submission
of the Landscape Plan
3.10 The Permit Holder shall,
within six months after the commencement of construction of the Project, submit
to the Director for approval 3 sets of landscape plan(s), of scale 1 to 1000 or
other appropriate scale as agreed by the Director. The drawings
shall show the detailed landscape proposals based on the approved tree felling
application during the construction and operational stages of the Project as
stated in sections 12.10 to 12.11.10 of the EIA Report and shall
include an implementation programme of landscape
works, in particular not less than 4 hectares of compensatory planting within
the works boundary. The submission shall be certified by ET Leader and verified
by the IEC as conforming to the information and recommendations contained in
the EIA Report. Additional copies may be required by the
Director. All measures recommended in the approved landscape plan(s)
shall be fully and properly implemented in accordance with the details and time
schedule set out in the submission.
Measures to Mitigate Hydrological
Impacts
3.11 To minimize the hydrological
impacts during the construction of tunnel, the tunnel boring machine shall be
operated in Earth Pressure Balance mode throughout the tunnel drive at
the Long Valley area as shown in Figure 2 attached
to this Permit. The use of the Earth Pressure Balance mode of the
tunnel boring machine shall be recorded in the log-book as described in
Conditions 2.1 and 2.2 of this Permit.
3.12 The tunnel across
the Long Valley section as defined in Figure 3 shall
be constructed well clear of the main alluvial aquifer in accordance with the
vertical profile as indicated in the Figure.
3.13 Monitoring of groundwater
levels and surface settlement shall be carried out at defined locations and
frequencies as specified in the EM&A Manual.
3.14 No jet grouting from the ground
surface of Long Valley area as shown in Figure 2 attached to this Permit shall be allowed.
3.15 To promote drainage
subsurface flow of River Sutlej channel during tunnel construction, the
concrete block as shown in Figure 4 attached to
this Permit shall be installed with compensatory cross-over drainage.
Long Valley -
Hydrological Action Plan
3.16 The Permit Holder shall
implement the Action Plan as described in Appendix A of this Permit to prevent
and to deal with the circumstances when significant changes in groundwater
regime or surface settlements are identified by the monitoring programme at Long Valley as specified in the
EM&A Manual during construction of the Project.
Measures to Mitigate
Ecological Impacts
3.17 No construction access and
activities of the Project shall be allowed on the ground surface of Long Valley
area as shown in Figure 2 attached to
this Permit except for reinforcing drainage channel bunds, installing and
maintaining the piezometers for monitoring of groundwater, taking routine
readings of settlement markers and piezometers for groundwater or any other
activities as agreed by the Director.
3.18 To minimize disturbance to
the bat colony located at Chau Tau during the construction of the Project, a
continuous fixed hoarding of not less than 2.5 metre
high shall be erected around the contractor’s works area as indicated in Figure 5 of
this Permit.
3.19 To reduce aerial collisions
from birds, the design of Lok Ma Chau
station shall minimize the use of reflective materials (including glass) on
outer surfaces of the station.
3.20 Contractor access shall be
restricted to the works areas required for working along the whole alignment of
the Project and particularly at Lok Ma Chau and San Tin where work is required in fishponds,
unless otherwise agreed by the Director.
3.21 Temporarily impacted
fishponds within the works boundary and works areas as described in the
submission under Condition 2.6 shall be properly reinstated after construction
is completed.
Establishment of the Initial
Enhancement Areas
3.22 Not less than 15 hectares of
fishponds in Lok Ma Chau
(hereinafter be referred to as “initial enhancement areas”) as indicated
in Figure
6 attached to this Permit shall be established as
conforming to the criteria set out in the HCMP before the commencement of site
formation works for the Lok Ma Chau
station. The implementation of measures for the establishment of the
initial enhancement areas shall be certified by the ET Leader and verified by
the IEC. These measures shall include, but not limited to the
following: -
(a) reprofiling of pond levels to create shallow feeding habitats;
(b) fish stocking; and
(c) management of water levels.
Establishment of the Ecological Compensation Areas
3.23 An “ecological
compensation area” which shall include not less than 26.2 hectares of fishponds and 0.9 hectares of marshland as indicated in Figure 7 attached to this
Permit shall be properly maintained as conforming to the criteria set out in
the approved HCMP. These measures shall include, but not limited to the
following: -
(a) enlarging small fishponds to reduce
enclosure effects;
(b) reprofiling of fishpond bunds to provide shallow sloping margins to
increase feeding opportunities and the availability of fish and invertebrate
prey to birds;
(c) establishing marginal emergent
vegetation; and
(d) manipulating fish stocking, feeding/fertilising regime and drain-down to optimise
food availability for birds.
Establishment of the Marshland
3.24 Not less than 4.2 hectares of marshland and 0.7 hectares of reedbed at locations indicated in Figure 8 attached to this Permit shall be properly
maintained as conforming to the criteria set out in the approved HCMP.
Measures to Mitigate Construction Noise Impacts
3.25 Throughout the construction
period of the Lok Ma Chau
Road widening work, the following construction noise mitigation measures
shall be implemented at the Lok Ma
Road section:
(a) Acoustic
blanket constructed with 50mm thick fiberglass lining (at
least 12 kg/m2) with 1mm thick steel backing shall be
secured on noisy part of backhoe, lorry with crane, vibratory compactor,
asphalt paver and vibratory roller as indicated in Appendix 2 of the
Construction Noise Impact Assessment report submitted as part of the
Application No. VEP-128/2003.
(b) The
asphalt paver to be used shall be BITELLI BB670 Finisher Paver or of equivalent
sound power level of 103dB(A).
3.26 No movement of spoil to any
areas other than the works areas as indicated in the layout plans deposited
under Condition 2.6 shall be carried out during restricted hours.
Measures to Mitigate Rail Noise Impacts
3.27 To mitigate the railway
noise impacts along the section north of Sheung Shui Station, the Permit Holder shall install and maintain
:-
(a) a 300 metre
long absorptive cantilevered-type noise barrier with a 5.8 metre
tall vertical panel above rail head and a 3.6 metre
long incline on top at 60 degree; and
(b) a 300 metre
long vertical and adsorptive noise barrier with a height of 5 metre above rail head.
as indicated in Figure 9 attached to this
Permit. The noise barrier shall be a continuous structure with no
gap.
3.28 All noise mitigation
measures as recommended in the submission deposited under Condition 3.3 shall
be fully and properly implemented.
Measures to Mitigate Water
Quality Impacts
3.29 Prior to the operation of
the sewage treatment plant at the Lok Ma Chau station, the Permit Holder shall establish not less
than 4.65 hectares of reedbed/marsh area at location
indicated in Figure 10 attached to
this Permit. The reedbed/marsh area shall
include at least 2 hectares of reedbed for wastewater
polishing purpose. The implementation of measures for the
establishment of the reedbed/marsh area shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA report.
3.29(A) A Reedbed Cell No. 3A as indicated
in Figure
10A shall be established to temporarily replace the water
polishing function of Reedbed Cell No. 3 during
construction of the Direct Link under the project “Development of Lok Ma Chau Loop” (EIAO Register
No. AEIAR-175/2013) at Reedbed Cell
No. 3 location. Reedbed Cell No. 3 shall be
reinstated within 3 months after completion of the construction works of the
Direct Link at Reedbed Cell No. 3 location.
3.29(B) A Pilot Test for the wastewater polishing effectiveness of Reedbed Cell No. 3A shall be conducted at least 3
months prior to isolation of Reedbed Cell No. 3 from
the other reedbed cells. A Pilot Test Plan and the
test report shall be submitted to the Director for approval at least 1 month
before the test and within 1 month after completion of the test respectively.
If the Pilot Test confirmed Reedbed Cell
No. 3A cannot replace the water polishing function of Reedbed Cell No. 3, alternative wastewater treatment method
such as package wastewater treatment plant shall be proposed for the Director’s
approval. Reedbed Cell No. 3A or the
alternative approved wastewater treatment method shall be fully and properly
implemented before commencement of construction works of the Direct Link at Reedbed Cell No. 3 location.
3.30 To prevent contamination of
groundwater, biodegradable and non-toxic foam agents as approved under
Condition 2.7 shall be used throughout the tunnel construction of the Project.
3.31 Works in River Sutlej and
for diversion of Chau Tau Channel shall be carried out in the dry season (from
November to March) only.
3.32 To mitigate environmental
impacts due to site runoff and other potential water pollution caused by
construction activities, all mitigation measures as recommended in the approved
drainage layouts and management plan under Condition 3.6 shall be fully and
properly implemented throughout the construction period.
Measures to Mitigate
Cultural and Heritage Impacts
3.33 A testing programme on the archaeological and historical resources
shall be carried out prior to construction around the East Emergency Access
Point (EAP) south of Ho Sheung Heung and the Kwu Tung Station box sites. The testing programme including the number and location of auger
testing and test pit excavation shall be agreed with the Director before
implementation. Any recommended mitigation measures which may be as a result of
the findings from the testing programme, shall also
be agreed with the Director before implementation.
Measures to Mitigate Landscape and Visual Impacts
3.34 To mitigate landscape and
visual impacts of the Project, mitigation measures described in Appendix B of
this Permit shall be fully and properly implemented throughout the construction
period.
Establishment of the Wildlife Corridor
3.35 Prior to the operation of
the Lok Ma Chau station,
the Permit Holder shall construct a wildlife corridor to allow free movement of
mammal from the San Tin Eastern Channel area to the eastern side of the station
access road. The corridor shall comprise a 300mm wide ledge along the
northern embankment of the Ha Wan Nullah and a tunnel
passing underneath the station access road as shown in Figure 11.
The tunnel shall have a diameter of no less than800mm and be situated at
least 200mm above the storm flow level of the Ha Wan Nullah. Mammal barrier shall be provided along the station
access road at locations shown in Figure 11 and
conforming to one of the three designs show in Figure 11.
Measures
to Mitigate Traffic Noise Impact
3.36 To mitigate traffic noise at Lok Ma Chau Road after
operation of the public transport interchange at the Lok
Ma Chau station, 0.8m high parapet wall
shall be installed along the Lok Ma Chau Road at locations shown in Figures 12 and 13.
24-hour Dedicated Hotline
for Public Complaints and Enquiries
3.37 The Permit Holder shall set
up a 24-hour hotline dedicated to the Project to receive and respond to
complaints or enquiries from the public, the media and community groups
throughout the construction period of the Project. The Permit Holder
shall display conspicuously the telephone number of the 24-hour hotline on the
construction site(s) at all vehicular site entrances/exits or at a convenient
location for public information at all times.
4. Measures
During Operation of the Project
Monitoring the Effectiveness
of Ecological Mitigation Measures
4.1 The Permit Holder shall be
fully responsible for monitoring and reviewing the effectiveness of the
ecological mitigation measures specified in Conditions 3.22, 3.23 and
3.24. The monitoring and review process shall be an integral part of
the HCMP and shall include the following specific requirements: -
(a) annual preparation of a Monitoring
Report detailing results of key abiotic and biotic parameters monitored during
the previous year. These shall cover the achievement of targets, any targets not met and limit thresholds exceeded,
together with measures taken to resolve exceedences. This
shall include the requirement for adaptive modifications to the HCMP if
required;
(b) a Five-yearly review porgramme for the HCMP, which shall include both
qualitative and quantitative review of management objectives and targets,
together with measures necessary to accomplish any revised objectives, and
targets that are set, shall be submitted for the Director’s approval; and
(c) the Monitoring Report
specified in Condition 4.1(a) above shall be a public document available to
concerned parties, whilst the Five-yearly review specified in Condition 4.1(b)
above shall be prepared in consultation with stakeholders including, but not
limited to relevant Government Departments and ACE.
Long
Term Management of the Ecological Mitigation Measures
4.2 In order to ensure that the
ecological mitigation measures stated in the HCMP are successfully implemented
and maintained, the Permit Holder shall be fully responsible for: -
(a) establishing, managing,
maintaining, monitoring and auditing the ecological mitigation measures in
accordance with the provisions of the HCMP during the entire period of life of
the Project; and
(b) reporting at least once
every six months, unless otherwise agreed by the Director, to the Environmental
Committee set up under Condition 2.8 of this Permit on the progress of the ecological
mitigation measures; and
4.3 For the purpose of this
Condition, the Permit Holder shall be fully responsible for the performance not
only of its own employees but also of all his contractors and sub-contractors
in relation to all activities involved in, or connected with, the aims and
objectives set out in Condition 4.2 above.
Further Ecological Mitigation Measures
4.4 The Permit Holder shall, if
required by the Director, implement further measures to compensate for any net
loss of ecological functions, resulting from the loss of the fishponds at Lok Ma Chau, if the proposed
management measures fail to deliver the specified results as stated in the EIA
report.
Further Traffic Noise Mitigation Measures
4.5 The Permit Holder shall, if
required by the Director, carry out further assessments and implement further
noise mitigation measures if the traffic volume using the Lok Ma Chau Road exceeds
that assumed in s.2.1.2 and Table B5 of the Environmental Assessment Report
attached to the Application VEP-126/2003.
5. Environmental Monitoring and
Audit of the Project
5.1 The
EM&A programme shall be implemented as set out in
the EM&A Manual approved under Condition 2.3. Any changes to the
EM&A programme shall be justified by the IEC as
conforming to the requirements set out in the EM&A Manual and shall be
submitted to the Director for approval.
5.2 Two
hard copies of the Baseline Monitoring Report and one electronic copy in the
formats as specified in Condition 6.1 below shall be submitted to the Director
at least two weeks before the commencement of any construction works of the
Project. Additional copies of the submission shall be provided to
the Director upon request from the Director.
5.3 Two
hard copies and one electronic copy of monthly EM&A Reports shall be
submitted to the Director within 2 weeks after the end of the reporting
month. Additional copies of the submission shall be provided to the
Director upon request from the Director.
5.4 The
Permit Holder shall report at least once every six months, unless otherwise
agreed by the Director, to the ACE on the progress of the monitoring work and
the findings. The monitoring plan as specified in the EM&A Manual shall be
based on baseline data that is relevant to the project area and updated in line
with best practice.
5.5 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, the approved EM&A Manual, the approved HCMP and all submissions
and all 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 6.2 below, in the shortest possible
time and in no event later than 2 weeks after such information is available.
5.6 Within three months of the
commencement of construction of the Project, the Permit Holder shall install
and thereafter maintain a system of web cameras covering all major works areas
and ecological enhancement areas in Lok Ma Chau. The system shall provide real time visual
monitoring of the site condition accessible by public through the dedicated web
site set up by the Permit Holder under Condition 6.2. Within one
month of the commencement of construction of the Project, the Permit Holder shall
propose a plan and a system of web cameras for the Director’s agreement.
5.7 All environmental monitoring
and audit results submitted under this Permit shall be true, valid and correct.
5.8 The actions described in the
Event/Action Plans of the EM&A Manual shall be fully and properly carried
out, in accordance with the time frame(s) set out in the Event/Action Plan, or
as agreed by the Director.
6. Electronic
Reporting of EM&A Information
6.1 To facilitate public
inspection of the Baseline Monitoring Report and monthly EM&A Reports via
the EIA Ordinance Internet Website and at the EIA Ordinance Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 5.2
and 5.3 of this Permit. For the HTML version, a content page capable
of providing hyperlink to each section and sub-section of the EM&A Reports
shall be included in the beginning of the document. Hyperlinks to
all figures, drawings and tables in the EM&A Reports shall be provided in
the main text from where the respective references are made. All
graphics in the report shall be in interlaced GIF format unless otherwise
agreed by the Director. The content of the electronic copies of
these Reports shall be the same as the hard copies.
6.2 The Permit Holder shall, set
up a dedicated web site and notify the Director in writing the internet address
where the environmental monitoring and project data is to be placed, within six
weeks after the commencement of construction of the Project. All
environmental monitoring data described in Condition 6.1 above shall be made
available to the public via a dedicated web site to be set up by the Permit
Holder in the shortest possible time and in no event later than 2 weeks after
the relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director.
6.3 The internet website as
described in Condition 6.2 above shall enable user-friendly public access to
the monitoring data and project data including the EIA report and 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;
(b) searching by date;
(c) searching by types of monitoring data
(air quality and construction waste); and
(d) hyperlinks to relevant monitoring data
after searching;
or otherwise as agreed by the Director.
Environmental Permit No. EP-129/2002/H
環境許可證編號 EP-129/2002/H
Notes :
1. This Environmental Permit
consists of three parts, namely, Part A (Main
Permit), Part B (Description
of Designated Project) Part
C (Permit Conditions). Any person relying on
this Permit should obtain independent legal advice on the legal implications
under the Ordinance, and that the following notes are for general information
only.
2. If there is a
breach of any condition of this Permit, the Director or his authorised
officer may, with the consent of the Secretary, 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 authorised officer.
3. The Permit Holder may apply
under Section 13 of the Environmental Impact Assessment Ordinance (the
“Ordinance”) to the Director for a variation of the conditions of this
Environmental Permit. The Permit Holder shall replace the original
Permit displayed on the construction site, by the amended Permit.
4. A person who assumes
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 Environment,
Transport and Works, suspend, vary or cancel this Permit. The Permit that has
been suspended, varied or cancelled shall be removed from the display at the
construction site.
6. If this Permit is cancelled
or surrendered during the construction or operation of the Project, another
environmental permit must be obtained under the Ordinance before the Project
could be continued. It is an offence under Section 26(1) of the
Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid
environmental permit.
7. Any person who constructs or
operates the Project contrary to the conditions in the Permit, and is convicted
of an offence under the Ordinance, is liable :
(i) on a first conviction of
indictment to a fine of $2 million and imprisonment for 6 months;
(ii) on a second or subsequent
conviction on indictment to a fine of $5 million and imprisonment for 2 years;
(iii) on a first summary conviction
to a fine at level 6 and imprisonment for 6 months;
(iv) on a second or subsequent
summary conviction to a fine of $1 million and 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 that 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
1A Figure 1B | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9 | Figure 10 | Figure
10A | Figure 11 | Figure 12 | Figure 13 |
[ Back to First Page ] / [
Back to Main Index ]
Appendix A
Long Valley - Action Plan for Potential Changes in Groundwater
Regime or Surface Settlement during Construction
(Extracted from Table 3.3 of the EIA Report)
|
Prescriptive Action |
Available Measures |
|
Pre-emptive |
Install a suite of
piezometers (4 pairs) that straddle the tunnel alignment and monitor
groundwater cycles for 24hr periods during peak Spring and Lowest Neap tide
cycles at the beginning and end of the Wet and Dry Seasons throughout the
year preceeding tunnel construction. Undertake additional
monitoring cycles to cover unusual periods of activity such as the passage of
a major storm and flood event or the prolonged operation of the downstream
fabridam so as to exclude tidal variation. Consult the District
Council and establish a Long Valley Action Committee amongst the working
farmers to keep them informed at all times of works progress and agree an
Event Action Plan. Clean out main channel
serviced by Agriculture, Fisheries and Conservation Department (AFCD)
fabridam and downstream watercourse. Pre-empt any problems with
the main mid-Long Valley watercourse through inspection, cleaning of
accumulated silt and re-inforcement of known weak points and sharp changes of
direction. Set up a planned
Contingency Agreement and Action Plan with AFCD and Water Services Department
so that the full benefits of the installed fabridams can brought to bear
promptly should the need ever arise. Work with AFCD to
increase the degree of inflation of the River Beas Fabridam so as to be able
to divert more flow into Long Valley and carry out a trial run
of same checking the influence and performance downstream
within Long Valley. Upon commencement of
tunnelling, work with the local farmers to raise and reinforce bund levels
by 100mm at all points where the mid-Long Valley watercourse
traverses a tunnel alignment. |
|
Response to observed
changes in the ground conditions and significant measured changes in the
control piezometers |
In consultation with the
farmers, increase available irrigation flows originating at the AFCD fabridam
by resetting sluice levels at the take off point and adjusting the
proportions of the downstream bypass overflows back to the Beas. Pump over from the Beas
or Sutlej rivers into the larger seasonal watercourses to make up
any continuing water shortfall, should such occur. This could include pumping
up to the main AFCD irrigation channel as was done during the period of
construction of the drainage improvement project on Beas and Sutlej Channels
carried out by the Drainage Services Department (DSD). Work with the farmers to
supply and stockpile materials suitable for local bund raising should the
need occur. New sandbags to be stored on site ready for issue. Additional
pumps and flexible delivery hose to be provided on stand- by. Arrange additional pumping
to maintain continuous but moderate flows in the normally dry irrigation
channels, delivering water throughout the complicated channel network across
the tunnel alignment including possible local recharge of disused wells. |
|
Additional Actions available
to combat an emergency |
To overcome a worst case
scenario of a temporary general lowering of the groundwater raise the
downstream fabridam operated by Water Services Department (WSD) to impound
the Beas, Sutlej and Indus rivers flooding the alluvial aquifer across the
Long Valley floor to temporarily create the effect of a standing high tide or
surge. This form of impounding is a permanent design function of the WSD
fabridam, albeit implemented for a non WSD purpose. |
Appendix B
Measures to Mitigate Landscape and Visual Impacts During Construction
At all parts of all works areas and construction sites, and throughout the
full duration of the construction contract(s), the following mitigation
measures shall be implemented to minimise the landscape and visual impact of
the construction works:
(i)
control of night time lighting;
(ii)
erection of decorative screen hoarding;
(iii)
advance planting for screening;
(iv)
minimising the height of temporary
buildings;
(v)
careful positioning of construction plant;
(vi)
regular checks shall be carried out to ensure that the work site
boundaries are not exceeded and that no damage is being caused to the
surrounding areas;
(vii)
temporary construction sites shall be restored to standards as good as, or
better than, the original condition;
(viii)
replanting of disturbed vegetation shall be undertaken and this shall use
predominantly native plant species;
(ix)
topsoil shall be stripped and stored for re-use in the construction of the
soft landscape works;
(x)
the locations of work sites associated with the proposed development shall
be carefully selected to minimise the potential landscape and visual impacts of
the proposed construction works; and
(xi)
the potential for soil erosion
shall be reduced at construction stage by minimising the extent of vegetation
disturbance on site and by providing a protective cover (e.g. plastic sheeting
or a grass cover established by hydroseeding) over any exposed ground.