Environmental
Permit No. EP-463/2013/A
環境許可證編號No.
EP-463/2013/A
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 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) granted the Environmental Permit (No. EP-463/2013) to
the CIVIL ENGINEERING AND DEVELOPMENT DEPARTMENT (hereinafter
referred to as the “Permit Holder”) on 9 October 2013. Pursuant to
Section 13 of the EIAO, the Director amends the Environmental Permit (No. EP-463/2013) based on the Application No. VEP-468/2015. The amendments described below, are incorporated
into this Environmental Permit (No. EP-463/2013/A). This Environmental Permit
as amended is for construction and operation of the designated project
described in Part B
of this Permit subject to the conditions specified in or attached to Part C of
this Permit. 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2013年10月9日將環境許可證(編號：EP-463/2013)批予土木工程拓展署 (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-468/2015修訂環境許可證編號EP-463/2013。以下修訂已包含在本環境許可證內 (編號：EP-463/2013/A)。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程項目，但須遵守本許可證C部所說明或附載的條件。本環境許可證是依據下列文件、批准或許可而簽發：
|
Application
No. 申請書編號 |
VEP-468/2015 |
|
Documents in
the Register: 登記冊上的文件： |
(1) Widening and
Reconstruction of Tai Po Road (Sha Tin Section) (Register No.: AEIAR-020/1999) - Environmental Impact Assessment
Report (August 1999) [hereinafter referred
to as the "EIA Report"] - Environmental Monitoring
and Audit Manual (April 2000) [hereinafter
referred to as the “EM&A Manual”] 大埔公路(沙田段)擴闊及重建工程(登記冊編號： AEIAR-020/1999) - 環境監察及審核手冊(2000年4月) [下稱 “環監手冊”] |
|
|
(2)
The Director’s letter of approval of the EIA
Report dated 19 November 1999 (Reference: Ax(1) to EP2/N1/A/33) 署長於1999年11月19日發出批准環評報告的信件 (檔案編號: Ax(1) to
EP2/N1/A/33) (3)
Documents attached to the Application for Environmental Permit
submitted by the Permit Holder on 18 September 2013 (Application No.: AEP-463/2013)
- “Widening
of Tai Po Road (Sha Tin Section), EIA Review
Report (September 2013)” [Hereinafter
referred to as the "EIA Review
Report"] 許可證持有人於
2013年 9月 18日提交的環境許可證申請書夾附的文件
(申請書編號 ： AEP-463/2013) - 《大埔公路(沙田段)擴闊工程–環評檢討報告 (2013 年 9月) 》[下稱 “環評檢討報告”] (4)
Environmental Permit issued on 9 October 2013 (Permit No.: EP-463/2013)
於2013年10月 9日發出的環境許可證 (許可證編號﹕EP-463/2013) (5)
Application for Variation of Environmental Permit No. VEP-468/2015 including
all attachments submitted by the Permit Holder on 27 February 2015. [Hereafter
referred to as “the Application VEP-468/2015] 許可證持有人於2015年2月27日提交的更改環境許可證編號VEP-468/2015的申請和附件 [下稱“申請書編號VEP-468/2015”]
|
|
Application No. 申請書編號 |
Date
of Application 申請日期 |
List of Amendments Incorporated into this
Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-468/2015 |
27 February 2015 2015年2月27日 |
-
Vary
Figure 1 and Figures 2a to 2d of Environmental Permit No. EP-463/2013 -
更改在環境許可證編號EP-463/2013的圖1及圖2a至2d |
16 March 2015 2015年3月16日 |
16 March 2015
2015年3月16日
|
Date 日期 |
|
(Maurice
K.L. YEUNG) Principal
Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
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 所提及的指定工程項目的說明:
|
Title
of Designated Project 指定工程項目的名稱 |
Widening
and Reconstruction of Tai Po Road (Sha Tin Section) [Hereinafter referred to as "the
Project"] |
|
Nature of Designated Project |
A major improvement to an existing primary distributor road 對現有主要幹路作重大改善工程。 |
|
Location of Designated Project 指定工程項目的地點 |
大埔公路(沙田段)。 工程項目的位置載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated
Project 指定工程項目的規模和範圍 |
Widening and reconstruction of an approximate 1.2km long of the existing Tai
Po Road (Sha Tin Section) from dual 2-lane to dual
3-lane
carriageway; and improvement of the existing Sha
Tin Rural Committee Road and its junctions. 擴闊及重建現時大埔公路(沙田段)一段長約1,200米的路段，由雙線雙程道路改為三線雙程道路; 並改善現時的沙田鄉事會路及其交滙處。 |
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 (EIAO) (Cap.
499) and may become the subject of appropriate action being taken under the EIAO.
1.2 The Permit
Holder shall ensure full compliance with all legislation from time to time in
force including, without limitation to, the Air Pollution Control Ordinance
(Cap. 311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control
Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400) and Dumping at Sea
Ordinance (Cap. 466). This Permit does not of itself constitute any
ground of defence against any proceedings instituted under any legislation
or imply any approval under any legislation.
1.3 The Permit
Holder shall make copies of this Permit together with all documents referred to
in this Permit and the documents referred to in Part A of the Permit readily available at all times for
inspection by the Director or his authorized officers at all sites/offices covered by this Permit. Any reference to
the Permit shall include all documents referred to in the Permit and also the
relevant documents in the Register.
1.4 The Permit
Holder shall give a copy of this Permit to the person(s) in charge of the
site(s) and ensure that such person(s) fully understands all conditions and all
requirements incorporated in the Permit. The site(s) refers
to site(s) of construction and operation of the Project and shall mean the same
hereafter.
1.5 The Permit
Holder shall display conspicuously a copy of this Permit on the Project site(s)
at all vehicular site entrances/exits or at a convenient location for public
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-020/1999), the EIA Review Report, the application documents for
environmental permit (Application No. AEP-463/2013), other relevant documents in the Register, the information and 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
ongoing 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 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, or all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any variation of the submissions shall be
approved by the Director in writing or as prescribed in the relevant permit
conditions. Any non-compliance with the submissions may constitute a
contravention of the Environmental Impact Assessment Ordinance (Cap. 499). All submissions
or any variation of the submissions shall be certified by the Environmental
Team (ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 below, before submitting to the Director
under the Permit.
1.10 The Permit Holder shall release all finalized submissions,
as required under this Permit, to the public by depositing copies in the EIAO
Register Office, or in any other places, or any internet websites as specified
by the Director, or by any other means as specified by the Director for public
inspection. For this purpose, the Permit Holder shall provide sufficient copies
of the submissions.
1.11 All submissions to the Director required under this Permit
shall be delivered either in person or by registered mail to the EIAO Register
Office (currently at 27/F, Southorn Centre,
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.
2. Specific
Conditions
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
two weeks before the commencement of construction of the Project. The ET shall not
be in any way an associated body of the Contractor or the Independent
Environmental Checker (IEC) for the Project. The ET shall be
headed by an ET Leader. The ET Leader shall be a person who has at least 7 years
of experience in environmental monitoring and auditing (EM&A) or
environmental management. The ET and the ET Leader shall be responsible
for the implementation of the EM&A programme in accordance
with the EM&A requirements as contained in the updated EM&A Manual submitted and approved under Condition 2.3 of this Permit. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report (Register No.: AEIAR-020/1999), the EIA
Review 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 (Register No.: AEIAR-020/1999),
the EIA Review 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 updated 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 two weeks before the 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 updated EM&A Manual submitted and approved under Condition 2.3 of this Permit, and shall audit the overall EM&A performance,
including the implementation of all environmental mitigation measures,
submissions required in the updated 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
change of circumstances or non-compliance with the recommendations of the EIA
Report (Register No.: AEIAR-020/1999), the EIA Review Report and this Permit,
which might affect the monitoring or control of adverse environmental impacts
from the Project. In case the IEC fails to so notify the
Director of the same, fails to discharge the duties of
the IEC as defined in the updated 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.
Submission of Updated
Environmental Monitoring and Audit Manual
2.3 The Permit Holder shall update the EM&A Manual
to include the latest EM&A requirements in accordance with the information
and recommendations described in the EIA Review Report and by taking into account any specific site conditions, such as
on the protection and monitoring regime of old and valuable trees, that may be
changed before the construction of the Project. The Permit Holder shall, at
least one month before the commencement of construction of the Project, deposit with the Director four hard copies and
four electronic copies of
the updated EM&A Manual. Before submission to the Director, the updated
EM&A Manual shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations described in the EIA Report (Register No. AEIAR-020/1999) and the EIA Review
Report, and taking into account any specific requirements with respect to the
latest site conditions of the Project. All measures recommended in the updated EM&A
Manual approved under this Condition shall be fully and properly implemented in
accordance with the requirements and time schedule(s) set out in the updated
EM&A Manual. The EM&A Manual deposited
under this Condition shall hereinafter be referred to as the “updated EM&A
Manual”.
Submission of Landscape Plan
2.4 The Permit Holder shall, at least one month
before the commencement of the corresponding parts of landscape works of the
Project, deposit with the Director four hard copies and four electronic copies
of landscape plan(s). The landscape
plan(s) shall show the design details, confirmation of the feasibility for proposed planting, 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 plan(s) 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 (Register No. AEIAR-020/1999) and the EIA Review Report. All landscape and visual mitigation measures shall be properly implemented
and maintained for the Project in accordance with the deposited landscape plan. The Permit Holder shall make
available additional copies to the Director upon his request.
Submissions after Commencement of Construction of the
Project
2.5
The Permit Holder shall, within one month after 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 information,
to be submitted, shall include at least an organization chart, names of
responsible persons and their contact details.
Measures to mitigate Water Quality Impacts during
Construction of the Project
2.6
Channels, earth bunds or sand bag barriers shall be provided on site to
direct storm water to silt removal facilities.
2.7
Water to be pumped out from trenches or foundation excavations shall be
discharged into storm drains via silt removal facilities.
2.8
All drainage facilities shall be properly maintained to ensure efficient
operation at all times.
2.9
Construction waste, debris and rubbish shall be properly collected,
handled and disposed of to avoid water quality impacts.
2.10
Construction work force sewage shall be handled by temporary or
permanent public toilets or by portable chemical toilets or sewage holding
tanks with the sewage to be regularly collected.
Measures to mitigate Dust Impacts during Construction of
the Project
2.11
On-site storage of excavated materials shall be covered by impervious
sheeting or sprayed with water to keep the entire surface wet.
2.12
Every vehicle shall be
washed to remove dusty materials from its body and wheels before leaving the
construction site.
2.13
The haul road shall
be sprayed with water to keep the entire road surface wet.
Measures to mitigate Traffic Noise Impact during
Operation of the Project
2.14
To mitigate traffic noise impact arising from the Project, the Permit Holder shall implement
all noise mitigation measures as shown in Figures
2a to 2d of this Permit before commencement of operation of the
Project. All noise mitigation measures implemented shall be properly maintained during operation of the
Project.
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 updated EM&A Manual deposited under Condition
2.3 of this Permit. Any
change to the EM&A requirements or programme shall be justified by the ET
Leader and verified by the IEC as conforming to the relevant requirements set
out in the updated EM&A Manual and shall seek the prior approval
from the Director before implementation.
3.2 Samples, measurements
and necessary remedial actions shall be taken in accordance with the
requirements of the updated EM&A Manual by:-
(i)
conducting baseline environmental monitoring;
(ii)
conducting impact monitoring;
(iii)
carrying out remedial actions described in the
Event/Action Plans of the updated 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 updated EM&A Manual are exceeded; and
(iv)
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
Three hard copies and two 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 complied with the
requirements as set out in the updated EM&A Manual
before submission to the Director. The ET
Leader and IEC shall personally inspect the site within each reporting cycle
prior to certification and verification of compliance of EM&A Reports. Additional copies of
the submission shall be provided upon request by the Director.
3.4
Three hard copies and two electronic copy of
monthly EM&A Report shall be submitted to the Director within 2 weeks after
the end of each reporting month throughout the entire
construction period. The EM&A Reports
shall include a summary of all non-compliance. The submissions
shall be certified by the ET Leader and verified by the IEC as complying with
the requirements as set out in the updated EM&A Manual before submission to the Director. Additional copies of
the submission shall be provided to the Director upon request by the Director.
3.5 All EM&A data
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 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 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 above 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.
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
EIAO, and the following notes are for general information only.
2. If there is a
breach of any condition 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 EIAO to the Director for a variation
of the conditions of this Permit. The Permit Holder shall replace the original
permit displayed on the Project site by the amended permit.
4. A person who
assumes responsibility for the whole or a part of the Project may, before he
assumes responsibility of the Project, apply under Section 12 of the EIAO to
the Director for a further environmental permit.
5. Under Section
14 of the EIAO, the Director may with the consent of the Secretary for the
Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit
shall be removed from display at the Project site.
6. If this Permit
is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the EIAO before
the Project could be continued. It is an offence under Section 26(1) of the
EIAO to construct
or operate a designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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
EIAO 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 EIAO
for details and seek independent legal advice.
Environmental Permit No. EP-463/2013/A
環境許可證編號EP-463/2013/A
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