Environmental Permit No. EP-404/2011/D

環境許可證編號EP-404/2011/D

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 EIA Ordinance), the Director of Environmental Protection (the Director) granted the environmental permit (No. EP-404/2011) to Civil Engineering and Development Department (hereinafter referred to as the “Permit Holder”) on 24 March 2011. Pursuant to Section 13 of the EIAO, the Director amends the environmental permit (No. EP-404/2011/C) based on the Application No. VEP-519/2016. The amendments, described below, are incorporated into this environmental permit (No. VEP-404/2011/D). 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.

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2011年3月24日將環境許可證(編號 EP-404/2011) 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-519/2016修訂環境許可證編號EP-404/2011/C。以下修訂已包含在本環境許可證內(編號EP-404/2011/D)。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。

The issue of this environmental permit is based on the documents, approvals or permissions described below:

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-519/2016

Document in the Register:

登記冊上的文件：

(1) Agreement No. CE 45/2008 (CE) Liantang / Heung Yuen Wai Boundary Control Point and Associated Works :

– Environmental Impact Assessment Report (December 2010) [Hereinafter referred to as the “EIA Report”]

– Environmental Monitoring and Audit Manual (December 2010) [Hereinafter referred to as the “EM&A Manual”]

– Environmental Impact Assessment Executive Summary (December 2010) [Hereinafter referred to as the “EIA Executive Summary”]

(Register No. AEIAR-161/2011)

(1) 合約編號：CE 45/2008 (CE) 蓮塘/香園圍口岸與相關工程：

– 環境影響評估報告 (2010年12月) [下稱「環評報告」]

– 環境監察及審核手冊 (2010年12月) [下稱「環評摘要」]

– 環境影響評估行政摘要 (2010年12月) [下稱「環監手冊」]

(登記冊編號 : AEIAR-161/2011)

(2) The Director’s letter of approval of the EIA Report dated 24 March 2011, ref.: (60) in Ax(1) to EP 2/N7/A/52 Part 6.

(2) 署長於2011年3月24日發出批准環評報告的信件，檔案編號：(60) in Ax(1) to EP 2/N7/A/52 Part 6。

(3) Application for Environmental Permit submitted on 25 October 2010 (Application No. AEP-404/2010)

(3) 於2010年 10月25日提交的環境許可證申請 (申請書編號：AEP-404/2010) 。

(4) Environmental Permit issued on 24 March 2011 (Permit No. EP-404/2011).

(4) 於2011年3月24日簽發的環境許可證 (許可證編號EP-404/2011)。

(5) Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 8 October 2013 (Application No. VEP-414/2013).

(5) 許可證持有人於2013年10月8日提交的更改環境許可證申包括所有附件(申請書編號VEP-414/2013)。

(6) Environmental Permit issued on 28 October 2013 (Permit No. EP-404/2011/A)

(6) 於2013年10月28日簽發的環境許可證(許可證編號EP-404/2011/A)

(7) Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 3 December 2014 (Application No. VEP-458/2014).

(7) 許可證持有人於2014年12月3日提交的更改環境許可證申包括所有附件(申請書編號VEP-458/2014)。

(8) Environmental Permit issued on 24 December 2014 (Permit No. EP-404/2011/B)

(8) 於2014年12月24日簽發的環境許可證(許可證編號EP-404/2011/B)

(9) Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 17 February 2015 (Application No. VEP-466/2015).

(9) 許可證持有人於2015年2月17日提交的更改環境許可證申包括所有附件(申請書編號VEP-466/2015)。

(10) Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 23 December 2016 (Application No. VEP-519/2016).

(10) 許可證持有人於2016年12月23日提交的更改環境許可證申包括所有附件(申請書編號VEP-519/2016)。

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 No. 414/2013

8 October 2013

2013年10月8日

Addition of Figure 1a to cover the off-site works areas.

新增圖一a以涵蓋工程項目範圍外的附加工地。

28 October 2013

2013年10月28日

VEP No. 458/2014

3 December 2014

2014年12月3日

Vary Conditions 1.7, 3.10, 3.11, 3.12 and Figure 3 in Part C of Environmental Permit No. EP-404/2011/A

更改環境許可證編號EP-404/2011/A C部的條件第1.7, 3.10, 3.11, 3.12 項及圖三

Addition of Figure 1b to show the locations of tunnel construction works..

新增圖一b以表示隧道工程的位置

24 December 2014

2014年12月24日

VEP No. 466/2015

17 February 2015

2015年2月17日

Vary Conditions 1.7, 3.5, Figure 1, 4a to 4b, 5a to 5b, 6a to 6d, 7b to 7e and Table 2 in Part C of Environmental Permit No. EP-404/2011/B

更改環境許可證編號EP-404/2011/B C部的條件第1.7, 3.5 項, 圖一, 四a至四b, 五a至五b, 六a至六d, 七b至七e及表 2

Addition of Figure 5c, 6e and 7f to 7h to show the locations of Noise Barriers.

新增圖五c, 六e及七f至七h以表示隔音屏障的位置

Delete Figure 7a of EP-404/2011/B.

删除環境許可證編號 EP-404/2011/B的圖七a

12 March 2015

2015年3月12日

VEP 519/2016

23 December 2016

Vary Conditions 1.7 and 3.5 in Part C of Environmental Permit No. EP-404/2011/C

更改環境許可證編號EP-404/2011/C C部

的條件第1.7及 3.5 項

Addition of Condition 3.13 in Part C of Environmental Permit No. EP-404/2011/C

新增環境許可證編號EP-404/2011/C C部條件第3.13 項

Delete Table 2 and replace Figure 4a-b, 5a-c, 6a-e and 7b-h of EP-404/2011/C by Fig 4, 5, 6 and 7.

删除環境許可證編號 EP-404/2011/C的表二及以圖四五,六及七取代圖四a-b, 五a-c, 六a-e 及七b-h

Addition of Figure 1c to cover the temporary works area at Lung Kwu Sheung Tan

新增圖一c以涵蓋位於龍鼓上灘的臨時附加工地

Addition of Figure 1c to cover the temporary works area at Lung Kwu Sheung Tan

新增圖一c以涵蓋位於龍鼓上灘的臨時附加工地

VEP 519/2016

20 January 2017

Date

日期

(C F WONG)

Principal Environmental Protection Officer

(Strategic Assessment)

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任(策略評估)黃傳輝代行)

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

Hereunder is the description of the designated project mentioned in Part A of this environmental permit

(hereinafter referred to as the “Permit”):

下列為本環境許可證(下稱“許可證”) A部所提述的指定工程項目的說明:

Title of Designated Project

指定工程項目的名稱

Liantang / Heung Yuen Wai Boundary Control Point and Associated Works

蓮塘/香園圍口岸與相關工程

[This designated project is hereinafter referred to as “the Project”]

[本指定工程項目下稱 “工程項目”]

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

(i) Construction of a new road which is a trunk road

(i) 興建屬幹道的新道路

(ii) Reuse of treated sewage effluent from a treatment plant

(ii) 從處理廠流出並經處理的污水進行再使用

Location of Designated Project

指定工程項目的地點

The overall view of alignment and works sites of the Project including the additional off-site works areas are shown in Figure 1 and 1a attached to this Permit.

工程項目的走綫及工地包括工程項目範圍外的附加工地示意圖見載於本許可證夾附的圖一及一a。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project mainly consists of the followings:-

工程項目主要範圍包括以下各項：－

(i) construction of a dual two-lane trunk road of 11km in length;

(i) 建築一條11公里長的雙程雙線分隔主幹路；

(ii) on-site sewage treatment facility and effluent reuse;

(ii) 污水處理設施及重用巳處理的污水；

(iii) site formation for construction of a Boundary Control Point (BCP) building in the area of Chuk Yuen Village;

(iii) 平整土地，以在竹園村範圍興建口岸大樓；

(iv) associated drainage facilities discharging into the Shenzhen River;

(iv) 為口岸而設、及排放至深圳河的排水系統；

(v) cargo processing facilities;

(v) 貨物處理設施；

(vi) passenger related facilities;

(vi) 與旅客有關的設施；

(vii) accommodation for and facilities of the Government departments;

(vii) 有關服務的政府部門的辦公室地方和設施；

(viii) provision of transport related facilities inside the BCP;

(viii) 在口岸設置相關的運輸設施；

(ix) other peripheral structures and supporting facilities;

(ix) 其他周邊建設和輔助設施；

(x) associated diversion / modification works at Lin Ma Hang Road; and

(x) 在蓮麻坑路進行相關的交通改道/修建工程；以及

(xi) associated environmental mitigation measures.

(xi) 相關的環境緩解措施。

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 under the Ordinance.

1.2 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) 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 or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction and operation of the Project and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular site entrances/exits or at a convenient location for public’s information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended Permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site(s).

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No.: AEIAR-161/2011) as described in Part A of this Permit; the Director’s letter of approval of the EIA Report dated 24 March 2011 referenced (60) in Ax(1) to EP 2/N7/A/52 Part 6, 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, mitigation measures to be recommended under ongoing surveillance and monitoring activities during all stages of the Project and other relevant documents in the Register. 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, 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 2.3 of this Permit below, before submitting to the Director under this Permit.

1.10 The Permit Holder shall release all finalised submissions as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any Internet websites as specified by the Director, or by any means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

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

1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.

2 Submissions or 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 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.

2.2 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.

2.3 An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

2.4 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 2.2 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/or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

2.5 All documents to be submitted or deposited as required under this Permit shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the EIA Report.

2.6 The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submissions of Project Layout Plans

2.7 The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit with the Director 3 sets of layout plan(s) of scale 1:1000 with an explanatory statement detailing the works schedule, works boundary, the works areas and the tunnel alignment of the Project. The plan(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.

Submission of a Vegetation Survey Report

2.8 The Permit Holder shall, no later than three months before commencement of construction of the Project, deposit with the Director 3 sets of Vegetation Surveys Report. The submission shall provide the results of a detailed vegetation survey for the purpose of:

(a) confirming the conditions of individual flora species of conservation importance identified in the EIA Report and during the course of the survey, including Euonymus kwangtungensis and Aquilaria sinensis;

(b) preparing an updated location plan showing the individual species of conservation importance and identifying the individuals which will be affected by the Project;

(c) identifying suitable treatment for the identified individual species of conservation importance and reception site(s) for transplantation; and

(d) recommending an implementation programme for in-situ preservation of the identified species of conservation importance and transplantation of the affected species.

Before submission to the Director, the report shall be certified by the ET Leader and verified by the IEC.

Submission of an updated Woodland Compensation Plan

2.9 The Permit Holder shall update the Woodland Compensation Plan (WCP) in the EIA Report based on the Vegetation Survey Report referred to in Condition 2.8 of this Permit and, no later than three months before commencement of construction of the Project, submit 3 sets of updated Woodland Compensation Plan to the Director for approval. The submission shall set out the planting strategy including details of plantation species, specifications for the establishment of the habitats and subsequent maintenance and monitoring requirements for the Woodland Compensation Area of an area not less than 18.6 hectares shown in Figure 2a of this Permit. The compensation ratio for Aquilaria sinensis shall not be less than 3:1 (ie. more than three seedlings to one individual tree lost from the Project). Before submission to the Director, the WCP shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report.

Submission of a Habitat Creation and Management Plan

2.10 The Permit Holder shall, no later than three months before commencement of construction of the Project, submit to the Director for approval 3 sets of Habitat Creation and Management Plan (HCMP) for the Wetland Compensation Area of an area not less than 1.4 hectares shown in Figure 2b of this Permit. The submission shall take into account the recommendations of the EIA Report to set out details of the specifications for the habitats and ecological functions and to define the management and ecological monitoring and audit requirements of the Wetland Compensation Area. Before submission to the Director, the HCMP shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report.

Submission of Landscape Plan

2.11 The Permit Holder shall, no later than one month before commencement of construction of the Project, submit 3 sets of Landscape Plan to the Director for approval. The landscape plan shall include considerations for minimizing habitat fragmentation and show the locations, size, number and species of planting, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures of the Project, in particular the landscape and compensatory planting, construction hoarding, noise barriers and buildings. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report.

Submission of Topsoil Management Plan

2.12 The Permit Holder shall, no later than three months before commencement of construction of the Project, submit to the Director for approval 3 sets of Topsoil Management Plan. The submission shall set out guidelines and implementation programme for maximizing the reuse of the excavated topsoil arising from Project. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report.

Submission of Environmental Monitoring and Audit Programme

2.13 The Permit Holder shall, no later than three months before commencement of construction of the Project, submit 3 copies of Environmental Monitoring and Audit (EM&A) Programme to the Director for approval. The programme shall set out detailed requirements on baseline monitoring, impact monitoring and compliance monitoring during construction and operation of the Project. The programme shall include a monitoring and response mechanism for handling exceedances of environmental standards during the construction phase in collaboration with relevant parties of other concurrent projects in the vicinity. Before submission to the Director, the EM&A Programme shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report.

Measures for Mitigating Cultural Heritage Impact

2.14 After resumption of private lands and before the commencement of construction works for the project, the following archaeological surveys shall be conducted and the Permit Holder shall submit 3 copies of report on the findings of the archaeological surveys and further mitigation measure requirements to the Director for approval. Before submission to the Director, the archaeological survey report shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report. The survey shall include the following:

(i) additional test pits and auger holes along the section of the project between Lin Ma Hang and Frontier Closed Area Boundary; and

(ii) a survey-cum-rescue excavation along the section of the project between Ping Yeung and Wo Keng Shan.

2.15 The further mitigation measures described in the report approved under Condition 2.14 of this Permit shall be fully implemented.

2.16 The Permit Holder shall conduct photographic and cartographic records of the directly impacted graves (GR01, GR02, GR05, GR06, GR08, GR10, GR13, GR15, GR16, GR17, GR18, GR19 and GR20), built structure (BS64 and BS65) and cultural/historical landscape feature (LF08) as listed in Table 1 of this Permit, prior to their removal to preserve them by record.

3. Submissions or Measures for the Construction of the Project

Works areas of the Project

3.1 To avoid environmental impacts to nearby area of the Project as indicated in Figure 1 and 1a of this Permit, all activities which is related to or arises as a result of construction of the Project shall be within the works boundary and the works areas as indicated in the layout plan(s) deposited under Condition 2.7 of this Permit. No extension of the works boundary and works areas shall be permitted without the written approval of the Director.

Submission of Waste Management Plan

3.2 The Permit Holder shall, within one month after the commencement of construction of the Project, submit to the Director 3 sets of Waste Management Plan (WMP) for approval. Before submission to the Director, the EM&A Programme shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report. The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment including dewatering of spoil and disposal of different categories of waste to be generated from the construction activities and shall indicate the disposal locations(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included in the WMP.

Measures on Waste Management

3.3 All measures recommended in the WMP approved under Condition 3.2 of this Permit shall be fully implemented. Surplus excavated spoil and other waste shall only be disposed of at designated public filling areas unless otherwise approved by the Director.

3.4 After resumption of private lands, site inspection shall be carried out to ascertain contaminative sources and hotspots of contamination. The Permit Holder shall carry out further site investigation regarding potential land contamination in accordance with the EIA Report and submit to the Director for approval 3 sets of revised Contamination Assessment Plan (CAP) with sampling and testing schedule updated based on latest site investigations. If contamination is identified, the Permit Holder shall submit to the Director 3 sets of Remediation Assessment Plan (RAP) for approval. Before submission to the Director, the CAP shall be certified by the ET Leader and verified by the IEC as confirming to the information and recommendations contained in the approved EIA Report. No work on the identified potentially contaminated sites shall be carried out unless and until the CAP and RAP submitted under this condition are approved by the Director and RAP is fully implemented.

Measures for Mitigating Road Traffic Noise

3.5 To mitigate the traffic noise impact arising from the operation of the Project, the noise mitigation measures shall be implemented in accordance with Fig 4, 5, 6 and 7 attached to this Permit, or otherwise approved by the Director subject to the submission of a Noise Mitigation Plan by the Permit Holder to cater for the final layout and design of the Project. Noise mitigation measures as shown in Fig 4, 5, 6 and 7 or the approved Noise Mitigation Plan shall be fully implemented before commencement of operation of the Project and properly maintained throughout the operational phase of the Project.

Measures for Mitigating Ecological Impact

3.6 All measures recommended in the Vegetation Survey Report, updated Woodland Compensation Plan and the Habitat Creation and Management Plan approved under Condition 2.8, 2.9 and 2.10 of this Permit respectively shall be fully implemented and thereafter maintained.

3.7 To reduce collisions from birds, the design of noise barriers shall avoid/minimize the use of transparent / reflective materials or adopt bird-friendly design on such surfaces.

Measures for Mitigating Landscape, Visual and Glare Impact

3.8 All measures recommended in the Landscape Plan approved under Condition 2.11 of this Permit shall be fully implemented and maintained.

3.9 Outdoor lighting for the Project shall be designed to reduce glare impact on nearby dwellings. For this purpose, light housing with full-cut-off designs which reflect light totally downward and better design of light shielding are examples that can be considered.

Measures for Mitigating Water Quality Impacts from Tunnel Water Inflow and Groundwater Drawdown

3.10 Locations of tunnel construction works using tunnel boring machine (TBM) or drill & blast methods are shown in Figure 1b. For drill & blast tunnelling works, grout injection works shall be conducted before blasting for sealing areas around the tunnel to control potential groundwater inflows. On-site treatment for the groundwater ingress pumped out shall be provided to remove any contamination by grouting materials before discharge off-site.

Measures for Mitigating Operational Odour and Water Quality Impacts Generated from the Sewage Treatment Works

3.11 The sewage treatment plant installed for the Project shall be installed at the location shown in Figure 3 of this Permit and the plant shall be designed with the following odour containment and control measures :

(i) Negative Pressure Ventilation

The treatment plant shall be totally enclosed with negative pressure ventilation to avoid odorous emission from the treatment works. The tanks will be connected to deodorisation facilities designed for a minimum removal of 90% directly to eliminate odour problem.

(ii) Total Containment of Sewage Channels

(a) air-tight cover shall be installed to sewage channels, sewage tanks, and equipment with potential odour emission and the trapped gases shall be collected by air handling equipment for containing and directing odorous gases to deodorisation facilities.

(b) Gravity sewer, equalization and sludge holding tanks shall be designed with suitable sewer distance and retention time to prevent sewage septicity.

(iii) Deodorisation

Deodorisation facilities at the sewage treatment plant shall be designed with a minimum odour removal efficiency of 90%.

3.12 The air intake point of Boundary Control Point Building shall be located at least 150m from the sewage treatment plant.

Measures for Mitigating Impacts from the Lung Kwu Sheung Tan Temporary Works Area

3.13 (i) Before commencement of construction of the Lung Kwu Sheung Tan Temporary Works Area, the Permit Holder shall deposit with the Director four hard copies and two electronic copies of Environmental Mitigation Plan (the Plan).

(ii) If there is any change proposed to the environmental mitigation measures in the deposited Plan, the Permit Holder shall submit to the Director for approval four hard copies and two electronic copies of the updated Environmental Mitigation Plan (the Updated Plan)

(iii) All mitigation measures recommended in the deposited Plan or the approved Updated Plan shall be fully implemented and properly maintained throughout the construction phase of the Project.

4. Measures During Operation of the Project

Long Term Management of the Ecological Mitigation Measures

4.1 The Permit Holder shall ensure the ecological mitigation measures stated in the Woodland Compensation Plan and Habitat Creation and Management Plan are properly implemented, maintained and monitored during the entire period of the life of the Project.

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

5.1 The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements as set out in the EM&A Manual. Any changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval.

5.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:

(i) conducting baseline environmental monitoring;

(ii) conducting impact monitoring;

(iii) carrying out remedial actions described in Event/Action Plans of the EM&A Manual in accordance with the time frames set out in Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

(iv) logging and keeping records of details of (a) to (c) above for all parameters within 3 working days of collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site.

5.3 The Permit Holder shall deposit with the Director six hard copies and one electronic copy of the Baseline Monitoring Report at least one month before commencement of construction of the Project. Additional copies of the submission shall be made available to the Director upon his request.

5.4 The Permit Holder shall deposit with the Director six hard copies and one electronic copy of monthly EM&A Report within 10 working days after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). A summary and progress update of the Project Implementation Schedule (Table 15.1 of the EIA Report) shall also be included in each EM&A Report. Additional copies of the submission shall be provided to the Director upon request by the Director.

5.5 The Permit Holder shall, no later than three months after the commencement of operation of the Project, deposit with the Director an Environmental Monitoring and Audit report on the implementation of the mitigation measures for operation stage of the Project in accordance with the EIA Report and the submissions required under of this Permit.

6. Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the documents to be submitted or deposited as required under this Permit, the Baseline Monitoring Report and EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, the Permit Holder shall prepare electronic copies of these documents and Reports in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF) (version 1.3 or later) or other format agreed by the Director, and shall submit the electronic copies at the same time as the hardcopies. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these documents and Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these documents and Reports shall be provided in the main text from where the respective references are made. All graphics in these documents and Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these documents and Reports must be the same as the hardcopies.

6.2 The Permit Holder shall set up a dedicated Internet website and notify the Director in writing the Internet address where the environmental monitoring and project data are to be placed, within six weeks after the commencement of construction of the Project. All environmental monitoring data described in Condition 6.1 of this Permit above shall be made available to the public via a dedicated Internet website to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

6.3 The Internet website as described in Condition 6.2 of this Permit above shall enable user-friendly public access to the monitoring and project data including the EIA Report, the environmental permit(s) and the project profile of the Project. Unless otherwise agreed with the Director, the Internet website shall have features capable of:

(i) providing access to all environmental monitoring data collected since the commencement of works;

(ii) searching by date;

(iii) searching by types of monitoring data (noise, water and air quality); and hyperlinks to relevant monitoring data after searching.

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 Project site(s) by the amended permit.

4. A person who assumes the responsibility for the whole or a part of the designated project may, before the person assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site(s).

6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the 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: -

1. on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;

2. on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;

3. on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

4. on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

5. in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $ 10,000 for each day on which he is satisfied the offence continued.

8. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.

9. The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

Environmental Permit No. EP-404/2011/D

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Table 1 Location of Grave, Well and Village House for Photographic Record

Site Code	Site Name	Location
GR01	Group of Law Clan Graves (4 Nos.)	Current location of Chuk Yuen Village
GR02	Group of Tang Clan Graves (5 Nos.)	Current location of Chuk Yuen Village
GR05	Fu Grave	Within the drainage diversion works boundary of the Project (Section between Lin Ma Hang and Frontier Closed Area Boundary)
GR06	Yiu Grave	Within the works boundary of the Project (Section between Lin Ma Hang and Frontier Closed Area Boundary)
GR08	Chan Grave	Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan)
GR10	Tsui Grave	Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan)
GR13	Yim Grave	Within the works boundary (blasting impact area for Portal 1 of the South Tunnel) of the Project (Fanling Section)
GR15	Chan Grave	Within the works boundary of the Project (Fanling Section)
GR16	Ho Grave	Within the works boundary of the Project (Fanling Section)
GR17	Cheung Grave	Within the works boundary of the Project (Fanling Section)
GR18	Yip Grave	Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan)
GR19	Law Grave	Current location of Chuk Yuen Village
GR20	Lam Grave	Within the works boundary of the Project (Cheung Shan Tunnel Section (North Tunnel))
BS64	Village Houses, Ha Wo KengShan Village	Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan)
BS65	Village Houses, Ha Wo KengShan Village	Within the works boundary of the Project (Section between Ping Yeung and Wo Keng Shan)
LF08	Well	Former Chuk Yuen village