Environmental Permit No. EP-324/2008/E
環境許可證編號EP-324/2008/E
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
Section 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
A部 (許可證主要部分)
Pursuant to Section
10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants the Environmental Permit (No.
EP-324/2008) to the Highways Department (hereinafter
referred to as the “Permit Holder”) on 23 December 2008. Pursuant to Section 13 of the Ordinance, the
Director amends the Environmental Permit (No. EP-324/2008/D) based on the Application No. VEP-522/2016. The amendments, described
below, are incorporated into the Environmental Permit (No.
EP-324/2008/E). 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2008年12月23日將環境許可證(編號EP-324/2008)批予路政署(下稱“許可證持有人”)。根據條例第13條的規定,署長因應更改環境許可證的申請編號VEP-522/2016修訂環境許可證編號EP-324/2008/D。下文說明的修定,已包含在本環境許可證內(EP-324/2008/E)。本經修定的環境許可證,適用於建造及營辦B部所說明的指定工程項目,但須遵守C部所列明的條件。
Application No. 申請書編號 |
VEP-522/2016 |
Document in the Register: 登記冊上的文件: |
(1) Agreement No. CE 73/98 Investigation
Assignment for Widening of Tolo Highway/ Fanling
Highway between Island House Interchange and Fanling: – Environmental Impact Assessment
Report (March 2000) [Hereinafter referred to as the “EIA Report”] – Environmental Monitoring and Audit
Manual (March 2000) [Hereinafter referred to as the “EM&A Manual”] – Environmental Impact Assessment
Executive Summary (March 2000) [Hereinafter referred to as the “EIA Executive
Summary”] (Register No. AEIAR-037/2000) (1)
協議書編號CE 73/98 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程之研究勘測: – 環境影響評估報告 (2000年3月) [下稱 「環評報告」] – 環境監察及審核手冊 (2000年3月) [下稱「環評摘要」] – 環境影響評估行政摘要 (2000年3月) [下稱「環監手冊」] (登記冊編號 : AEIAR-037/2000) (2) The Director’s letter of approval of the EIA
Report dated 14 July 2000, ref.: (70) in EP2/N5/A/23 III. (2)
署長於2000年7月14日發出批准環評報告的信件,檔案編號:(70) in EP2/N5/A/23 III。 (3) Application for Environmental Permit submitted on
25 November 2008 (Application No. AEP-324/2008) (3) 於2008年 11月25日提交的環境許可證申請 (申請書編號:AEP-324/2008) (4) Environmental Permit issued on 23
December 2008 (Permit No.: EP-324/2008) (4) 於2008年12月23日發出的環境許可證(許可證編號: EP-324/2008) (5) Application for Variation of an Environmental
Permit submitted on 4 January 2012 (Application No. VEP-351/2012) (5) 於2012年1月4日提交的更改環境許可證申請 (申請書編號: VEP-351/2012) (6) Environmental Permit issued on 31
January 2012 (Permit No. EP-324/2008/A) (6) 於2012年1月31日發出的環境許可證 (許可證編號:
EP-324/2008/A) (7) Application for Variation of an Environmental
Permit submitted on 24 February 2014 (Application
No. VEP-429/2014) (7) 於2014年2月24日提交的更改環境許可證申請 (申請書編號: VEP-429/2014) (8) Environmental Permit issued on 17 March 2014 (Permit No. EP-324/2008/B) (8) 於2014年3月17日發出的環境許可證 (許可證編號:
EP-324/2008/B) (9) Application for Variation of an Environmental
Permit submitted on 9 March 2015 (Application No. VEP-470/2015) (9) 於2015年3月9日提交的更改環境許可證申請 (申請書編號: VEP-470/2015) (10) Environmental Permit issued on 27 March 2015 (Permit No. EP-324/2008/C) (10) 於2015年3月27日發出的環境許可證 (許可證編號:
EP-324/2008/C) (11) Application for Variation of an
Environmental Permit submitted on 19 August 2015 (Application No. VEP-480/2015) (11) 於2015年8月19日提交的更改環境許可證申請 (申請書編號: VEP-480/2015) (12) Application for Variation of Environmental Permit including all
attachments submitted by the Permit Holder on 29 December 2016 (Application No. VEP-522/2016). (12) 許可證持有人於2016年12月29日提交的更改環境許可證申包括所有附件(申請書編號VEP-522/2016)。 |
Application No. 申請編號 |
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 Amendments 修訂日期 |
VEP-351/2012 |
4 January 2012 2012年1月4日 |
(1) Add item (v) to “Scale and Scope of Designated Project” in Part B of Environmental Permit No. EP-324/2008 (1)
於環境許可證編號EP-324/2008 B部的“指定工程項目的規模和範圍”加入項目(v) (2)
Vary Condition 1.7, 2.4,
2.6, 2.9 in Part C of
Environmental Permit No. EP-324/2008 (2) 更改環境許可證編號EP-324/2008 C部條件第1.7, 2.4, 2.6, 2.9 (3)
Vary Figure 4d in Part C of Environmental Permit No.
EP-324/2008 |
31 January 2012 2012年1月31日 |
VEP-429/2014 |
24 February 2014 2014年2月24日 |
(1) Vary Condition 2.8 in Part C of
Environmental Permit No. EP-324/2008/A (1)
更改環境許可證編號EP-324/2008/A C部條件第2.8 (2) Vary Figure 4d in Part C of Environmental Permit No.
EP-324/2008/A (2) 更改環境許可證編EP-324/2008/A C部的附圖4d (3) Add Figure 4d(i) in Part C of Environmental Permit No. EP-324/2008/A |
17 March 2014 2014年3月17日 |
VEP-470/2015 |
3 March 2015 2015年3月9日 |
(1) Vary Condition 2.5(iv) in Part C of
Environmental Permit No. EP-324/2008/B (1)
更改環境許可證編EP-324/2008/B C部條件第2.5(iv) (2) Vary Figure 2d in Part C of
Environmental Permit No. EP-324/2008/B (2)
更改環境許可證編EP-324/2008/B |
27 March 2015 2015年3月27日 |
VEP-480/2015 |
19 August 2015 2015年8月19日 |
(1) Vary Figure 4e in Part C of Environmental Permit No. EP-324/2008/C. (1) 更改環境許可證編EP-324/2008/C (2) Add Figure 4e(i) in Part C of Environmental Permit No. EP-324/2008/C (2)
於環境許可證編號EP-324/2008/C |
27 August 2015 2015年8月27日 |
VEP-522/2016 |
29 December 2016 |
(1)
Vary
Conditions 1.7, 2.8 and 2.9 in Part
C of Environmental Permit No. EP-324/2008/D (1)
更改環境許可證編號 EP-324/2008/D C部的條件第1.7, 2.8及 2.9 項 (2)
Vary
Figures 4d and 4e in Part C of Environmental Permit
No. EP-324/2008/D. (2) 更改環境許可證編號 EP-324/2008/D C部 的 附 圖 4d及4e (3)
Add Figure 4f to Part C of Environmental Permit
No. EP-324/2008/D. (3) 於環境許可證編號EP-324/2008/D |
26 January 2017 2017年1月26日 |
26 January 2017
2017年1月26 日
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 (DESCRIPTION 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 |
Widening of Tolo Highway/Fanling Highway between Island House
Interchange and Fanling [Hereinafter referred to as
"the Project"] 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程 [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 |
A major improvement to
existing expressways 對現有快速公路作重大改善工程 |
Location of Designated Project 指定工程項目的地點 |
Tolo Highway / Fanling
Highway between Island House Interchange and Fanling 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路 The location of the Project is shown in Figure 1 of this Permit. 指定工程項目的位置載於本許可證圖1。 |
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) Widening of a 5.7km section of
Tolo Highway and 3.0km section of Fanling Highway between Island House
Interchange and Wo Hop Shek Interchange from the existing dual 3-lane to dual
4-lane, including construction of new vehicular bridges; (ii) Widening of interchange sections at Island
House Interchange, Tai Po North Interchange, and Lam Kam Road Interchange
from dual 2-lane to dual 3-lane, including realignment of various slip roads; (iii) Improvement to the existing substandard
merging arrangement at the southbound carriageway of Wo Hop Shek Interchange; (iv) Modification and reconstruction of
highways, vehicular bridges, underpasses and footbridges; and (v) Construction
of Kau Lung Hang Vehicular Bridge. (i)
擴闊舊政務司官邸附近道路交匯處與和合石交匯處之間一段長5.7公里的吐露港公路及一段長3公里的粉嶺公路,由雙程三線分隔行車道改為雙程四線分隔行車道; (ii) 擴闊舊政務司官邸附近道路交匯處、大埔北交匯處和林錦公路交匯處的路段,由雙程雙線分隔行車道改為雙程三線分隔行車道;大埔北交匯處南行車道則由雙線行車改為四線行車。上述工程包括為各連接路重新定線; (iii) 改善現有於和合石交匯處的南行行車道不合規格的匯合安排; (iv) 更改和重建公路,行車橋,行車隧道及行人天橋;及 (v) 興建九龍坑行車橋 |
1 General
Conditions
1.1 The
permit holder and any person working on the Project shall comply with all
conditions of 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) and Waste Disposal Ordinance (Cap.354). This Permit
does not of itself constitute any ground of defense against any
proceedings instituted under any legislation or imply any approval under any
legislation.
1.3 The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times
for inspection by the Director or his authorized officers at all
sites/offices covered by this Permit. Any reference to the Permit shall
include all documents referred to in the Permit and also the relevant documents
in the Register.
1.4 The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated 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 entrances/exits or at a convenient location for public
information at all times. The Permit Holder shall ensure that the most
updated information about the Permit, including any amended permit, is
displayed at such locations. If the Permit Holder surrenders a part or
the whole of the Permit, the notice he sends to the Director shall also be displayed
at the same locations as the original Permit. The suspended, varied or
cancelled Permit shall be removed from display at the Project site(s).
1.6 The
Permit Holder shall construct and operate the Project in accordance with the
project descriptions in Part B of this
Permit.
1.7 The Permit Holder shall ensure that the
Project is designed, constructed and operated in accordance with the information
and all recommendations described in the approved EIA Report (Register No. AEIAR-037/2000)
as described in Part A of this Permit; the Director’s letter of approval of the
EIA Report dated 14 July 2000, referenced (70) in EP2/N5/A/23 III; the Application
for Environmental Permit (Application No. AEP-324/2008)) and all attached
documents submitted by the Permit Holder and other relevant documents in the
Register, the information and mitigation measures described in this Permit,
mitigation measures to be recommended in submissions that shall be deposited
with or approved by the Director as a result of permit conditions contained in
this Permit, and mitigation measures to be recommended under ongoing
surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the
documents of the Register are not expressly referred to in this Permit, such
recommendations are nevertheless to be implemented unless expressly excluded in
this Permit.
1.8 All
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 Cr of
this Permit. Any variation of the submissions shall be approved by the
Director in writing or as prescribed in the relevant permit conditions.
Any non-compliance with the submissions may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap. 499). All submissions or
any variation of the submissions shall be certified by the Environmental Team
(ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 below, before submitting to the Director
under this Permit.
1.10 The
Permit Holder shall release all finalized 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 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 Environmental Impact Assessment
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 4.0
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.
2 Specific
Conditions
Submissions or Measures to be implemented before
Construction of the Project
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
2.1 An Environmental Team (ET) shall be
established by the Permit Holder no later than one month before the
commencement of construction of the Project. The ET shall not be in any
way an associated body of the Contractor or the Independent Environmental
Checker (IEC) for the Project. The ET shall be headed by an ET
Leader. The ET Leader shall be a person who has at least 7 years of
experience in environmental monitoring and auditing (EM&A) or environmental
management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the EM&A
requirements as contained in the EM&A Manual of the Project. The ET
Leader shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report and this Permit. The ET Leader
shall notify the IEC within one working day of the occurrence of any such instance
or circumstance or change of circumstances. The ET Leader’s log-book shall be
kept readily available for inspection by all persons assisting in supervision
of the implementation of the recommendations of the EIA Report and this Permit
or by the Director or his authorized officers. Failure to maintain
records in the log-book, failure to discharge the duties of the ET Leader as
defined in the EM&A Manual or failure to comply with this Condition would
entitle the Director to require the Permit Holder by notice in writing to
replace the ET Leader. Failure by the Permit Holder to make replacement,
or further failure to keep contemporaneous records in the log-book despite the
employment of a new ET Leader may render the Permit liable to suspension, cancellation
or variation.
2.2 An IEC shall be employed by the Permit Holder
no later than one month before commencement of construction of the Project.
The IEC shall not be in any way an associated body of the Contractor or
the ET for the Project. The IEC shall be a person who has at least 7
years of experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Manual and shall audit
the overall EM&A performance, including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
and any other submissions required under this Permit. In addition, the
IEC shall be responsible for verifying the environmental acceptability of
permanent and temporary works, relevant design plans and submissions under this
Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1
of this Permit. The IEC shall notify the Director by fax, within one
working day of receipt of notification from the ET Leader of each and every
occurrence, change of circumstances or non-compliance with the EIA Report and
this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project. In the case where the IEC fails
to so notify the Director of the same, fails to discharge the duties of the IEC
as defined in the EM&A Manual or fails to comply with this Condition, the
Director may require the Permit Holder by notice in writing to replace the IEC.
Failure to replace the IEC as directed or further failure to so notify
the Director despite employment of a new IEC may render the Permit liable to
suspension, cancellation or variation. Notification by the Permit Holder
is the same as notification by the IEC for the purpose of this Condition.
Management Organization of Main Construction Companies
2.3 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 Updated EM&A Manual
2.4 The Permit Holder shall, no later than two
months before the commencement of construction of the Project, submit to the
Director for approval four hard copies and one electronic copy of an updated
EM&A Manual for the Project. Before submission to the Director, the
EM&A Manual shall be certified by the ET and verified by the IEC as
conforming to the information and recommendations contained in the EIA Report
(Register No: AEIAR-037/2000), the application documents including all
attachments (Application No. AEP-324/2008, VEP-351/2012, VEP-429/2014, VEP-470/2015 and VEP-480/2015) and
other relevant documents in the Register. The EM&A Manual shall
include the latest information on the EM&A requirements for air quality,
noise, water quality, waste management, cultural heritage and ecological
aspects. All measures recommended in the approved EM&A Manual shall
be fully and properly implemented according to the requirements and time
schedule(s) set out in the approved EM&A Manual.
Measures to Mitigate Construction Noise Impact
2.5 To mitigate construction noise impact arising
from the Project, the following temporary noise barriers shall be erected
before commencement of construction:-
(i) 3.5
m and 5.5 m high temporary noise barrier at culvert construction
work area as shown in Figure
2(a);
(ii) 3
m high temporary noise barrier along the northern edge of Bridge 12 at
ground level and 2 m high temporary noise barrier along the northern
edge of Bridge 12 at bridge level as shown in Figure 2(b);
(iii) 2.5
m high temporary noise barrier along Tai Wo Service Road West and 3.5
m and 7 m high temporary noise barrier along Tai Wo Service Road
West near Tai Hang as shown in Figure
2(c);
(iv) 7
m high temporary noise barrier along Tai Wo Service Road West near Tai Wo
Footbridge work area as shown in Figure
2(d); and
(v) 2.5
m high temporary noise barrier near river diversion work area as shown in Figure 2(e).
Submission of Landscape Plan
2.6 The Permit Holder shall, at least two months
before the commencement of construction of the Project, submit to the Director
for approval four hard copies and one electronic copy of a landscape plan(s)
showing details of the landscape measures and compensatory ecological planting,
including boundaries of proposed works areas, trees within the works areas that
require and do not require removal, compensatory ecological planting of about
5.5 hectares including native species. The plan shall also include tree
transplantation and compensation arising from the construction
of Kau Lung Hang Vehicular Bridge. The plan(s), of
scale 1 to 1000 or other appropriate scale as agreed by the Director, shall
include details on locations, size, number and species of planting,
implementation programme, maintenance and management schedules. The
submission shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations set out in the
approved EIA Report (Register No: AEIAR-037/2000), the application documents
including all attachments (Application No. AEP-324/2008, VEP-351/2012,
VEP-429/2014, VEP-470/2015 and VEP-480/2015)
and other relevant documents in the Register.
Measures to Mitigate Ecological Impacts
2.7 Capture-surveys on the native frog species
of Rana guentheri, tadpoles and fish shall be conducted within the
Ma Wat River Northern Meander, location of which is shown in Figure 3, before commencement of
construction works of the Project. Any of these species caught during the
surveys shall be relocated to nearby undisturbed meander or river channel.
Measures
and Submissions to be Implemented during Construction and Operation of the
Project
Measures to Mitigate Traffic
Noise Impact
2.8 To mitigate the
traffic noise impact arising from the operation of the Project, the noise mitigation
measures shall be implemented in accordance with Fig 4a, 4b, 4c, 4d, 4d(i), 4e, 4e(i) and 4f 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 4a, 4b, 4c, 4d, 4d(i), 4e, 4e(i) and 4f 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.
2.9 The
Permit Holder shall deposit five (5) copies of as-built drawing(s) in 1:1000
scale for the noise mitigation measures required under Condition 2.8 and the
requirements in the EIA Report (Register No: AEIAR-037/2000), and other
relevant documents in the Register, to the Director before commencement of
operation of the Project. The drawing(s) shall be certified by the ET
Leader and verified by the IEC to confirm with the requirements under Condition
2.8 and the requirements in the EIA Report (Register No: AEIAR-037/2000), and
other relevant documents in the Register.
Measures to Mitigate Ecological Impacts
2.10 To compensate for loss of woodlands, the
Permit Holder shall implement ecological compensatory planting in accordance
with the approved Landscape Plan submitted under Condition 2.6 above before
operation of the Project.
2.11 Work areas as shown in the approved Landscape
Plan submitted under Condition 2.6 shall be fenced off using physical barriers
during the construction stage of the Project to prevent encroachment of
adjacent habitats.
2.12 Trees located within the works areas but do
not require removal as shown in the approved Landscape Plan submitted under
Condition 2.6 shall be fenced off during the construction stage of the Project
and retained thereafter.
Measures to Mitigate Visual and Landscape Impacts
2.13 All
measures recommended in the approved landscape plan(s) shall be fully and
properly implemented in accordance with the details and programme set out in
the submission.
Measures to Mitigate Water Quality Impacts within Water
Gathering Ground
2.14 For the part of the Project located within
Water Gathering Grounds, to mitigate construction water quality arising from
the Project, the following measures shall be implemented during construction:-
(i) No
stockpiling or storage of earth, building materials, fuel, oil or toxic
materials and other materials which may cause contamination to the Water
Gathering Grounds; and
(ii) Construction
plant which causes pollution to the Water Gathering Grounds due to leakage of
oil or fuel shall be removed from the Water Gathering Grounds immediately.
3 Environmental
Monitoring and Audit Requirements
3.1 The EM&A programme shall be implemented
in accordance with the procedures and requirements as set out in the EM&A
Manual of the Project. Any changes to the EM&A programme shall be
justified by the ET Leader and verified by the IEC as conforming to the
requirements set out in the EM&A Manual and shall seek the prior approval
from the Director before implementation.
3.2 Four hard copies and one electronic copy of
Baseline Monitoring Report shall be submitted to the Director at least two
weeks before the commencement of construction. The submissions shall be
certified by the ET Leader and verified by the IEC. Additional copies of
the Baseline Monitoring Report shall be provided upon request by the Director.
3.3 Four hard copies and one electronic copy of
Monthly EM&A Reports for the construction stage shall be submitted to the
Director, within 2 weeks after the end of the reporting month. The
submission shall be certified by the ET Leader and verified by the IEC before
submission to the Director. Additional copies of the Monthly EM&A
Reports shall be provided upon request by the Director.
3.4 The actions described in the Event/Action
Plans of the EM&A Manual shall be fully and properly carried out, in
accordance with the time frame(s) as set out in the Event/Action Plan, or as
agreed by the Director.
3.5 All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
3.6 To ensure a high degree of transparency
regarding the monitoring data and results, all environmental monitoring and
audit data and results and all submissions and all performance test data and
results required by this Permit shall be made available by the Permit Holder to
the public through a dedicated web site to be set up by the Permit Holder under
Condition 4.2 below, in the shortest practicable time and in no event later
than 2 weeks after such information is available.
3.7 Records of measurements and remedial actions taken under
Condition 3.4 of this Permit shall be logged and kept within 3 working days of
the collection of data or completion of remedial action, shall be included in
the EM&A Reports and shall be available for inspection on site or as
requested by the Director.
4 Electronic
Reporting of EM&A Information
4.1 To facilitate public inspection of the
EM&A Manual, 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 the Hyper Text Markup Language (HTML)
(version 4.0 or later) and in Portable Document Format (PDF version 4.0 or
later), unless otherwise agreed by the Director and shall be submitted at the
same time as the hard copies as described in Condition 3 of this Permit.
For the HTML version, a content page capable of providing hyperlink of
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 interlaced
GIF, JPEG or PDF 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, within six weeks to
the commencement of construction of the Project, set up a dedicated web site
and notify the Director in writing the Internet address, where the project
information, all environmental monitoring and audit data and reports described
in Condition 4.1 above, and all finalized submissions and plans required under
this Permit, are to be placed. All environmental monitoring and audit
data and reports described in Condition 4.1 above shall be made available to
the public via this dedicated web site to be set up by the Permit Holder in the
shortest possible time and in no event later than 2 weeks after the relevant
environmental monitoring data and reports is / are collected or become
available, unless otherwise agreed with the Director. All finalized
submissions and plans shall be made available to the public via this dedicated
web site to be set up by the Permit Holder in the shortest possible time and in
no event later than 2 weeks after they are deposited with or approved by the
Director as required under this Permit, unless otherwise agreed with the
Director.
4.3 The Internet website as described in
Condition 4.2 above shall enable user-friendly public access to the monitoring
and project information including the project profile of the Project, the EIA
report, the environmental permit(s), all environmental monitoring and audit data
and report and all finalized submissions and plans required under this Permit.
Unless otherwise agreed with the Director, the internet website shall
have features capable of: -
(a) providing access
to all environmental monitoring data collected since the commencement of work;
(b) searching by date;
(c) searching by types
of monitoring data; and
(d) hyperlinks to
relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes :
1. This Permit consists of three parts,
namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C(Permit Conditions). Any person relying on
this permit should obtain independent legal advice on the legal implications
under the Ordinance, and the following notes are for general information only.
2. If there is a breach of any conditions of this Permit,
the Director or his authorized officer may, with the consent of the Secretary
for the Environment, order the cessation of associated work until the remedial
action is taken in respect of the resultant environmental damage, and in that
case the Permit Holder shall not carry out any associated works without the
permission of the Director or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall
replace the original permit displayed on the construction site by the amended
permit.
4. A person who assumes the responsibility for
the whole or a part of the designated project may, before he assumes
responsibility of the designated project, apply under Section 12 of the
Ordinance to the Director for a further environmental permit.
5. Under Section 14 of the Ordinance, the Director
may with the consent of the Secretary for the Environment, suspend, vary or
cancel this Permit. The suspended, varied or cancelled Permit shall be
removed from display at the construction site.
6. If this Permit is cancelled or surrendered
during construction or operation of the Project, another environmental permit
must be obtained under the Ordinance before the Project could be
continued. It is an offence under section 26(1) of the Ordinance to
construct or operate a designated project listed in Part I of schedule 2 of the
Ordinance without a valid environmental permit.
7. Any person who constructs or operates the
Project contrary to the conditions in the Permit, and is convicted of an
offence under the Ordinance, is liable:-
(i) on a first conviction on
indictment to a fine of $ 2 million and to imprisonment for 6 months;
(ii) on a second or subsequent
conviction on indictment to a fine of $ 5 million and to imprisonment for 2
years;
(iii) on a first summary
conviction to a fine at level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine
of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is of a continuing
nature, the court or magistrate may impose a fine of $ 10,000 for each day on
which he is satisfied the offence continued.
8. The Permit Holder may appeal against any condition of
this Permit under Section 17 of the Ordinance within 30 days of receipt of this
Permit.
9. The Notes are for general reference only and
that the Permit Holder should refer to the EIA Ordinance for details and
seek independent legal advice.
Environmental Permit No. EP-324/2008/E
環境許可證編號EP-324/2008/E
| Figure 1 | Figure 2a | Figure 2b | Figure 2c | Figure 2d | Figure 2e | Figure 3 | Figure 4a | Figure 4b | Figure 4c | Figure 4d | Figure 4d(i) | Figure 4e | Figure 4e(i) | Figure 4f |
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