Environmental Permit No.   EP-438/2012/J

環境許可證編號 EP-438/2012/J

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

SECTIONS 10 and 13

環境影響評估條例

(第499章)

第10條及13條

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE

A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

  

PART A (MAIN PERMIT)

A部 (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the environmental permit (No. EP-438/2012) 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 (No. EP-438/2012/I) based on the Application No. VEP-495/2016. The amendments, described below, are incorporated into this environmental permit (No. EP-438/2012/J). 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2012年3月22日將環境許可證(No. EP-438/2012)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-495/2016修訂環境許可證(No. EP-438/2012/I)。以下修訂已包含在本環境許可證內(編號EP-438/2012/J)。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。本環境許可證是依據下列文件、批准或許可而簽發：

 

Application No.

申請書編號

VEP-495/2016

 

Document in the Register:

登記冊上的文件：

 

1. Shatin to Central Link (SCL) - Tai Wai to Hung Hom Section (Register No. AEIAR-167/2012) :

-          Environmental Impact Assessment (EIA) Report (October 2011) [Hereafter referred to as “the SCL(TAW-HUH) EIA Report”]

-          Environmental Monitoring and Audit (EM&A) Manual (October  2011) [Hereafter referred to as “the SCL(TAW-HUH) EM&A Manual”]

-          Executive Summary (October 2011)

 

1. 沙中線-大圍至紅磡段(登記冊檔號：AEIAR-167/2012):

-          環境影響評估報告 (2011年10月) [下稱“SCL(TAW-HUH)環評報告”]

-          環境監察審核手冊 (2011年10月) [下稱“SCL(TAW-HUH)環監手冊”]

-          行政摘要(2011年10月)

  

2.  Shatin to Central Link (SCL) – Stabling Sidings at Hung Hom Freight Yard (Register No. AEIAR-164/2012) :

-    Environmental Impact Assessment (EIA) Report (October 2011) [Hereafter referred to as “the SCL(HHS) EIA Report"]

-    Environmental Monitoring and Audit (EM&A) Manual (October  2011) [Hereafter referred to as “the SCL(HHS)EM&A Manual”]

-    Executive Summary (October 2011)

 

2.  沙中線-位於紅磡貨運站的列車停放處 (登記冊檔號：AEIAR-164/2012):

-    環境影響評估報告 (2011年10月) [下稱“SCL(HHS)環評報告”]

-    環境監察審核手冊 (2011年10月) [下稱“SCL(HHS)環監手冊”]

-    行政摘要(2011年10月)

 

3.  The Director’s letter of approval of the SCL(TAW-HUH) EIA Report dated 17 February 2012, (ref. (28) in Ax (2) to EP 2/G/A/124 Pt.7)

 

3.   署長於2012年2月17日發出SCL(TAW-HUH)環評報告的批准信，檔案編號: ((28) in Ax (2) to EP 2/G/A/124 Pt.7)

 

4.   The Director’s letter of approval of the SCL(HHS) EIA Report dated 17 February 2012, (ref. (30) in EP 2/G/A/160 Pt.3)

 

4.  署長於2012年2月17日發出SCL(HHS)環評報告的批准信，檔案編號: ((30) in EP 2/G/A/160 Pt.3 )

 

5.  Application for Environmental Permit submitted on 23 February 2012 (Application No. AEP-438/2012) [Hereinafter referred to as the “Application”]

 

5.    於2012年2月23日 提交的環境許可證申請文件 (申請書編: AEP-438/2012) [下 稱 「 申 請 書 」]

 

6.       Environmental Permit issued on 22 March 2012 (Permit No. EP-438/2012)

 

6.    於2012年3月22日簽發的環境許可證 (許可證編號EP-438/2012)

 

7.       Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 28 June 2012 (Application No. VEP-370/2012)

 

7.  許可證持有人於2012年6月28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-370/2012)

 

8.       Environmental Permit issued on 12 July 2012 (Permit No. EP-438/2012/A)

 

8.    於2012年7月12日簽發的環境許可證 (許可證編號EP-438/2012/A)

 

9.        Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 17 October 2012 (Application No. VEP-382/2012)

 

9.   許可證持有人於2012年10月17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-382/2012)

 

10.     Environmental Permit issued on 26 October 2012 (Permit No. EP-  438/2012/B)

 

10.  於2012年10月26日簽發的環境許可證 (許可證編號EP-438/2012/B)

 

11. Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 15 April 2013 (Application No. VEP-401/2013)

 

11.    許可證持有人於2013年4月15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-401/2013)

 

12.    Environmental Permit issued on 30 April 2013 (Permit No. EP-438/2012/C)

 

12.  於2013年4月30日簽發的環境許可證 (許可證編號EP-438/2012/C)

 

13.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 30 August 2013 (Application No. VEP-412/2013)

 

13.  許可證持有人於2013年8月30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-412/2013)

 

14.    Environmental Permit issued on 13 September 2013 (Permit No. EP-438/2012/D)

 

14.    於2013年9月13日簽發的環境許可證 (許可證編號EP-438/2012/D)

 

15.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 19 March 2014 (Application No. VEP-432/2014)

 

15.    許可證持有人於2014年3月19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-432/2014)

 

16.    Environmental Permit issued on 4 April 2014 (Permit No. EP-438/2012/E)

 

16.    於2014年4月4日簽發的環境許可證 (許可證編號EP-438/2012/E)

 

17.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 20 June 2014 (Application No. VEP-444/2014)

 

17.    許可證持有人於2014年6月20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-444/2014)

 

18.    Environmental Permit issued on 15 July 2014 (Permit No. EP-438/2012/F)

 

18.    於2014年7月15日簽發的環境許可證 (許可證編號EP-438/2012/F)

 

19.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 29 July 2014 (Application No. VEP-450/2014)

 

19.    許可證持有人於2014年7月29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-450/2014)

 

20.    Environmental Permit issued on 14 August 2014 (Permit No. EP-438/2012/G)

 

20.    於2014年8月14日簽發的環境許可證 (許可證編號EP-438/2012/G)

 

21.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 26 August 2014 (Application No. VEP-453/2014)

 

21.    許可證持有人於2014年8月26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-453/2014)

 

22.    Environmental Permit issued on 10 September 2014 (Permit No. EP-438/2012/H)

 

22.    於2014年9月10日簽發的環境許可證 (許可證編號EP-438/2012/H)

 

23.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 18 September 2015 (Application No. VEP-484/2015)

 

23.    許可證持有人於2015年9月18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-484/2015)

 

24.    Environmental Permit issued on 14 October 2015 (Permit No. EP-438/2012/I)

 

24.    於2015年10月14日簽發的環境許可證 (許可證編號EP-438/2012/I)

 

25.    Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 4 February 2016 (Application No. VEP-495/2016)

 

25.    許可證持有人於2016年2月4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-495/2016)

 

 

 

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-370/2012

28 June 2012

2012年6月28日

Vary Figures 1,3,4,5 and 11 of Environmental Permit No. EP-438/2012

更改環境許可證編號EP-438/2012的圖1,3,4,5及11

 

12 July 2012

2012年7月12日

VEP-382/2012

17 October 2012

2012年10月17日

Vary Conditions 2.21 and 2.22 in Part C of Environmental Permit No. EP-438/2012/A

更改環境許可證編號EP-438/2012/A C部條件第 2.21 及 2.22項

 

26 October 2012

2012年10月26日

VEP-401/2013

15 April 2013

2013年4月15日

Vary Figures 3 and 4 of Environmental Permit No. EP-438/2012/B

更改環境許可證編號 EP-438/2012/B的圖3及4

 

30 April 2013

2013年4月30日

VEP-412/2013

30 August 2013

2013年8月30日

Vary Figures 3 and 4 of Environmental Permit No. EP-438/2012/C

更改環境許可證編號 EP-438/2012/C的圖3及4

 

13 September 2013

2013年9月13日

VEP-432/2014

19 March 2014

2014年3月14日

Vary Figures 3, 4 and 6 of Environmental Permit No. EP-438/2012/D

更改環境許可證編號 EP-438/2012/D的圖 3，4 及6

 

4 April 2014

2014年4月4日

VEP-444/2014

 

20 June 2014

2014年6月20日

 

Vary Figures 3 and 4 of Environmental Permit No. EP-438/2012/E

更改環境許可證編號 EP-438/2012/E的圖 3及4

 

15 July 2014

2014年7月15日

VEP-450/2014

 

29 July 2014

2014年7月29日

 

Vary Condition 1.7 of Environmental Permit No. EP-438/2012/F to include the installation and operation of a Mobile Batching Machinery Equipment at Diamond Hill during the construction of SCL (TAW-HUH)

更改環境許可證編號EP-438/2012/F的條件第1.7項，以加入在沙中線-大圍至紅磡段建造工程期間在鑽石山安裝及運作流動配料機設備

 

14 August 2014

2014年8月14日

 

VEP-453/2014

26 August 2014

2014年8月26日

 

Vary Figure 11 of Environmental Permit No. EP-438/2012/G

更改環境許可證編號 EP-438/2012/G 的圖11

 

10 September 2014

2014年9月10日

 

VEP-484/2015

18 September 2015

2015年9月18日

 

 

Vary Figures 1 and 4 of Environmental Permit No. EP-438/2012/H

更改環境許可證編號 EP-438/2012/H 的圖1及4

 

Vary Condition 2.13 of Environmental Permit No. EP-438/2012/H

更改環境許可證編號EP-438/2012/H的條件第2.13項

 

14 October 2015

2015年10月14日

 

VEP-495/2016

 

4 February 2016

2016年2月4日

 

Vary Part B of the Environmental Permit No. EP-438/2012/I to include the decommissioning of temporary magazine site at Tseung Kwan O (TKO) Area 137

更改環境許可證編號EP-438/2012/I的B部，以加入解除運作將軍澳第137區的臨時爆炸品倉庫。

 

Add Conditions 2.35 and 2.36 to Environmental Permit No. EP-438/2012/I

在環境許可證編號EP-438/2012/I加入條件第2.35及第2.36項

 

29 February 2016

2016年2月29日

 

 

 

 

 

29 February 2016

2016 年 2 月 29 日

 

 

 

 

 

Date

日期

 

(Terence TSANG)

Acting Principal Environmental Protection Officer

(Strategic Assessment)

for Director of Environmental Protection

環境保護署署長

(署理首席環境保護主任(策略評估) 曾世榮代行

 

 

 

 

 

 

 

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:

 

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

指定工程項目的名稱

Shatin to Central Link (SCL) - Tai Wai to Hung Hom Section

[The project is hereinafter referred to as “the Project”.]

沙中線 - 大圍至紅磡段

[上述工程項目下稱 “工程項目” ]

 

Nature of Designated Project
指定工程項目的性質

The Project covers the following Designated Project elements under Part I, Schedule 2 of the EIAO :

 

-          A railway and its associated stations (Item A.2 of Part 1 of Schedule 2 of the EIAO);

-          A railway siding (Item A.4 of Part 1 of Schedule 2 of the EIAO);

-          A railway tunnel more than 800 m in length between portals (Item A.7 of Part 1 of Schedule 2 of the EIAO);

-          A railway bridge more than 100m in length between abutments (Item A.8 of Part 1 of Schedule 2 of the EIAO);

-          An explosive depot in a stand-alone, purpose built building (Item K.10 of Part 1 of Schedule 2 of the EIAO);

-          Decommissioning of an explosive depot (Item 11 of Part II 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1部A.2項)；

-          鐵路側線 (「環評條例」附表2第1部A.4項)；

-          入口之間的長度超過800米的鐵路隧道(「環評條例」附表2第1部A.7項)；

-          橋 台 之 間 的 長 度 超 過 100米 的 鐵 路 橋 樑 (「環評條例」附表2第1部A.8項)；

-          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1部K.10項) ；

-          解除運作一個爆炸品倉庫(「環評條例」附表2第II部第11項).

 

Location of Designated Project

指定工程項目的地點

General layout of the railway alignment and location of the railway stations and the works sites of the Project are shown in Figures 1,2, 3, 4 and 5 attached to this Permit.

 

工程項目及其工地的位置見載於本許可證夾附的圖1,2,3,4及5。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

Construction and operation of the following key elements:

 

(i)                   a railway of approximately 11km long from Tai Wai to Hung Hom;

(ii)                 seven railway stations at Hin Keng, Diamond Hill, Kai Tak, To Kwa Wan, Ma Tau Wai, Ho Man Tin and Hung Hom;

(iii)                stabling sidings at the former Hung Hom Freight Yard and associated launching/retrieval tracks;

(iv)               associated ventilation building, ventilation shafts, emergency access, emergency escape access and emergency egress point; and

(v)                 supporting works areas, access roads, barging facilities and temporary explosive magazine during the construction of the Project.

 

 

Decommissioning of the following element:

 

(i)                   temporary magazine site at Tseung Kwan O (TKO) Area 137.

 

建造和營辦以下的主要部份：

 

(i)                   長約11公里的鐵路，路線由大圍至紅磡；

(ii)                 7個位於顯徑、鑽石山、啓德、土瓜灣、馬頭圍、何文田及紅磡的車站；

(iii)                位於前紅磡貨運站的列車停放處和相關的進出站路軌;

(iv)               與鐵路相關的通風大樓、通風管道及緊急救援通道;及

(v)                 於施工期間的後勤施工區、幹道支路、躉船轉運設施、臨時爆炸品倉庫。

 

解除運作以下部份：

 

(i)                   將軍澳第137區的臨時爆炸品倉庫。

 

Remarks :

For Ho Man Tin (HOM) Station and Hung Hom (HUH) Station, the civil construction works will be carried out under the Kwun Tong Line Extension (KTE) Project and the SCL (Mong Kong East to Hung Hom Section) Project respectively. The construction works to be carried out under this Project will mainly include internal fitting-out works, track laying works and provision of other station facilities.

 

建造何文田站及紅磡站的土木工程主要分別納入在「觀塘線延線」和「沙中線(旺角東至紅磡段)」的工程項目內，而本工程項目會在何文田站及紅磡站進行內部裝修、舖設路軌及提供其他車站設施。

 

PART C (PERMIT CONDITIONS)

 

1.             General Conditions

 

1.1          The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and may become the subject of appropriate action being taken under the Ordinance.

 

1.2          The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 construction site(s) at all vehicular site entrances/exists 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 location.  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 location 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012); the SCL(HHS) EIA Report (Register No. AEIAR-164/2012); the application document (Application No. AEP-438/2012); other relevant documents in the Register; and the information or mitigation measures described in this Permit and the applications for variation of Environmental Permits as listed in Part A of 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 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 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 variations 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 EIA 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 EIA Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection.  For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

 

1.11        All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIA Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).  Electronic copies of all finalized submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.

 

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 notify the Director in writing the commencement date of operation 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 commencement date of the operation.

 

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 SCL(TAW-HUH) EM&A Manual and SCL(HHS) EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) 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 SCL(TAW-HUH) EM&A Manual and SCL(HHS) EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the SCL(TAW-HUH) EM&A Manual and SCL(HHS) 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 SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) 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 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 communications, enquiries and complaint handlings on environmental issues related to the Project and maintain the Community Liaison Groups throughout the entire construction period of the Project.   The Permit Holder shall follow up with the Community Liaison Groups on the implementation of mitigation measures and other initiatives proposed by the Permit Holder such as Indirect Technical Remedies in the form of upgraded glazing and air-conditioning for eligible dwellings affected by air-borne construction noise impact, as well as arrangement of continuous construction noise monitoring.  The Permit Holder shall notify the Director the date of setting up the Community Liaison Groups, the membership, the terms of reference and the contact details at least one month before the commencement of construction of the Project.

 

2.4          The Permit Holder shall set up a designated complaint hotline for the Project to address the environmental concerns and complaints in an efficient manner before the commencement of construction of the Project and maintain the designated complaint hotline throughout the entire construction period of the Project.

 

Employment of Certified Arborist

 

2.5          The Permit Holder shall appoint a Certified Arborist for the Project to advise on, monitor and ensure proper implementation of measures for protecting trees affected by the Project as well as trees to be transplanted, and to prepare submissions as required under Condition 2.13 of this Permit.

 

                Employment of Qualified Archaeologist

 

2.6          The Permit Holder shall appoint a qualified archaeologist to conduct further archaeological investigation at former Tai Hom Village site and the Sacred Hill (North) study area and to conduct rescue excavation to preserve any archaeological remains as required under Condition 2.16 of this Permit.

 

Management Organization of Main Construction Companies

 

2.7          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 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 Environmental Permit (EP) Submission Schedule

 

2.8          The Permit Holder shall, no later than two weeks before the commencement of the 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 accordingly in writing in case of any subsequent changes of items contained in this submitted construction programme and EP Submission Schedule.

 

Submission of Construction Noise Mitigation Measures Plan (CNMMP)

 

2.9          To further reduce the air-borne construction noise impacts on the 19 noise sensitive receivers (NSRs) shown in Table 1 of this Permit with exceedance after mitigation as predicted in the SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012), the Permit Holder shall, no later than one month before the commencement of the construction of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated Construction Noise Mitigation Measures 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 NSRs;

(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 noise mitigation measures for the 19 NSRs as shown in Table 1 of this Permit, including the provision of noise barriers, enclosures and Indirect Technical Remedies;

(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 Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  All measures recommended in the approved CNMMP shall be fully and properly implemented.  

 

2.10        Submission of Continuous Noise Monitoring Plan

              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 NSRs shown in Table 1 of this Permit with exceedance after mitigation in air-borne construction noise impact as predicted in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) and as updated in the CNMMP approved under Condition 2.9;

(b)                 drawings in the scale of 1:5,000 or other appropriate scale as agreed by the Director showing the proposed locations for conducting continuous noise monitoring;

(c)                 monitoring methodology and measurement parameters;

(d)                 a system to report the continuous noise monitoring results on a website 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 approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) or the levels as updated by the CNMMP approved under Condition 2.9.

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 approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012) or the updated prediction of noise levels as contained in the CNMMP approved under Condition 2.9.  All measures recommended in the Continuous Noise Monitoring Plan approved under this Condition shall be fully and properly implemented.

 

Submission of Construction and Demolition Materials Management Plan (C&DMMP)

 

2.11        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 approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  All measures recommended in the approved C&DMMP shall be fully and properly implemented.  

 

Submission of Sediment Management Plan

 

2.12        The Permit Holder shall, no later than one month before the commencement of construction works which involves dredging / excavating sediments, submit to the Director for approval four hard copies and one electronic copy of a sediment management plan.  The sediment management plan shall include, but not limited to, details of proper treatment and handling of sediments to be generated from the construction of the Project before disposal.

 

Before submission to the Director, the sediment management plan shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  All measures recommended in the approved sediment management plan shall be fully and properly implemented.  

 

Submission of Visual, Landscape, Tree Planting & Tree Protection Plan

 

2.13        The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit six hard copies and one electronic copy of the visual, landscape, 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, 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 stabling sidings at the former Hung Hom Freight Yard, stations, entrances, ventilation building, ventilation shafts, portals, noise barriers/enclosures and viaduct section at Hin Heng;

(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 to be felled;

(e)                 tree compensation proposal showing locations, size, number and plant species to be provided or compensated;

(f)                  post-planting care proposal showing the proposed establishment period and associated maintenance care requirements and frequency of 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 Condition 2.13(b) to (f) shall be prepared by the Certified Arborist appointed under Condition 2.5.   The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012), SCL(HHS) EIA Report (Register No. AEIAR-164/2012) and the application for variation of Environmental Permit as listed in Part A of this Permit.  All measures recommended in the approved Plan shall be fully and properly implemented and maintained for the Project.

 

Submission of Transplantation Proposal for Plant Species of Conservation Importance

 

2.14        To mitigate the ecological impact due to the loss of plant species of conservation importance, Aquilaria sinensis, the affected plants within the works area shall be transplanted before the commencement of construction.  A detailed pre-transplantation survey shall be carried out to ascertain the presence and the locations of plant species, Aquilaria sinensis wthin the works area.  The Permit Holder shall, no later than two months before commencement of transplanting works, deposit with the Director four hard copies and one electronic copy of transplantation proposal. The detailed transplantation proposal shall include the following information:

 

(a)                 qualification of the specialist(s) to carry out the transplantation works;

(b)                 number, locations and photographs of plants to be transplanted;

(c)                 locations of the receptor sites for transplantation;

(d)                 methodology and implementation programme; and

(e)                 detailed schedule for post-transplantation maintenance and monitoring of plants.

 

Before submission to the Director, the transplantation proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).

 

                Submission of Conservation Plan

 

2.15        The Permit Holder shall, no later than two months before the commencement of construction works affecting the two historic buildings, namely Former Royal Air Force Hangar and the Old Pillbox at the former Tai Hom Village site, submit four hard copies and one electronic copy of the conservation plan for the said two historic buildings to the Director for approval.  The conservation plan shall include at least the following information:

            

(a)                 a detailed plan for dismantling and reinstating the two said historic buildings; and

(b)                 implementation programme, maintenance and management schedules for actions recommended in the plan.

 

                Before submission to the Director, the conservation plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  All measures recommended in the approved conservation plan shall be fully and properly implemented for the Project.

 

                Submission of Archaeological Action Plan(s) (AAP(s))

 

2.16        The Permit Holder shall, no later than two months before the commencement of the further archaeological investigation at the former Tai Hom Village site or the Sacred Hill (North) study area, deposit with the Director four hard copies and one electronic copy of Archaeological Action Plan(s) for the sites. The Archaeological Action Plan(s) shall include:

 

(a)                 a detailed plan for further archaeological investigation and rescue excavation at the former Tai Hom Village site and the Sacred Hill (North) study area;

(b)                 a contingency plan to address possible arrangement when significant archaeological findings are unearthed during the further archeological investigation and rescue excavation.

 

Before submission to the Director, the AAP(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  All measures recommended in the deposited AAP(s) shall be fully and properly implemented for the Project.

 

                Submissions or Measures to be Implemented During Construction of the Project

 

                Measures for Avoiding Impact on Lung Tsun Stone Bridge and Former Kowloon City Pier

 

2.17        To avoid direct impact on the remains of Lung Tsun Stone Bridge and Former Kowloon City Pier, no at-grade construction works of the Project shall be carried out inside the “buffer zone” for the remains of Lung Tsun Stone Bridge and Former Kowloon City Pier as shown in the Figure 6 of this Permit.

 

                Measures for Mitigating Construction Dust Impact

 

2.18        In order to minimize the construction dust impact, the following dust mitigation measures shall be implemented:-

 

(a)                 watering once every working hour for active works areas, exposed areas and paved haul roads in Kowloon area to keep these active works areas, exposed areas and paved haul roads wet;

(b)                 watering once every 1.5 working hours for active works areas, exposed areas and paved haul roads in Tai Wai area to keep these active works areas, exposed areas and paved haul roads wet; and

(c)                 enclosing the unloading process at any barging point by a 3-sided screen with top tipping hall, and operating water spraying and flexible dust curtains at the discharge point.

 

 

Measures for Mitigating Aerial Emissions from Construction Plant

 

2.19        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.

 

                Measures for Mitigating Water Quality Impact from Dredging Works

 

2.20        All dredging works for the Kai Tak Runway Barging Point shall only be carried out within the site boundary as shown in Figure 7 of this Permit. No extension of the site boundary shall be permitted without the written approval of the Director.

 

2.21        Dredging shall only be carried out by closed grab dredger or backhoe dredger with closed bucket.  The dredging rate shall not exceed 500 m3 per day.  The dredging rate shall not exceed 41.7m3 per hour for closed grab dredger or 33.3 m3 per hour for backhoe dredger with closed bucket.  Other than closed grab dredger or backhoe dredger with closed bucket, the use of other type of dredger and the dredging rate shall be approved in writing by the Director before use.

 

2.22        Each closed grab dredger or backhoe dredger with closed bucket or other type of dredger approved by the Director shall be enclosed by silt curtain during dredging works.

 

Submission of Contamination Assessment Report and Remedial Action Plan (SLCA)

 

2.23        Supplementary land contamination assessment (SLCA) for the New Territories South Animal Centre in Hin Keng as shown in Figure 8 of this Permit for soil sampling and analysis of cyanide (free) shall be carried out after the site is handed over to the Permit Holder.  The Permit Holder shall, no later than one month after the completion of the land contamination investigation, deposit with the Director three hard copies and one electronic copy of Contamination Assessment Report (CAR) to document the SLCA findings. If land contamination is confirmed, the Permit Holder shall also submit to the Director for approval three hard copies and one electronic copy of Remedial Action Plan (RAP) to formulate necessary remedial measures.  Before submission to the Director, the 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 approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012).

 

                Measures for Mitigating Land Contamination and Submission of Remediation Works Report

 

2.24        If land contamination is confirmed, all remedial measures described in the RAP approved under Condition 2.23 of this Permit shall be fully implemented.  

 

2.25        If remediation is required, the Permit Holder shall deposit three hard copies and one electronic copy of Remediation Report (RR) to the Director, no later than one month after the completion of the remediation works.  The RR shall provide details on the remediation works carried out, types and volume of contaminated soil, standards and levels of treatment, and locations of all on-site and off-site disposal sites (including record of disposal).  The RR shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.24 is fulfilled.  No construction works at the New Territories South Animal Centre in Hin Keng shall be carried out prior to the EPD's endorsement of the said RR.

 

                Submissions and Measures Before and During Operation of the Project

            

                Submissions and Measures for Mitigating Operational Noise Impacts

 

2.26        The Permit Holder shall operate 8-car type SP 1900 / SP 1950 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 approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  The maximum train frequency operating on the Project from hours 0700 to 2300 shall not exceed 12 trains per 30 minutes in each direction.  The maximum train frequency operating on the Project from hours 2300 to 0700 of the following day shall not exceed 6 trains per 30 minutes in each direction.

 

2.27        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 hardcopies and one electronic copy of an Operational Ground-borne Noise Mitigation Measures Plan to justify the adequacy of the operational ground-borne noise mitigation measures for the Project.  The Plan shall include the review and verification of the assumptions adopted in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012), such as line source response and ground vibration conditions, and shall also include justifications and recommendations for any contingency noise mitigation measures found necessary, including but not limited to :

 

(a)                 resilent baseplates (type 1)

(b)                 isolated slab track (type 4)

 

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 and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).

 

2.28        The Permit Holder shall, no later than one month after completion of installation of 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 Operational Ground-borne Noise Mitigation Measures Plan deposited under Condition 2.27 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 to demonstrate that measures as set out in the Plan deposited under Condition 2.27 above has been fully and properly implemented.

 

2.29        To mitigate the operational air-borne noise from the viaduct section between Tai Wai Station and Hin Keng Station and from the operation of the stabling sidings at Hung Hom, noise mitigation measures as shown in Table 2 and Figures 9a, 9b, 10 and 11 of this Permit shall be installed.

 

2.30        The Permit Holder shall, no later than one month after the completion of installation of noise mitigation measures as required under Condition 2.29 above, deposit with the Director four hard copies and one electronic copy of a set of as-built drawings showing:-

 

(a)                 the operational air-borne noise mitigation measures under Condition 2.29 above; and

(b)                 any additional or changes in measures if required.

 

Before submission to the Director, the as-built drawings for operational air-borne noise mitigation measures shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  All measures recommended in the deposited as-built drawings shall be fully and properly implemented and maintained for the Project.

 

2.31        At least one month before commencement of operation of the Project, the Permit Holder shall carry out noise performance test 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 air-borne and ground-borne noise levels in accordance with the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  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 approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  Any necessary measure(s) as recommended in the Noise Performance Test Report shall be fully and properly implemented and maintained for the Project.

 

2.32        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 harcopies and one electronic copy of an audit report showing the design of the fixed plant noise sources associated with the Project complies with the maximum sound power levels determined in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).  The audit report shall also confirm that 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 as conforming to the information and recommendations contained in the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012).

 

Submissions of As-Built Drawings of Measures for Mitigating Landscape and Visual Impacts

 

2.33        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 2.13 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 2.13 has been fully and properly implemented.

 

Measures for Mitigating Impacts on Water Quality from Track Run-off

 

2.34        To mitigate water quality impact from tunnel run-off from rail track :-

 

(a)                 track drainage discharges 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.

 

Submissions and Measures for Decommissioning of the Temporary Magazine Site at TKO Area 137

 

                Measure for Decommissioning of the Temporary Magazine Site at TKO Area 137

 

2.35        The Permit Holder shall ensure that there is no explosive being stored in the magazine and the “Licence to Possess Category 1 Dangerous Goods” has been returned and accepted by Mines Division of Civil Engineering and Development Department before the commencement of the decommissioning works.

 

                Submissions and Measures for Land Contamination Assessment

 

2.36       Land contamination assessment for the temporary explosive magazine site as shown in Figure 5 of this Permit shall be carried out. The Permit Holder shall,

 

(a)                no later than one month before the commencement of the land contamination site investigation, submit three hard copies and one electronic copy of Contamination Assessment Plan (CAP) to the Director for approval. The CAP shall include proposal with details of representative sampling and analysis required to determine the nature and extent of contamination;

 

(b)                no later than one month after the completion of the land contamination site investigation works, submit three hard copies and one electronic copy of Contamination Assessment Report (CAR) to the Director for approval which shall document the land contamination assessment findings.

 

(c)                 If land contamination and the need for remediation is confirmed, the Permit Holder shall submit to the Director for approval three hard copies and one electronic copy of Remediation Action Plan (RAP) to formulate necessary remedial measures. All remedial measures described in the approved RAP shall be fully implemented. The Permit Holder shall also submit three hard copies and one electronic copy of Remediation Report (RR) to the Director for approval, no later than one month after the completion of the remediation works.  The RR shall provide details on the remediation works carried out, types and volume of contaminated soil, standards and levels of treatment, and location(s) of disposal site(s) (including record of disposal). 

 

Before submission to the Director, the CAP, CAR, RAP and RR shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the application for Variation of Environmental Permit (No. VEP-495/2016).

 

3.          Environmental Monitoring and Audit (EM&A) Requirements

 

3.1        The EM&A programme shall be implemented in accordance with the procedures and requirements in the SCL(TAW-HUH) EM&A Manual, SCL(HHS) EM&A Manual and the Continuous Noise Monitoring Plan approved under Condition 2.10 of this Permit.  The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.8. 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 as conforming to the requirements set out in the SCL(TAW-HUH) EM&A Manual, SCL(HHS) EM&A Manual and the Continuous Noise Monitoring Plan approved under Condition 2.10 of this Permit, and 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 SCL(TAW-HUH) EM&A Manual and SCL(HHS) 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 SCL(TAW-HUH) EM&A Manual and SCL(HHS) EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the SCL(TAW-HUH) EM&A Manual and SCL(HHS) EM&A Manual are exceeded; and

(d)                       logging and keeping records of the 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 the information 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 submission shall be certified by the ET Leader and verified by the IEC.  Additional copies of the submission shall be provided upon request by the Director.

 

3.4        Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks 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 certified by the ET Leader and verified by the IEC as complying with the requirements set out in the SCL(TAW-HUH) EM&A Manual, SCL(HHS) EM&A Manual.  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 Condition 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.

 

4.2        The Permit Holder shall set up a dedicated website and notify the Director in writing the internet address where the environmental monitoring data and project information is to be placed within 1 month after the commencement of construction of the Project.  All environmental monitoring data described in Condition 4.1 of this Permit and all submissions required by this Permit shall made available to the public via this dedicated website 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 period of operation of the Project, or otherwise as agreed by the Director.

 

4.3        The internet website as described in Condition 4.2 of this Permit shall enable user-friendly public access to the environmental monitoring data and project information including the approved SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012) and SCL(HHS) EIA Report (Register No. AEIAR-164/2012), 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 of this Project collected since the commencement of construction;

(b)                       providing access to all finalized submissions as required under this Permit;

(c)                       searching by date;

(d)                       searching by types of monitoring data (water quality, noise and air quality); and

(e)                       hyperlinking 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 (Descriptions 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 site.

 

6.     If this Permit is cancelled or surrendered during construction 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 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-438/2012/J

環境許可證編號EP-438/2012/J

| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9a | Figure 9b | Figure 10 | Figure 11 |

[ Back to First Page ] / [ Back to Main Index ]

 

Table 1 - List of noise sensitive receivers (NSRs) with predicted residual air-borne construction noise impacts exceeding  noise criteria as listed in Table 1B of EIAO-TM (to be read in conjunction with Condition 2.9 of this Permit)

(Extracted from Table 8.15 of the SCL(TAW-HUH) EIA Report (Register No. AEIAR-167/2012)

 

NSR ID

NSR Description

Uses[1]

Criterion [2]

dB(A)

Predicted

Maximum Noise Level dB(A)

Predicted

Residual Noise Impact

dB(A)

TAW-6-7

C.U.H.K.A.A. Thomas Cheung School

E

70 (65) [2]

 

68(67)

0 (2) [3]

DIH-9-1

Shek On Building

E + W

70 (65) [2]

 

70 (70)

0(5) [3]

DIH-13-1

Canossa Primary School

E

70 (65) [2]

 

67(66)

0(1) [3]

DIH-14-1

Rhythm Garden Block 2

R

75

77

2

DIH-14-4

Canossa Primary School (San Po Kong)

E

70 (65) [2]

 

69 (68)

0 (3) [3]

DIH-14-5

Rhythm Garden Block 1

R

75

78

3

TKW-1-1

Parc 22

R

75

80

5

TKW-2-2

Skytower Tower 2

R

75

76

1

TKW-3-2

Prosperity House

R

75

80

5

MTW-12-3

Lucky Mansion

R

75

80

5

MTW-12-4

352-354 Ma Tau Wai Rd (East Façade)

R

75

80

5

MTW-12-4-1

352-354 Ma Tau Wai Rd (North Facade)

R

75

84

9

MTW-12-10

Lucky Building (South Facade)

R

75

84

9

MTW-12-10-1

Lucky Building (East Facade)

R

75

80

5

MTW-12-11

Jing Ming Building

R

75

82

7

MTW-16-1

SKH Good Shepherd Primary School

E

70 (65) [2]

 

79 (79)

9(14) [3]

MTW-18-2

No. 2 Kowloon City Road

R

75

81

6

HOM-2-1-A

Faerie Court (East Facade)

R

75

78

3

HUH-1-3

Wing Fung Building

R

75

77

2

 

Notes:

[1]       R- Residential; E – Educational institution; W-Worship

[2]       Values in parentheses indicate the noise criterion during examination period (typical examination period in May, June, November and December) of educational institution.

[3]       Residual impact is only expected during the examination period (typical examination period in May, June, November and December) of the educational institution.

Table 2 – Details of requirements on noise barriers/enclosures (to be read in conjunction with Condition 2.29 and Figures 9a 9b,10 and 11 attached to this Permit)

 

 

Location

Track Direction

Type of noise Mitigation Measures

 

Length (m)

Height (m)

Hin Keng

 

P1 as shown on Figures 9a and 9b of this Permit

Up track

Noise barrier

350

2

P2 as shown on Figures 9a and 9b of this Permit

Up track

Noise barrier

100

2

P3 as shown on Figures 9a and 9b of this Permit

Down track

Noise barrier

150

3

P4 as shown on Figures 9a and 9b of this Permit

Tail track

Noise barrier

300

7

P5 as shown on Figures 9a and 9b of this Permit

Up track

Noise barrier

50

3

South-west of TAW near Mei Tin Road as shown on Figure 10 of this Permit

N/A

Noise cover

15

N/A

Hung Hum

 

P1 as shown in Figure 11 of this Permit

N/A

Semi-enclosure

N/A

7

P2 as shown in Figure 11 of this Permit

N/A

Noise barrier

35

5

P3 as shown in Figure 11 of this Permit

N/A

Noise barrier

45

5