Environmental Permit No. EP-399/2010/C
環境許可證編號 EP-399/2010/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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 EIA Ordinance), the Director of Environmental
Protection (the Director) granted the Environmental Permit (No. EP-399/2010) to MTR CORPORATION LIMITED (hereinafter
referred to as the “Permit Holder”) on 27 September 2010. Pursuant to
Section 13 of the EIA Ordinance, the Director amends the Environmental Permit
(No. EP-399/2010/B) based on the Application No. VEP-462/2015. The amendments described
below, are incorporated into this Environmental Permit (No. EP-399/2010/C). This Environmental Permit
as amended is for the construction and operation of the designated project
described in Part B subject to the conditions specified in
Part C. The issue of this environmental permit is based on
the documents, approvals or permissions described below:
根據《環境影響評估條例》（環評條例）第10條的規定，環境保護署署長（署長）於 2010 年 9月 27日將環境許可證 (編號: EP-399/2010) 批予香港鐵路有限公司（下稱“許可證持有人”）。根據環評條例第13條的規定，署長因應更改環境許可證的申請編號VEP-462/2015 修訂環境許可證 (編號: EP-399/2010/B)。以下修訂已包含在本環境許可證內 (編號: EP-399/2010/C)。本經修訂的環境許可證作為建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
|
Application
No. 申請書編號： |
VEP-462/2015 |
|
Document in
the Register: 登記冊上的文件： |
(1) Kwun Tong Line
Extension Environmental Impact Assessment (EIA) Report, Environmental
Monitoring and Audit (EM&A) Manual, and Executive Summary (Register
No.: AEIAR-154/2010) [Hereinafter referred to as the “EIA Report”] (1) 觀塘綫延綫環境影響評估（環評）報告，環境監測及審核手冊，及行政摘要 (登記冊檔號: AEIAR-154/2010) [下稱 “環評報告”] |
|
Document in
the Register: 登記冊上的文件： |
(2) The Director’s letter of approval of the EIA
Report dated 19 August 2010 [Ref.: EP2/G/A/ (2)
署長於 (3) Application
document submitted by the Permit Holder on 31 August 2010 (Application No.
AEP-399/2010) (3) 許可證持有人於 (4) Environmental Permit issued on 27
September 2010 (Permit No. EP-399/2010). (4) 於 (5) Application for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 9 November 2010 (Application No. VEP-329/2010). [Hereafter referred to as “the
Application No. VEP-329/ (5) 許可證持有人於 [下稱 “申請書編號: VEP-329/ (6) Environmental Permit issued on 1 December
2010 (Permit No. EP-399/2010/A). (6) 於 (7) Application for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 15 May 2012 (Application No. VEP-363/2012). [Hereafter referred to as “the
Application No. VEP-363/ (7) 許可證持有人於 [下稱 “申請書編號: VEP-363/ |
|
Document in
the Register: 登記冊上的文件： |
(8)
Environmental Permit issued on 7 June 2012 (Permit No.
EP-399/2010/B). (8) 於 2012年6 月7日簽發的環境許可證 (許可證編號: EP-399/2010/B)。 (9)
Application for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 5 January 2015
(Application No. VEP-462/2015). [Hereafter referred to as “the Application No. VEP-462/2015”] (9)
許可證持有人於 2015年
1 月 5 日提交的更改環境許可證申請包括所有附件 (申請書編號
VEP-462/2015)。 [下稱 “申請書編號:
VEP-462/2015”] |
|
Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-329/2010 |
9 November
2010 |
Vary
Conditions 1.7, 4.6 and Vary Figures 1 and 2 of Environmental Permit No.
EP-399/2010 |
1 December 2010 |
|
|
2010年 |
更改環境許可證編號 EP-399/2010，C部的條件第 1.7，4.6及4.9 項 |
2010年 |
|
VEP-363/2012 |
15 May 2012 |
Vary
Conditions 1.7, 4.6 and Vary Figures 1 and 2 of Environmental Permit No.
EP-399/2010/A |
7 June 2012 |
|
|
2012年 |
更改環境許可證編號 EP-399/2010/A，C部的條件第 1.7，4.6及4.9 項 更改環境許可證編號 EP-399/2010/A的圖1及2 |
2012年 |
|
VEP-462/2015 |
5 January
2015 |
Vary Condition
4.3 in Part C of Environmental Permit No. EP-399/2010/B to include additional types of rail trackform. Vary Condition
4.5 in Part C of Environmental Permit No. EP-399/2010/B to include an additional type of train
(C-stock trains). |
26 January 2015 |
|
|
2015年 1月5日 |
更改環境許可證編號 EP-399/2010/B，C部的條件第 4.3 項，以包括新增的鐵路軌道類型。 更改環境許可證編號 EP-399/2010/B，C部的條件第 4.5 項，以包括新增的列車類型(C-stock型列車)。 |
2015年 1月26日 |
|
26 January 2015 |
|
|
|
Date 日期 |
|
(Ken Y.K.
WONG) Principal Environmental
Protection Officer for Director
of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光代 行) |
PART B (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
(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 |
Kwun Tong Line Extension [This
designated project is hereinafter referred to as “the Project”] 觀塘綫延綫 [這指定工程項目下稱“工程項目”] |
|
Nature of
Designated Project |
The Project is a Designated Project (DP) under the
EIA Ordinance with the following DP elements: -
A railway and its associated stations
(Item A.2 of Part 1 of Schedule 2 of the EIAO); -
A railway tunnel more than -
Underground rock caverns (Item Q.2 of
Part 1 of Schedule 2 of the EIAO) (Referred in the EIA Report (Register No.
AEIAR-154/2010) as Station Platform); -
Facility for treatment of construction
waste (a) with a designated capacity of not less than 500 tonnes
per day; and (b) a boundary of which is less than -
An explosives depot in a stand-alone,
purpose built building (Item K.10 of Part 1 of Schedule 2 of the EIAO) 根據環評條例，本工程項目包含了下列屬於指定工程項目的元素： -
鐵路及其相聯車站 (「環評條例」附表2第I部A.2項)； -
入口之間的長度超過 -
地下石洞 (「環評條例」附表2第I部Q.2項) (環評報告 (登記冊檔號: AEIAR-154/2010) 中稱為車站月台)； -
建築廢物處理設施，而 (a) 其設計的處理能力每天不少於500公噸；及 (b) 其一條界線距離一個現有的或計劃中的 ─ (i) 住宅區；(ii) 禮拜場所；(iii)
教育機構；或 (iv) 健康護理機構，少於 -
在某一單獨、特建的建築物內的爆炸品倉庫 (「環評條例」附表2第I部K.10項) |
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Location of
Designated Project 指定工程項目的地點 |
The location of the Project is shown in Figure 1 attached to this Permit. 工程項目的位置見載於本許可證夾附的圖1。 |
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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 an approximately 興建和運作一條長約 |
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 Dangerous Goods Ordinance (Cap.
295). 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 or the documents referred to in Part A of the
Permit readily available at all times for inspection by the Director or his
authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall
include all documents referred to in the Permit and also the relevant documents
in the Register.
1.4
The Permit Holder shall
give a copy of this Permit to the person(s) in charge of the site(s) and ensure
that such person(s) fully understands all conditions and all requirements
incorporated by the Permit. The site(s) refers to site(s) of construction and
operation of the Project and shall mean the same hereafter.
1.5
The Permit Holder shall
display conspicuously a copy of this Permit on the 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 descriptions
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 all recommendations described in the EIA
Report (Register No.: AEIAR-154/2010), the application documents for
environmental permits, other relevant documents in the Register, the
information or mitigation measures described in this Permit, mitigation
measures to be recommended in submissions that shall be deposited with or
approved by the Director as a result of permit conditions contained in this
Permit, and mitigation measures to be recommended under on going surveillance
and monitoring activities during all stages of the Project. Where
recommendations referred to in the documents of the Register are not expressly
referred to in this Permit, such recommendations are nevertheless to be
implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All
deposited submissions, as required under this Permit, shall be rectified and
resubmitted in accordance with the comments, if any, made by the Director
within one month of the receipt of the Director’s comments or otherwise 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 (Cap. 499). All submissions or any variation of the
submissions shall be certified by the Environmental Team (ET) Leader and
verified by the Independent Environmental Checker (IEC) referred to in
Conditions 2.1 and 2.2 below, before submitting to the Director under this
Permit.
1.10 The Permit Holder shall
release all finalised 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 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 finalised submissions required under this Permit shall be prepared in
Hyper Text Markup Language (HTML) (version 4.0 or
later) and in Portable Document Format (PDF version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hardcopies.
1.12 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
1.13 For the purpose of this
Permit, “commencement of construction” does not include works related to site clearance
and preparation, or other works as agreed by the Director.
1.14 The Permit
Holder shall notify the Director in writing the commencement date of operation
of the Project no later than one month prior to the commencement of operation
of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date of the operation.
2.
Submissions or
Measures before Commencement of Construction of the Project
2.1 An Environmental Team (ET) shall be established by the Permit Holder no
later than one month before the commencement of construction of the Project.
The ET shall not be in any way an associated body of 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 shall include a Registered Landscape
Architect to audit the implementation of landscape impact mitigation measures
to ensure compliance with the recommendations of the EIA Report (Register No. AEIAR-154/2010). 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
(Register No. AEIAR-154/2010) 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 (Register No. AEIAR-154/2010) 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 Independent Environmental Checker (IEC) shall be employed by the Permit
Holder no later than one month 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 (Register No. AEIAR-154/2010) 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.
2.3 The Permit
Holder shall no later than one month before the commencement of construction of
the Project inform the Director in writing the management organization of the
main construction companies and/or any form of joint ventures associated with
the construction of the Project. The submitted information shall include at
least an organization chart, names of responsible persons and their contact
details.
2.4 The Permit
Holder shall no later than one week before the commencement of construction of
the Project deposit with the Director five hard copies of layout drawing(s) of
the Project in scale of at least 1:1000 with explanatory statement showing the
Project boundary, the Project alignment, and associated works areas and works
sites locations.
2.5 The Permit Holder shall
set up a hotline prior to the commencement of construction and during the
construction of the Project to service complaints, comments, suggestions or
requests for information. The Permit Holder shall notify the Director the date
of setting up the hotline at least 2 weeks before the commencement of
construction of the Project.
3. Submissions or
Measures during Construction of the Project
Measures to Mitigate
Construction Noise Impact
3.1 The
following measures shall be implemented to mitigate construction noise impact to
sensitive receiver(s) during construction of the Project:
(i)
Quiet powered mechanical equipment (PME) (as
listed in S.
(ii)
Fixed noise barriers, with surface density of at
least
(iii)
Temporary noise barriers, with surface density of
at least
(iv)
Enclosures with covers at top and three sides,
with surface density of at least
(v)
Acoustic fabric of a noise reduction of not less
than 10dB(A) shall be used where practicable for silent piling system,
vibratory hammer, drill rigs, rock drill;
(vi)
Silencers
and mufflers shall be properly fitted on the ventilation fans to mitigate noise
from ventilation fans operation during construction of the Project
3.2 Project
excavation areas at Whampoa Station shall be decked as shown in the schematic
configuration in Figure 2 during
excavation works to mitigate construction noise impact.
3.3 Noise
enclosures of a noise reduction of not less than 15dB(A) as shown in the
schematic configuration in Figure 3
shall be provided during the mucking out activities for the three muckout points at the works sites at Gascoigne Road Rest
Garden, Wylie Road Ancillary Building (WAB), and Fat Kwong
Street Playground to mitigate construction noise impact.
3.4 Noise
enclosures of a noise reduction of not less than 15dB(A) as shown in the
schematic configuration in Figure 4
shall be provided for the two temporary rock crushing facilities at the Hung Hom Barging Point to mitigate the noise generation during
the construction of the Project. Noise enclosure of similar schematic
configuration shall also be applied to the temporary backup rock crushing
facility, if any, at the Ho Man Tin Station works site.
Measures to Mitigate
Construction Water Quality Impact
3.5 There shall
be no construction of marine structures, no marine works, no dredging works, no
pontoon moorings, and no seawall modification works for the establishment of
the barging point at Hung Hom Finger Pier.
3.6 There shall
be no construction of marine structures, no dredging woks, no piling works, and
no marine works for the establishment of the temporary magazine site at Tseung Kwan O Area 137.
Reconnaissance Site Visit
to the Kerosene Store at
3.7 The Permit
Holder shall carry out reconnaissance site visit to the kerosene store at
(i) Three
sets of Supplementary Contamination Assessment Plan (CAP) after the completion
of the reconnaissance site visit to the kerosene store at
(ii) Three
sets of Supplementary Contamination Assessment Report (with Remediation Action
Plan if contamination is confirmed) as soon as possible after the approval of
the CAP by the Director under the above Condition 3.7(i);
(iii) Three sets
of Remediation Report after the completion of the remediation works recommended
by the approved Remediation Action Plan (if any) under the above Condition
3.7(ii).
No work on the identified
potentially contaminated sites shall be carried out unless and until the above
submissions are approved by the Director.
4. Submissions or
Measures for Operation of the Project
Measures to Mitigate
Operational Noise Impact
4.1 Within one month of the
completion of tunnel excavation for the Project, the Permit Holder shall
deposit with the Director five sets of Review Plan for the review of the
proposed mitigation measure for operational ground borne noise (including the
verification of the Line Source Response and ground vibration condition) assumed
in the EIA Report (Register No. AEIAR-154/2010) to justify the adequacy of the
proposed operation ground borne noise mitigation measure (direct fix system
with direct fixation baseplates of vertical stiffness of approximately 25kN/mm)
in the EIA Report (Register No. AEIAR-154/2010). Before
submission to the Director, the Review Plan shall be certified by the ET Leader
and verified by the IEC.
4.2 The Permit
Holder shall carry out the review of the proposed mitigation measure for operation
ground borne noise (including the verification of the Line Source Response and
ground vibration condition) assumed in the EIA Report (Register No. AEIAR-154/2010) in accordance with the Review Plan deposited with
the Director under Condition 4.1 of this Permit. Within three months
after the completion of tunnel excavation for the Project or no later than two
months prior to the installation of rail tracks for the Project, whichever is
the sooner, the Permit Holder shall deposit with the Director five sets of
Review Report (including the verification result of the Line Source Response
and ground vibration condition) to justify the adequacy of the proposed
operation ground borne noise mitigation measure (direct fix system with direct fixation baseplates of
vertical stiffness of approximately 25kN/mm) in the EIA Report. Before
submission to the Director, the Review Report shall be certified by the ET
Leader and verified by the IEC. Any necessary measure(s) as recommended in the
Review Report shall be fully implemented.
4.3 Within one month
after the completion of installation of the rail tracks, the Permit Holder
shall deposit five copies of as-built drawing(s) for the operation ground borne
noise mitigation measure. The as-built drawing(s) shall be certified by the ET
Leader and verified by the IEC as conforming with the
recommendation of the EIA Report (Register No. AEIAR-154/2010) and other
relevant documents in the
Register as highlighted below or any necessary measure(s) recommended in the
Review Report deposited with the Director under Condition 4.2 of this Permit:
(i)
The tracks implemented under this Project shall
be supported on Resilient Baseplated Trackform, Baseplated Concrete Tie Trackform,
Vanguard Trackform, and/or Floating Slab Track, which
have vertical stiffness not more than 25 kN/mm;
(ii)
The existing tracks from Yau
Ma Tei Station to chainage
10000 shall be supported on
the existing trackform, Resilient Baseplated
Trackform, Baseplated
Concrete Tie Trackform, Vanguard Trackform,
and/or Floating Slab Track, which have vertical stiffness not
more than 60 kN/mm.
4.4 The Permit Holder shall carry out
noise performance test in accordance with the operational ground borne noise
monitoring requirements in the EM&A Manual of the EIA Report (Register No. AEIAR-154/2010). At least two months before the commencement
of operation of the Project, the Permit Holder shall deposit with the Director
five sets of hard copy of the Noise Performance Test Report. Before submission
to the Director, the Noise Performance Test Report shall be certified by the ET
Leader and verified by the IEC. Any necessary measure(s) as recommended in the
Noise Performance Test Report shall be fully implemented.
4.5 Only 8-cars M-stock trains, 8-cars K-stock trains, and/or 8-cars C-stock trains shall be deployed in the Project, subject to full and proper
implementation of the measures, if any, recommended in the Noise Performance Test Report deposited under Condition 4.4 above. The
maximum train frequency operating in the Project from hour 0700 to 2300 shall not
exceed 34.3 trains per hour in each direction. The maximum train frequency
operating in the Project from hour 2300 to 0700 shall not exceed
17.1 trains per hour in each direction.
The total length of the trains shall be approximately 194m.
4.6 At least one month before the commencement of
operation of the Project, the Permit Holder shall carry out audit and confirm
in writing to the Director that the
design of the fixed plant noise sources associated with the Project complies
with the maximum sound power levels determined in the EIA Report (Register No. AEIAR-154/2010) and all relevant documents in the Register.
The noise emitted from the fixed noise sources shall be free of the
characteristics of tonality, impulsiveness and intermittency. The
audit report shall be certified by the ET Leader and verified by the IEC.
Measures to Mitigate Operational Water Quality
Impact
4.7 There shall be no sea water-cooled
chiller plant for the Project and no spent coolant discharge to marine water
due to the Project.
4.8 At least one month before the
commencement of operation of the Project, the Permit Holder shall carry out
audit and confirm in writing to the Director that all tracks are contained in
concrete tunnel box with tunnel wall equipped with water-tight liner. The audit
report shall be certified by the ET Leader and verified by the IEC.
Measures to Mitigate
Landscape and Visual Impact
4.9 To reduce the landscape
and visual impact during operation stage of the Project, the Permit
Holder shall, at least one month before the commencement of landscape / visual
treatment works of the Project, deposit with the Director five hard copies and
one electronic copy of landscape and visual plan(s). The landscape and
visual plan(s) shall show the design details, locations, implementation programme, maintenance and management schedules, and
drawings in the scale of 1:1,000 or other appropriate scale of the landscape
and visual mitigation measures of the Project. Before submission to the
Director, the landscape and visual plan(s) shall be certified by the Registered
Landscape Architect in the ET referred to in Condition 2.1 and the ET Leader
and verified by the IEC as conforming to the relevant information and
recommendations contained in the approved EIA Report (Register No. AEIAR-154/2010) and all relevant documents in the Register.
All visual and landscape mitigation measures recommended in the finalised submission(s) under this Condition shall be fully
implemented.
5. Environmental
Monitoring and Audit Requirements
5.1 The EM&A programme shall be
implemented in accordance with the procedures and requirements as set out in
the EM&A Manual. Any changes to the 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 before submission to the Director
for approval.
5.2 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.
5.3 Five hard
copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least one month before commencement of
construction of the Project. The submission shall be certified by the ET Leader
and verified by the IEC. Additional copies of the submission shall be made
available to the Director upon his request.
5.4 Five 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
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.
5.5 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
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 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 5 of this Permit. For the
HTML version, a content page capable of providing hyperlink to each section and
sub-section of these Reports shall be included in the beginning of the
document. Hyperlinks to all figures, drawings and tables in these Reports shall
be provided in the main text from where the respective references are made. All
graphics in these Reports shall be in interlaced GIF format unless otherwise agreed
by the Director. The content of the electronic copies of these Reports must be
the same as the hardcopies.
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 5 above shall be made
available to the public via a dedicated web site to be set up by the Permit
Holder in the shortest possible time and in no event later than 2 weeks after
the relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director.
6.3 The Internet website as described in Condition
6.2 above shall enable user-friendly public access to the monitoring and
project data including the EIA report and the environmental permit(s) and the
project profile of the Project. The Internet website shall have features
capable of:
(a)
providing
access to all environmental monitoring data collected since the commencement of
works;
(b)
searching
by date;
(c)
searching
by types of monitoring data (noise and air quality); and
(d)
hyperlinks
to relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes :
1. This
Permit consists of three parts, namely, PART A (Main
Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this Permit
should obtain independent legal advice on the legal implications under the
Ordinance, and the following notes are for general information only.
2. If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit Holder
shall not carry out any associated works without the permission of the Director
or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the 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.
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.
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(s).
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.
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable: -
(i)
on a first conviction on
indictment to a fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
(iii)
on a first summary
conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent
summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the offence is of a continuing nature, the court or
magistrate may impose a fine of $10,000 for each day on which he is satisfied
the offence continued.
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance within 30 days of receipt of this Permit.
9. The
Notes are for general reference only and that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.
Environmental Permit No. EP-399/2010/C
環境許可證編號 EP-399/2010/C
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