Environmental
Permit No. EP - 436/2012/B
環境許可證編號 EP- 436/2012/B
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13
環境影響評估條例
(第499章)
第10條及13條
ENVIRONMENTAL PERMIT TO
CONSTRUCT AND OPERATE
A DESIGNATED
PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant
to Section 10 of the Environmental Impact Assessment Ordinance (EIAO),
the Director of Environmental Protection (the Director) grants the
environmental permit (EP-436/2012) to the MTR Corporation Limited
(hereinafter referred to as the "Permit Holder") on 22 March 2012. Pursuant to Section 13 of the EIAO, the Director amends the Environmental
Permit based on the Application No. VEP-467/2015. The amendments, described below, are
incorporated into this Environmental Permit (EP-436/2012/B). 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》（條例）第10條的規定，環境保護署署長（署長）於 2012 年 3月22日將環境許可證 (編號 EP-436/2012) 批予香港鐡路有限公司 (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-467/2015修訂環境許可證。以下修訂已包含在本環境許可證內(EP-436/2012/B)。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-467/2015 |
|
Document in the Register |
(1) Shatin to Central Link – Hung Hom to Admiralty Section Environmental Impact Assessment (EIA) Report, Environmental
Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.:
AEIAR-166/2012) [Hereinafter referred to as "the EIA Report"] (1)沙田至中環綫 - 紅磡至金鐘段環境影響評估報告,環境監察審核手冊及行政摘要(登記冊編號:AEIAR - 166/2012) [下稱環評報告] (2)The Director’s letter of approval of the EIA report dated
17 Feb 2012 [ Ref.: (29) in AX(4) to EP2/G/A/124 Pt.4 ] (2)署長於2012年02月17日發出批准環評報告的信件 [檔案編號: (29) in AX(4) to EP2/G/A/124 Pt.4] (3)Application for an Environmental Permit No. AEP-436/2012.
[Hereafter referred to as “the Application No. AEP-436/2012”] (3)申請環境許可證編號 AEP-436/2012。[下稱
“申請書編號 AEP- 436/2012”] (4)
Application documents for Variation of Environmental Permit including all
attachments submitted by the Permit Holder on 2 April 2014 (Application No.
VEP-433/2014) (4) 許可證持有人於2014年4月2日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-433/2014) (5) Application documents for
Variation of Environmental Permit including all attachments submitted by the
Permit Holder on 18 February 2015 (Application No. VEP-467/2015) (5) 許可證持有人於2015年2月18日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-467/2015) |
|
Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments
Incorporated into Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-433/2014 |
2 April 2014 2014年4月2日 |
Add “Reclamation and Dredging
Works at Shek O Casting Basin.” under Scale and
Scope of Designated Project(s) in Part B 許可證B部“指定工程項目的規模和範圍” - 新增“於石澳的沉管隧道預製件工場進行填海及挖泥工程” Vary Part B,
Figure 1 and 2 to include an extended works area Vary Condition 2.19 (g)(ii), Condition 2.20 and Figure 4 in Part C
to be more in line with the EIA Report. 更改環境許可證C部,
第2.19 (g)(ii) 及2.20項條件及圖 4以更符合環境評估報告 Add Conditions 2.31.1 to 2.31.7
and Table 1 in Part C to specify measures to mitigate
water quality impact at Shek O Casting Basin. 新增環境許可證C部第2.31.1 至 2.31.7 項條件及表一，指定具體措施，以減輕位於石澳的沉管隧道預製件工場的水質影響。 Add Figure 6, Figure 7 & Figure 8 in Part C
to show details of the marine works areas, barging point and water quality
monitoring stations in Shek O Casting Basin. 新增環境許可證C部圖6, 圖7及圖8顯示位於石澳的沉管隧道預製件工場的海事工程位置, 躉船轉運站及水質監測站的細節。 |
30 April 2014 2014年4月30日 |
|
VEP-467/2015 |
18 February 2015 2015年2月18日 |
Vary Condition 2.18, Condition 2.19, Condition 2.22 and Figure 2 in Part C to cover the extention of Immersed Tube Tunnel (IMT) at Hung Hom Landfall and within Causeway Bay
Typhoon Shelter (CBTS). 更改環境許可證C部,
第2.18, 第2.19及2.22項條件及圖 2以於紅磡著陸點及銅鑼灣避風塘擴展沉管式隧道。 Add Condition 2.33 – 2.35 to restrict the use of Kai
Tak Barging Facility (KTBF) for delivery of construction
and demolition materials from this Project. 新增環境許可證C部, 第2.33至2.35項條件以限制啟德躉船轉運站用作運送由本工程項目產生的拆建物料。 Add
Figure 9 in Part C to show the location of Kai Tak
Barging Facility. Add
Figure 10 in Part C to illustrate final stage
of IMT construction within CBTS. |
19 March 2015 2015年3月19日 |
|
19 March 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 黄耀光 代 行) |
PART
B (
DESCRIPTIONS OF DESIGNATED PROJECT(S) )
B部 (指定工程項目的說明)
Hereunder
is the description of the designated project(s) 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:
|
Title of Designated Project(s) 指定工程項目的名稱 |
Shatin to Central Link (Hung Hom – Admiralty
Section) [This designated project is hereinafter referred
to as "the Project"] 沙田至中環綫 - 紅磡至金鐘段 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project(s) 指定工程項目的性質 |
Construction and operation of a railway and its associated stations, a
railway tunnel more than 800m in length between portals, reclamation works
and dredging works 興建和運作鐵路及其相聯車站，一條入口之間的長度超過800米的鐵路隧道，填海工程及相關挖泥工程。 |
|
Location of Designated Project(s) 指定工程項目的地點
|
Railway alignment from proposed ventilation building in Hung Hom Station crossing Victoria Harbour,
Causeway Bay Typhoon Shelter, proposed Exhibition Station to Admiralty;
overrun tunnel; an immersed tube tunnel (IMT) casting basin in Shek O and the extension of an access road in Lo Wu. The location of this Project and its
works areas are shown in Figures 1
& 2 attached to this Permit. 鐵路路線由擬建的紅磡站北通風大樓、橫過維多利亞港、銅鑼灣避風塘、擬建的會展車站至金鐘、越位隧道、位於石澳的沉管隧道預製件工場及於羅湖擴建現有的通道。工程項目及其工地的位置見載於本許可證夾附的 圖 1 及2。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The Project comprises the following designated
project elements: (i) Construction
and operation of an approximately 6 km underground railway from Hung Hom to Admiralty; the associated Exhibition Station and the
integrated Admiralty Station; the overrun tunnel to the southwest of
integrated Admiralty Station; the associated ventilation buildings,
ventilation shafts, smoke extraction facilities and other associated works. (ii) Temporary reclamation
totalling approximately 0.54 ha. at Hung Hom landfall and Causeway Bay
Typhoon Shelter; and the replacement of Hung Hom
Bypass fender piles; (iii) Reclamation works and dredging works in Victoria Harbour for the
cross-harbour section of the railway; (iv)Reclamation and Dredging Works at Shek O
Casting Basin. 工程項目的範圍包括: (i)
興建和運作一段長約6公里從紅磡至金鐘的地底鐵路；會展車站及綜合性金鐘站；連接金鐘站西南面的越位隧道；及其相關通風樓、通風井、排煙設施和本工程項目的其他相關工程； (ii)
位於紅磡海岸附近及銅鑼灣避風塘，總面積約0.54公頃的臨時填海工程;及更換紅磡繞道防撞欄樁柱; (iii)
於維多利亞港進行填海及挖泥工程以建造海底鐵路; (iv)
於石澳的沉管隧道預製件工場進行填海及挖泥工程。 |
1. General
Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap. 499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2
The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including but 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), Dumping at Sea
Ordinance (Cap. 466) and Dangerous Goods Ordinance (Cap.295). This Permit does not of itself
constitute any ground of defense 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 construction site(s) at all vehicular site
entrances/exits or at a convenient location for public’s information at all
times. The Permit Holder shall
ensure that the most updated information about the Permit, including any
amended permit, is displayed at such locations. If the Permit Holder surrenders
a part or the whole of the Permit, the notice he sends to the Director shall
also be displayed at the same locations as the original Permit. The suspended,
varied or cancelled Permit shall be removed from display at the construction
site(s).
1.6
The Permit Holder shall construct and operate the
Project in accordance with the project 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
approved EIA Report (Register No.: AEIAR-166/2012), the application documents
for environmental permits and relevant documents in the Register listed in Part A of this Permit; 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 in 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 The Permit Holder shall
notify the Director in writing the construction commencement date 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 construction commencement date.
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 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 1.3 or later), unless otherwise
agreed by the Director and shall be submitted at the same time as the
hardcopies.
1.13 For the purpose of this
Permit, “construction commencement” 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 operation commencement date of the Project no later than two months 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 operation commencement
date.
2
Special Conditions
Submissions
and Measures before Commencement of Construction 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 not be in any way an associated
body of the Contractor or the Independent Environmental Checker (IEC) for the
Project. The ET shall be headed by
an ET Leader. The ET Leader shall
be a person who has at least 7 years of experience in environmental monitoring
and auditing (EM&A) or environmental management. The ET and the ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the EM&A requirements as contained in the EM&A Manual of the Project. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances, which may affect the compliance with the recommendations of
the EIA Report and this Permit. The
ET Leader shall notify the IEC within one working day of the occurrence of any
such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report and this Permit or by
the Director or his authorized officers. Failure to maintain records in the
log-book, failure to discharge the duties of the ET Leader as defined in the
EM&A Manual or failure to comply with this Condition would entitle the
Director to require the Permit Holder by notice in writing to replace the ET
Leader. Failure by the Permit
Holder to make replacement or further failure to keep contemporaneous records
in the log-book despite the employment of a new ET Leader may render the Permit
liable to suspension, cancellation or variation.
2.2
An IEC shall be employed by the Permit Holder no later
than 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 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.
Community
Liaison Groups
2.3
Before the commencement of construction of the Project,
the Permit Holder shall set up Community Liaison Groups (CLGs) comprising
representatives of concerned and affected parties, including owners’ corporations, management offices, local committees,
residents and schools in the affected areas along the railway alignment, to
facilitate communication, enquiries and complaints handling on environmental issues related to the Project. A designated complaint hotline
shall also be set up for the Project to address the concerns and complaints in
an efficient manner throughout the entire construction period of the Project. The Permit Holder shall follow up with
the CLGs on the implementation of mitigation measures and other initiatives proposed
by the Permit Holder, arrangement of continuous construction noise monitoring
as well as tree management and transplantation, etc. The Permit Holder shall notify the
Director the date of setting up the CLGs, the membership, the terms of reference and the
contact details at least one month before commencement of construction of the
Project.
Appointment of
Certified Arborist
2.4
The Permit Holder shall appoint a Certified Arborist
to advise on, monitor and ensure proper implementation of measures for
protecting trees affected by the Project, in particular the Old and Valuable
Trees within the Project boundary, as well as trees to be transplanted, and to
prepare proposals to be submitted under Condition 2.14.
Management
Organization of Main Construction Companies
2.5
The Permit Holder shall, no
later than two weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main
construction companies and/or any form of joint ventures associated with the
construction works of the Project. The submitted information shall
include at least an organization chart, names of responsible persons and their
contact details.
Submission of Construction Programme and EP Submission Schedule
2.6
The Permit Holder shall, no later than two weeks before
commencement of construction of the Project, deposit with the Director four
hard copies and one electronic copy of the construction programme
showing the commencement and completion dates of major items of construction
works; together with the anticipated schedule of submissions for fulfilling the
submission requirements as contained in this Permit. The Permit Holder shall inform the
Director in writing of any subsequent changes to this submitted construction programme and EP submission schedule.
Submission of Construction Noise Mitigation Measure Plan
2.7
To further reduce the air-borne construction noise
impacts on the Noise Sensitive Receiver (NSR) with exceedance after mitigation as
predicted in the EIA Report, (i.e. Causeway Centre, Block A), the Permit Holder
shall, no later than one month before the commencement of construction of the
Project, submit to the Director for approval four hard copies and one
electronic copy of an updated Construction Noise Mitigation Measure Plan
(CNMMP) and other initiatives proposed by the Permit Holder. The plan shall
include:-
(a)
a schedule of construction works to be carried out at the
works areas of the Project within 300m from the NSR;
(b)
an updated construction methodology of the construction
works;
(c)
an updated powered mechanical equipment (PME) list for
the construction works;
(d)
an updated proposal of air-borne construction noise
mitigation measures for the NSR, including the provision of noise barriers and
enclosures, if applicable; and
(e)
an updated prediction of noise
levels in accordance with the above updated information and mitigation
proposals in place.
Before submission to
the Director, the CNMMP shall be certified by the ET and verified by the IEC as
conforming to the relevant information and recommendations contained in the EIA
Report. The
approved CNMMP shall be fully and properly implemented.
Submission of Continuous Noise Monitoring Plan
2.8
The
Permit Holder shall, no later than one month before the commencement of
construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of a Continuous Noise Monitoring Plan for the
Project. The plan shall include:
(a)
updated
environmental monitoring and audit requirements relating to continuous noise monitoring at the NSR with
exceedance after mitigation in air-borne construction noise impact as predicted
in the EIA Report (i.e. Causeway Centre, Block A) and as updated in the CNMMP
approved under Condition 2.7;
(b)
drawings
in the scale of 1:5,000 or other appropriate scale as agreed by the Director
showing the proposed location for conducting continuous noise monitoring;
(c)
monitoring
methodology and measurement parameters;
(d)
a system to report the continuous noise monitoring
results on a website as required under Condition 4.2, within a period of 2
working days after the relevant noise monitoring data are collected or become
available; and
(e)
an Event and Action Plan giving details of the immediate active remedial measures
in the event that the measured noise levels exceed the worst-case scenario
predicted in the EIA Report or the levels as updated by the CNMMP approved
under Condition 2.7.
Before
submission to the Director, the Continuous Noise Monitoring Plan shall be
certified by the ET and verified by the IEC as conforming to the relevant
information and recommendations contained in the EIA Report or the updated
prediction of noise levels as contained in the CNMMP approved under Condition
2.7. The approved Continuous Noise Monitoring
Plan shall be fully and properly implemented.
Submission of Construction
and Demolition (C&D) Material Management Plan
2.9
The Permit Holder shall, no later than one month before
commencement of construction of the Project, submit to the Director for
approval four hard copies and one electronic copy of a Construction and Demolition
(C&D) Materials Management Plan (C&DMMP). The C&DMMP shall describe the
arrangements for avoidance, reuse, recovery and recycling, storage, collection,
treatment and disposal of C&D materials to be generated from the construction
of the Project. The C&DMMP
shall indicate the disposal location(s) of all surplus excavated spoil and
other wastes. A trip ticket system
shall be included in the C&DMMP.
Surplus excavated spoil and other wastes shall only be disposed of at
designated disposal locations unless otherwise approved by the Director.
Before
submission to the Director, the C&DMMP shall
be certified by the ET Leader and verified by the IEC as conforming to the
relevant information and recommendations contained in the EIA Report. The approved C&DMMP shall be fully and
properly implemented.
Submission of Silt Curtain
Deployment Plan
2.10
At least two weeks prior to the commencement of
marine works of the Project, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of a silt curtain
deployment plan. The silt curtain deployment plan shall be certified by the ET
Leader and verified by the IEC as conforming to the relevant information and
recommendation contained in the EIA Report. In particular, silt curtains shall be
deployed as required under Conditions 2.13, 2.17, 2.18 and 2.19 of this Permit.
The silt curtain deployment plan
shall include plans showing the construction programme
and details on the design, operation and maintenance requirements of the silt
curtain(s) including but not limited to deployment of silt curtain(s) for
dredging, filling works and underwater blasting as recommended in the EIA
Report and the relevant documents in the EIAO Register. The typical configuration of the silt
curtain is shown in Figure 3 for
reference. The deposited silt
curtain deployment plan shall be fully and properly implemented throughout the
construction period.
Submission of
Silt Screen Deployment Plan
2.11
At least two weeks prior to the commencement of the
marine works, the Permit Holder shall deposit with the Director four hard
copies and one electronic copy of a silt screen deployment plan to provide
details of the design, operation and maintenance requirements of the silt
screen systems as required under Conditions 2.18 and 2.20 of this Permit. The
Permit Holder shall liaise with the owners and the operators of the seawater
intakes shown in Figure 4 of this
Permit on details of silt screen installation, maintenance and removal at the
seawater intakes. The silt screen deployment plan shall be certified by the ET
Leader and verified by the IEC as conforming to the relevant information and
recommendation contained in the EIA Report and the liaison results with owners
and operators of the seawater intakes. The typical configuration of silt screen
is shown in Figure 3 for reference. Silt screens shall be installed at
seawater intakes prior to the commencement of the corresponding marine works in
the vicinity. To avoid refuse
entrapment and to ensure representative impact monitoring results, silt screens
shall be maintained and refuse around them shall be removed on a daily basis so
that water behind the silt screens will be kept free from floating debris
during the construction period.
Submission of Sediment Management
Plan
2.12
The Permit Holder shall, no later than one month before
the commencement of marine works of the Project, submit to the Director for
approval four hard copies and one electronic copy of an updated sediment
management plan. The plan shall
include, but not limited to, details of the proper treatment and handling of
sediments generated by the Project before disposal. The sediment management plan shall be fully and properly
implemented.
Submission of Fisheries Impact Mitigation
Plan
2.13
In the event that underwater blasting is used, the Permit
Holder shall, no later than one month before the commencement of any underwater
blasting, submit four hard copies and one electronic copy of a fisheries impact mitigation plan to the Director for
approval. The plan shall be prepared in consultation with the
relevant authorities, including, but not limited to, the Civil Engineering and
Development Department, Marine Department and Agriculture, Fisheries and
Conservation Department. The plan shall set out details of measures to minimize
impacts on fisheries resources from underwater blasting, such as the use of
silt curtain to fence off and isolate the lethal zone of the underwater
blasting, where practicable. The
approved fisheries impact mitigation plan shall be fully and properly
implemented.
Submission of Visual, Landscape and Tree Planting & Tree Protection Plan
2.14
The Permit Holder shall, no later
than one month before the commencement of construction of the Project, submit four hard
copies and one electronic copy of the visual, landscape and tree planting &
tree protection plan to the Director for approval. The plan, with drawings in the scale of
1:1000 or other appropriate scales as agreed by the Director, shall show the visual
and landscape, tree planting & tree protection measures of the Project, and
shall include at least the following information:
(a)
aesthetic landscape and architectural treatment for above
ground structures including MTR entrances, plant buildings, ventilation buildings,
ventilation shafts, cooling towers, emergency access point, screen hoarding and
associated engineering facilities;
(b)
tree protection proposal showing locations, size, number
and plant species of trees to be retained; and detailed working method statement
for protection of retained trees;
(c)
transplantation proposal showing
locations, size, number and tree species to be transplanted and the final
locations for transplantation;
(d)
tree felling proposal showing locations, size, number and
plant species of trees to be felled;
(e)
tree compensation proposal showing locations, size, number and plant species of trees to be planted as compensation;
(f)
post-planting care proposal showing the
proposed establishment period and the associated maintenance care requirements
and frequency for transplanted trees and trees planted as
compensation under this Condition; and
(g)
implementation programme,
maintenance and management schedules for measures proposed in (a)
to (f) above.
The proposals under Conditions 2.14(b) to (f) shall be prepared by the Certified Arborist appointed under Condition 2.4. The 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. The
approved plan shall be fully and properly implemented.
Submissions
and Measures to be Implemented During Construction
Stage
Measures
for Mitigating Construction Dust Impact
2.15
In
order to minimise the construction dust impact, the
following dust mitigation measures shall be implemented:
(a)
watering
once every working hour to keep active works areas, exposed areas and paved
haul roads wet; and
(b)
enclosing the unloading process at any barging point tipping
hall by a 3-sided screen with top, and operating water spraying and flexible
dust curtains at the discharge point.
Measures
for Mitigating Construction Water Quality Impact
2.16
To reduce the release of sediment and contaminant during
temporary reclamation at Hung Hom Landfall, all
excavation and dredging works shall be undertaken within cofferdam and there
shall be no open dredging.
2.17
Silt curtains shall be installed to surround the works
area to minimize the release of sediment due to removal and reinstatement of
fender piles of Hung Hom Bypass and minor marine
piling works as shown in Fig 2.
Temporary
Reclamation and Dredging at the Causeway Bay Typhoon Shelter (CBTS) Breakwater
2.18
To minimize water quality impact arising from the temporary reclamation and dredging works at the
CBTS breakwater, the following mitigation measures shall be implemented:
(a)
before carrying out the
temporary reclamation, temporary seawalls shall first be constructed to a height above the water mark to enclose the
temporary reclamation area. Bulk filling for the temporary reclamation shall
proceed behind the completed seawalls;
(b)
temporary seawalls shall not
be
removed before completion of all
excavation and dredging works for demolition of the temporary reclamation behind the seawalls;
(c)
all dredging works for the demolition of the temporary reclamation shall be carried out
by closed grab dredgers;
(d)
no more than two dredgers with
closed grab (each of about 8m3 capacity) shall be operated for
dredging at the CBTS breakwater and within the typhoon shelter at any time. The
Permit Holder shall liaise with other contractors within CBTS to ensure that
the combined dredging rate for all concurrent dredging works (include dredging
works for concurrent projects such as WDII and CWB) to be undertaken within the
CBTS shall not exceed 4,500 m3 per day (and 281m3 per
hour with a maximum working period of 16 hours per day) throughout the entire
construction period;
(e)
silt curtains shall be deployed to fully enclose the
closed grab dredger(s) and shall be extended from water surface to the seabed,
as far as practicable, during any dredging works;
(f)
any
gaps in the seawall that may need to be provided for marine access shall be
shielded by silt curtains to control sediment plume dispersion away from the
site during any dredging or filling works; and
(g)
silt screen shall be
deployed to protect the cooling water intakes within the CBTS throughout the
temporary reclamation and dredging period as shown in Figure 4.
Immersed Tube Tunnel (IMT) Construction within CBTS
2.18.1
To minimize water quality impact arising from IMT construction
within CBTS, the following mitigation measures shall be implemented:
(a)
pipe piles shall be used to form temporary seawalls for IMT
construction within CBTS as shown in the indicative arrangement in
Figure 10;
(b)
the temporary seawalls shall not be removed before
completion of all dredging or filling works for IMT construction, except for a small section of pipe piles adjoining IMT11
to facilitate the necessary dredging works for placing the IMT11;
(c)
silt curtains shall be deployed to fully enclose the
closed grab dredger to be used for dredging or filling work outside
the temporary seawalls and the silt curtains
shall be extended from water surface to the seabed, as far as practicable;
(d)
no more than two dredgers with
closed grab (each of about 8m3 capacity) shall be operated for
dredging at the CBTS breakwater and within the typhoon shelter at any time. The
Permit Holder shall liaise with other contractors within CBTS to ensure that
the combined dredging rate for all concurrent dredging works (include dredging
works for concurrent projects such as WDII and CWB) to be undertaken within the
CBTS shall not exceed 4,500 m3 per day (and 281m3 per
hour with a maximum working period of 16 hours per day) throughout the entire
construction period;
(e)
for the removal of fill material at the gap between the interface of IMT11 and the IMT segment ME4 constructed by others,
airlift or sand pump method shall be used as shown in Figure 10;
(f)
all removed fill material from
airlift or sand pump method shall be stored inside impermeable compartment of the
barge before being transported off-site;
(g)
bulk filling operation within CBTS shall be carried out
by closed grab dredger or by down pipe;
(h)
any gaps in the seawalls that may need to be provided for marine access shall be
shielded by silt curtains to control sediment plume dispersion away from the
site during any dredging or filling works;
(i)
silt screen shall be deployed to protect the cooling
water intakes within the CBTS throughout the IMT construction period as shown
in Figure 4; and
(j)
water quality monitoring
shall be conducted at cooling water intake 9 for Windsor House (See Figure 4) during IMT construction within
CBTS. The monitoring frequency, parameters, equipment and methodology shall
follow those for dredging and filling as stipulated in the EM&A Manual.
Immersed Tube
Tunnel (IMT) Construction and Dredging in the Harbour
outside CBTS
2.19
To minimize water quality impacts from IMT construction
and dredging in Victoria Harbour, the following mitigation measures shall be implemented:
(a)
dredging shall be carried out by closed grab dredger;
(b)
no more than one closed grab dredger shall be operated
outside the CBTS in the open harbour for construction
of this Project;
(c)
dredging for temporary reclamation outside the CBTS shall
not be carried out concurrently with any dredging or bulk filling works for IMT construction;
(d)
floating type or frame type silt curtains shall be
deployed around the dredging operations within 200m from the Hung Hom landfall;
(e)
frame type silt curtains shall be deployed around the
dredging operations for the
remaining IMT segments outside 200 m from the Hung Hom
landfall;
(f)
the daily production rate of any dredging or bulk filling work of the Project within the open Victoria Harbour outside CBTS:
(i) shall not exceed 2,500m3 per day if there are
other concurrent works in Victoria Harbour;
(ii) shall not exceed 4,500m3 per day if there is no
concurrent works in Victoria Harbour at any time
throughout the entire construction period;
(iii) shall not exceed 1,500m3 per day at the area
within 60m from the southern boundary of the temporary reclamation at Hung Hom Landfall.
(g)
the hourly production rate for any dredging or bulk
filling work of the Project within the open Victoria Harbour
outside CBTS:
(i) shall not exceed 156m3 per hour if
there are other concurrent works in Victoria Harbour;
(ii) shall not exceed 281m3 per hour
if there is no concurrent works in Victoria Harbour;
(iii) shall not exceed 93m3 per hour
at the area within 60m from the southern boundary of the temporary reclamation
at Hung Hom Landfall.
(h)
the maximum working time for the dredging / filling works
of the Project shall not exceed 16 hours per day, or more than 6 days per week; and
(i)
only one chiseling machine
or hydraulic breaker shall be adopted for underwater rock breaking.
2.20
Silt
screens shall be installed at the water intakes during dredging or filling works of the
relevant IMT
sections for the Project
outside the CBTS as shown in Figure 4.
2.21
To protect the water quality in Victoria Harbour from any possible underwater blasting, the
following mitigation measures shall be implemented:
(a)
charge shall be placed in cores within rock in order that
there will be no blast directly into the water; and
(b)
in terms of the construction
sequence, sediment dredging within the planned IMT works area shall be
conducted prior to any underwater blasting.
2.22
To minimize water quality impacts during IMT
construction, bulk filling along the IMT alignment (outside the CBTS) shall not
be carried out concurrently with the bulk dredging works along the IMT
alignment (outside the CBTS).
Shek O Casting Basin
Washdown, Flooding and Draining
2.23
To minimize water quality impacts from the washdown,
flooding and draining operations at Shek O Casting Basin, a wastewater
treatment unit shall be installed for appropriate treatment processes such as
sedimentation and oil removal. During the
flooding of the basin with seawater, cofferdam/earth bund shall be in place to
ensure no escape of water. Prior to opening
a channel through the cofferdam/earth bund for transport of IMT segment, water
inside the basin shall be skimmed of floating debris. A period of no less than 24 hours shall
be allowed for the suspended materials to settle before opening the basin to
the sea.
Temporary Marine
Works at Shek O Casting Basin
2.23.1
The Permit Holder shall, no later than one month before the
commencement of marine works in the Basin as shown in Figure 6, submit to the Director for
approval four hard copies and one electronic copy of a Silt Curtain Deployment Plan.
A typical
configuration of silt curtain is shown in Figure
3 for reference. When the silt curtain is opened to allow passage of
vessels, all sea bed leveling, filling works, dredging works and construction
of earth bunds must be stopped to avoid release of sediment to the water column
outside the silt curtain. The Silt Curtain Deployment Plan shall include the
construction programme and details of the design, operation and maintenance
requirements of the silt curtain(s). The Silt Curtain Deployment Plan shall be
certified by the ET Leader and verified by the IEC as conforming to the
relevant information and recommendation contained in the Application for
Variation of Environmental Permit (VEP 433/2014) including all attachments
submitted by the Permit Holder, and other relevant documents in the Register.
2.23.2
Marine works at the Basin, except for the construction
of the barging point, shall not commence until the Silt Curtain Deployment Plan
is approved by the Director. The approved
Silt Curtain Deployment Plan shall be fully and properly implemented at both
the northern gate and the southern gate throughout the marine works at the
Basin, except for the construction of barging point.
2.23.3
All fill materials used in marine works at the Basin
shall contain no more than 5% fines (aggregates diameter smaller than 63µm)
content.
2.23.4
The sea bed levelling works shall not involve any
dumping of imported fill materials onto the seabed. The in-situ volume of sea bed
materials to be moved during the sea bed leveling works shall not be more than
10,000m3. If sea bed materials other than coarse sand, cobble and
gravel as identified in the previous marine investigation are encountered,
alternative leveling methods and/or additional mitigation measures shall be
proposed for the approval of the Director before the works can proceed. The
silt curtain shall be properly installed prior to the commencement of sea bed
leveling works, and if necessary, double silt curtains shall be deployed to
ensure full enclosure of the leveling works at all times to prevent the escape
of sediment to water column outside the silt curtains.
2.23.5
The filling of the southern part of the Basin shall be
carried out using rocks or coarse aggregates with diameters between 20mm and
200mm and with no more than 5% fines (aggregates with diameter smaller than 63µm)
content, up to a level not higher than -12mPD. The maximum filling rate shall
be no more than 4,500m3/day.
2.23.6
The barging point shall be constructed by placing
concrete blocks on the seabed and placing concrete pavement on top of the
concrete blocks. A typical cross section is
shown in Figure 7 for reference. Dredging for the construction of barging point
shall not be allowed.
2.23.7
Additional water quality monitoring shall be conducted throughout
the construction period of sea bed leveling work at the northern gate and the
removal of earth bunds at the northern and southern gates to monitor any
potential water quality impact. The proposed impact monitoring station and control
stations are given in Table 1 and shown in Figure 8. Monitoring parameters shall
include at least dissolved oxygen, turbidity and suspended solids level. The monitoring
methodology, including monitoring equipment, laboratory measurement
requirements, monitoring frequency and timing, action and limit levels, etc.,
shall follow those as stipulated for baseline and impact water quality
monitoring in the approved EM&A Manual.
Table 1: Additional
Water Quality Monitoring Locations at the Shek O Casting Basin
|
Monitoring Station ID |
Description |
Coordinates |
|
|
Easting |
Northing |
||
|
GB3 |
Turtle Cove Beach |
841120 |
810280 |
|
C3 |
Control station for ebb tide |
841200 |
806210 |
|
C4 |
Control station for flood tide |
843330 |
807320 |
Submission
and Measures for Mitigating Land Contamination Impact
2.24
To determine the extent and level of land contamination
and formulate necessary remedial measures at the existing above-ground diesel
tanks for Wan Chai Swimming Pool as shown in Figure 5 of this Permit, the Permit
Holder shall:-
(a)
no later than two months before commencement of
construction work at the above-ground diesel tanks for Wan Chai Swimming Pool, submit
to the Director for approval four hard copies and one electronic copy of a Contamination
Assessment Plan (CAP). The CAP shall include proposal with details of
representative sampling and analysis required to determine the nature and
extent of contamination, if necessary;
(b)
no later than one month after the completion of the land
contamination investigation works in accordance with the approved CAP,
submit to the Director for approval four hard copies and one electronic
copy of Contamination Assessment Report (CAR) to document the findings of the
land contamination investigation works and assessment on the nature and extent
of land contamination;
(c)
if land contamination is confirmed,
submit to the Director for approval four hard copies and one electronic copy of
Remedial Action Plan (RAP) to formulate necessary remedial measures. All
remedial measures described in the approved RAP shall be fully and properly implemented.
No demolition of the existing above-ground diesel tank for Wan Chai Swimming
Pool shall be carried out before the CAP/RAP is approved by the Director.
Before submission to the
Director, the CAP, CAR and RAP shall be certified by the ET Leader and verified
by the IEC as conforming to the information and recommendations contained in
the EIA Report.
Measures for Mitigating Aerial Emissions
from Construction Plant
2.25
All diesel fuelled construction plant, including marine
vessels if possible, used by the contractors within the works areas of the
Project shall be powered by ultra low sulphur diesel fuel.
Submissions and Measures Before and During
Operational Stage
Submission of As-Built
Drawings of Measures for Mitigating Visual and Landscape Impact and Tree
Planting
2.26
At least one month before the Project commences
operation, four hard copies and one electronic copy of as-built drawing(s) on landscape
and visual mitigation measures with an
explanatory statement showing the final locations, size, number and species of
planting to demonstrate compliance with the approved submissions under
Condition 2.14 of this Permit shall be deposited with the Director. This as-built submission shall be
certified by the ET Leader and verified by the IEC that the Visual,
Landscape and Tree Planting & Tree Protection Plan approved under Condition
2.14 has been fully and properly implemented.
Submissions and Measures for Mitigating Operational Noise
2.27
The Permit Holder shall operate 9-car SP1900 train, or other train
type with equivalent or better noise performance supported with justifications
by the ET Leader and verified by the IEC as conforming to the information,
requirements and recommendations as set out in the EIA Report. The maximum train frequency operating in
the Project from hours 0700 to 2300 shall not exceed 30 trains per hour in each
direction. The maximum train
frequency operating in the Project from hours 2300 to 0700 of the following day
shall not exceed 24 trains per hour in each direction.
2.28
The Permit Holder shall, no later than one month after
completion of corresponding parts of the tunnel excavation of the Project, deposit
with the Director four hard copies and one electronic copy of an updated Operational
Ground-borne Noise Mitigation Measures Plan to justify the adequacy of the
proposed operational ground borne noise mitigation measure recommended for that
part of the tunnel in the EIA Report.
The plan shall include the review and verification of the assumptions adopted
in the EIA Report, such as line source response and ground vibration
conditions, and shall include justifications and recommendations for any
additional noise mitigation measures found necessary, including but not limited
to:
a) medium attenuation baseplates (Type 1);
b) high attenuation baseplate or booted dual
sleepers (Type 2); or
c) floating mini slab trackform (Type 3).
Before submission to
the Director, the Operational Ground-borne Noise Mitigation Measures Plan shall
be certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the EIA Report.
2.29
The Permit Holder shall, no later than one month after
the completion of installing the rail tracks, deposit with the Director four
hard copies and one electronic copy of a set of as-built drawing(s) for the
operational ground-borne noise mitigation measures as recommended in the updated
Operational Ground-borne Noise Mitigation Plan deposited under Condition 2.28 above. Before submission to the Director, the
set of as-built drawing(s) shall be certified by the ET Leader and verified by
the IEC who shall confirm that the measures set out in the updated Operational
Ground-borne Noise Mitigation Plan under Condition 2.28 has been fully and
properly implemented.
2.30
At
least one month before commencement of operation of the Project, the Permit Holder
shall carry out noise performance test in accordance with Sections 8.3 to 8.10
of the EM&A Manual and deposit with the Director four hard copies and one
electronic copy of a Noise Performance Test Report to confirm the compliance of
the operational ground-borne levels in accordance with the EIA Report. Before submission to the Director, the
Noise Performance Test Report 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 measure(s) recommended in the deposited
Noise
Performance Test Report shall be fully and properly implemented.
2.31
At
least one month before commencement of operation of the Project, the Permit
Holder shall carry out fixed plant noise audit and deposit with the Director
four hard copies and one electronic copy of an audit report showing 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. The audit report shall also confirm that
noise emitted from the fixed noise sources shall be free of the characteristics
of tonality, implusiveness and intermittency. The audit report shall be certified by
the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the
EIA Report.
Measures for Mitigating
Impacts on Water Quality from Track Run-off
2.32
To mitigate water quality impact from tunnel run-off from
rail track:
(a)
track drainage channels discharge shall pass through
oil/grit interceptors/chambers to remove oil, grease and sediment before
discharging into public storm drainage / foul sewerage systems;
(b)
the silt traps and oil interceptors shall be cleaned and
maintained regularly; and
(c)
oily contents of the oil
interceptors shall be transferred to an appropriate disposal facility, or to be
collected for reuse, if possible.
Restriction
on the use of Kai Tak Barging Facility (KTBF)
2.33
All construction and demolition materials
(C&DM) arising from the Project shall be delivered to Kai Tak Barging Facility (KTBF) for reuse or disposal before
the barging point at Wanchai ex-Public Cargo Working
Area (ex-PCWA) becomes available. The location
of KTBF is shown in Figure 9.
2.34
To
minimize any nuisance arising from the delivery of C&DM from this Project
to KTBF , the following mitigation measures shall be implemented:
(a)
the
C&DM delivery vehicles to KTBF shall not depart from construction sites and
works areas of this Project between 2300 hours and 0700 hours on the following
day; and
(b)
the number of C&DM delivery vehicles departing from construction sites
and works areas of this Project to KTBF shall not exceed 82 vehicles per hour or 1000 vehicles per day.
2.35
To
avoid overloading the capacity of KTBF, in the event that this Project uses
KTBF concurrently with other projects for handling C&DM disposal, the number
of C&DM delivery vehicles delivering C&DM from this Project to KTBF shall be adjusted such that the total
number of C&DM delivery vehicles using KTBF shall not exceed 82 vehicles per hour or 1000 vehicles per day.
3. Environmental
Monitoring and Audit Requirements
3.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual of the Project and the Continuous Noise Monitoring Plan approved under Condition 2.8 above. The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.6. Any changes to the EM&A requirements or programme and termination of the EM&A programme shall be supported with justifications by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual of the Project and the Continuous Noise Monitoring Plan approved under Condition 2.8; and the prior approval from the Director shall be sought before their implementation.
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a)
conducting baseline environmental monitoring;
(b)
conducting impact monitoring;
(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 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.
3.3 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual. Additional copies of the submission shall be provided upon request by the Director.
3.4 Four hard copies and one electronic copy of the monthly EM&A Reports shall be submitted to the Director within two weeks after the end of the reporting month throughout the entire construction period. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual. Additional copies of the submission shall be provided upon request by the Director.
3.5 All EM&A results submitted under this Permit shall be true, valid and correct.
4. Electronic Reporting of EM&A Information
4.1 To
facilitate public inspection of the Baseline Monitoring Report and the monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF)
(version 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 3.3
and 3.4 of this Permit. For the
HTML version, a content page capable of providing hyperlink to each section and
sub-section of these Reports shall be included in the beginning of the
document. Hyperlinks to all
figures, drawings and tables in these Reports shall be provided in the main
text from where the respective references are made. All graphics in these Reports shall be
in interlaced GIF format unless otherwise agreed by the Director. The content
of the electronic copies of these Reports must be the same as the hard copies.
4.2 The
Permit Holder shall set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed within 1 month after the commencement of construction of
the Project. All environmental
monitoring results described in Condition 4.1 above and all submissions
required by this Permit shall be made available to the public via this
dedicated web site to be set up by the Permit Holder in the shortest time
practicable, and in no event later than 2 weeks after the relevant environmental
monitoring data are collected or become available, unless otherwise agreed with
the Director. The Permit Holder
shall maintain the dedicated website for public access of the environmental
monitoring data and reports throughout the entire construction period and
during the first 3-year of operation of the Project, or otherwise as agreed by
the Director.
4.3 The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA Report,
the environmental permit(s) and project profile of the Project. The internet
website shall have features capable of:
(a)
providing access to all environmental monitoring data
collected since the commencement of construction and all submissions under this
permit;
(b)
searching by date;
(c)
searching by types of monitoring data; and
(d)
hyperlinks to relevant monitoring data after searching;
or
otherwise as agreed by the Director.
Notes :
1. This
Permit consists of three parts, namely, PART A (Main
Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this
permit should obtain independent legal advice on the legal implications under
the Ordinance, and the following notes are for general information only.
2. If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit
Holder shall not carry out any associated works without the permission of the
Director or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the 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 construction
site.
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the Project could be continued. It is an offence under section
26(1) of the Ordinance to construct or operate a designated project listed in
Part I of schedule 2 of the Ordinance without a valid
environmental permit.
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable:-
i.
on a first conviction on indictment to a fine of $ 2
million and to imprisonment for 6 months;
ii.
on a second or subsequent conviction on indictment to a
fine of $ 5 million and to imprisonment for 2 years;
iii.
on a first summary conviction to a fine at level 6 and to
imprisonment for 6 months;
iv.
on a second or subsequent summary conviction to a fine of
$1 million and to imprisonment for 1 year; and
v.
in any case where the offence is of
a continuing nature, the court or magistrate may impose a fine of $ 10,000 for
each day on which he is satisfied the offence continued.
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance within 30 days of receipt of this Permit.
9. The
Notes are for general reference only and that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.
Figure 1 |
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