Environmental Permit
No. EP-140/2002
環境許可證編號EP-140/2002
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT A PART OF THE
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 Sections 10 of
the Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants this Environmental Permit to Civil
Engineering Department (hereinafter referred to as the “Permit Holder”) to
construct 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第10條的規定，環境保護署署長(署長)將本環境許可證批予 土木工程署 (下稱“許可證持有人”) 以建造B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application
No. 申請書編號： |
AEP-140/2002 |
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Document
in the Register: 登記冊上的文件： |
(1)
Planning and Engineering Feasibility Study for Development at Anderson Road (Register
No. AEIAR-005/1999) 安達臣道發展計劃的規劃及工程可行性研究 (登記冊編號：AEIAR-005/1999) -
Environmental Impact Assessment Report (September 1998) [hereinafter referred
to as the "EIA Report"] - 環境影響評估報告 (1998年9月) [下稱 「環評報告」] -
Environmental Monitoring and Audit Manual - 環境監察審核手冊 (1998年9月) -
Executive Summary - 摘要 (1998年9月) (2) The
Director’s letter approval of the EIA Report dated 2.3.1999 in (28) in EP2/K14/P/09
Ax(1) Part 4 署長已於1999年3月2日發出該環評報告的批准信，檔案編號(28) in EP2/K14/P/09 Ax(1) Part 4 |
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(3)
Application documents including all attachments submitted by the Permit
Holder on 21.5.2002 (Application No. AEP-140/2002) 申請文件包括許可證持有人於2002年5月21日提交的所有附件 (申請書編號 AEP-140/2002)
[下稱 「申請書」] |
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18 June 2002 |
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Date 日期 |
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(Shirley S.L. Lee) Acting Assistant Director of
Environmental Protection (Environmental Assessment and
Noise) for Director of Environmental
Protection 環境保護署署長 (署理助 理 署 長 (環 境 評 估 及 噪 音) 李韓琇玲代 行) |
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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:
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Title
of Designated Project 指定工程項目的名稱 |
Po Lam Road – road
widening [This designated project is hereinafter referred to as “the Project”] 寶琳路–道路擴闊工程 [本指定工程項目下稱「工程項目」] |
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Nature
of Designated Project |
Improvement works to
existing roads 改善現有道路工程 |
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Location
of Designated Project 指定工程項目的地點 |
Po Lam Road, Kwun Tong. The location of the project is shown
in Figure 1 attached to this Permit. 觀塘寶琳路。圖 1 顯示工程項目的位置。 |
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Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
Widening of a section
of Po Lam Road 擴闊寶琳路的 一 段 |
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), the Waste Disposal Ordinance
(Cap.354). This Permit does not of itself (a) constitute any ground of defense
against any proceedings instituted under any legislation or (b) 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/or operation of the Project(s) and shall mean the same hereinafter.
1.5
The Permit
Holder shall display conspicuously a copy of this Permit on the construction
site(s) at all vehicular site entrances/exits or at a convenient location for
public information at all times. The Permit Holder shall ensure that the most
updated information about the Permit, including any amended permit, is
displayed at such locations. If the Permit Holder surrenders a part or the
whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied
or cancelled Permit shall be removed from display at the construction site(s).
1.6
The Permit
Holder shall construct the Project as described in Part B of this Permit.
1.7
The Permit
Holder shall ensure that the Project is designed and constructed in accordance
with the information and recommendations described in the EIA report (Register
No. AEIAR-005/1999); other relevant documents in the Register; and the
information or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on-going surveillance
and monitoring activities during all stages of the Project. Where
recommendations referred to in the documents 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
submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the comments, if any, made by the Director within one month
of the receipt of the Director's comments or otherwise as specified by the
Director.
1.9
All
submissions approved by the Director, all submissions deposited without
comments by the Director, or all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any variation of the
submissions shall be approved by the Director in writing or as prescribed in
the relevant permit conditions. 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 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
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.
1.12
All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy
Road, Wanchai, Hong Kong). Electronic copies of all 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.
1.13
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. Special
Conditions
2.1
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of the Project. The ET shall be headed by an
ET Leader. The ET Leader shall be
a person who has at least 7 years’ 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. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the environmental impact assessment and each
and every non-compliance with the recommendations of the EIA Report (Register
No. AEIAR-005/1999) or this Permit.
This log-book shall be kept readily available for inspection by all
persons assisting in supervision of the implementation of the EIA Report
recommendations 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. The ET shall not be in any way an
associated body of the Independent Environmental Checker (IEC) for the Project.
2.2
An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of the Project. The IEC shall
be a person who has at least 7 years’ experience in environmental monitoring
and audit (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 programme, 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 24 hours of each and every occurrence, change of circumstances or
non-compliance with the EIA Report (Register No. AEIAR-005/1999) or this
Permit, which might affect the monitoring or control of adverse environmental
impact. Where the IEC fails to so
notify the Director of the same, fails to discharge the duties of the IEC as
defined 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. The IEC shall not be in any way an
associated body of the Contractor or the Environmental Team for the Project.
2.3
All
submissions for approval and deposition under Sections 2 and 3 of this Permit
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendation contained in the EIA Report before
submission to the Director.
2.4
The Permit
Holder shall, within 4 weeks after the commencement of construction of the
Project, inform the Director in writing the management organization of the main
construction companies and/or any form of joint ventures associated with the
construction of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Measures
to Mitigate Noise Impacts
2.5
Two weeks before
commencement of construction of the Project, the Permit Holder shall deposit
with the Director 3 copies of a construction phase noise mitigation plan which
shall consist of a layout plan (at least 1:1000 scale) and explanatory
statement showing the exact locations and details of the construction plant to
be used and the noise mitigation measures to be adopted during different stages
of construction of the Project. The construction phase noise mitigation plan
shall conform to the requirements set out in section 12.3 of the EIA Report
(attached as Appendix A). During construction of the Project, the noise
mitigation measures as stipulated in the construction phase noise mitigation
plan shall be implemented.
2.6
The Permit
Holder shall construct a 7 m high cantilevered noise barrier wall (6 m vertical
barrier with 1.4 m cantilever length at 45 degree to the horizontal) as a traffic
noise mitigation measure along the footpath of the widened Po Lam Road to
replace the existing noise barrier which will be removed by the road widening
works. The locations of both the existing and reprovisioned noise barriers are
indicated in Figure 1 attached to this Permit. The reprovisioned cantilevered noise
barrier shall be a continuous structure with no gaps or openings. Upon
completion of construction of the reprovisioned cantilevered noise barrier, the
Permit Holder shall deposit with the Director 3 copies of as-built drawings,
certified by the ET Leader and verified by the IEC, demonstrating the
satisfactory completion of the noise barrier.
3. Environmental
Monitoring and Audit (EM&A)
3.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements in the EM&A Manual of the EIA report. 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 be submitted to the
Director for approval.
3.2 The
Permit Holder shall submit two hard copies and one electronic copy of the
Baseline Monitoring Report to the Director at least 2 weeks before the
commencement of construction of the project. The submissions shall be certified by the ET Leader and verified
by the IEC. Additional copies of
the submission shall be provided upon request from the Director.
3.3 The
Permit Holder shall submit two hard copies and one electronic copy of monthly
EM&A Report to the Director within 2 weeks after the end of the reporting
month. The submissions shall be
certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon
request from the Director.
3.4 Samples
and measurement shall be taken in accordance with the requirements of the
EM&A Manual by:
(a)
conducting baseline monitoring as set out in the EM&A Manual; and
(b)
conducting impact monitoring as set out in the EM&A Manual.
3.5 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 as set out in
the Event/Action Plans, or as agreed by the Director.
3.6 Records
of measurements and remedial actions taken under Conditions 3.4 and 3.5 of this
Permit shall be logged and kept, within 3 working days of the collection of
data or completion of remedial action, for the purpose of preparing and
submitting the EM&A Reports and making the information available for
inspection on site or as required by the Director.
3.7 All environmental monitoring and audit
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, 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 as described in Conditions 3.2
and 3.3 above. For the HTML
version, a content page capable of providing hyperlink to each section and
sub-section of these Reports shall be included in the beginning of the
document. Hyperlinks to all
figures, drawings and tables in these Reports shall be provided in the main
text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF
format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must
be the same as the hard copies.
4.2 The Permit Holder shall, set up
a dedicated web site and notify the Director in writing the internet address
where the environmental monitoring and project data is to be placed, within six
weeks after the commencement of construction of the Project. All environmental
monitoring data described in Condition 4.1 above shall be made available to the
public via a 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 are collected or become available, 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 data with features capable of:
(a) providing access to all environmental
monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by types of monitoring data (air
quality and construction waste); and
(d) hyperlinking to relevant monitoring data after
searching;
or
otherwise as agreed by the Director.
Notes:
1. This Environmental 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 condition of this Permit, the Director or its authorized officer may,
with the consent of the Secretary, 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 and Food, 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.
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