Environmental Permit No. EP-150/2002
環境許可證編號:EP-150/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT 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 EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the Technical Services Division, Civil Engineering Department
(hereinafter referred to as the “Permit Holder”) to construct and operate the
designated project described in Part B subject to the conditions specified in
Part C. The issue of this environmental permit is based on the documents,
approvals or permissions described below:
根據《環境影響評估條例》（環評條例）第10條的規定，環境保護署署長（署長）將本環境許可證批予土木工程署工程技術部（下稱“許可證持有人”）以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證的發出，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 |
AEP-150/2002 |
|
Document in the Register : 登記冊上的文件： |
(1)
Agreement No. CE55/2000 Environmental Impact Assessment Study for
Construction of Lung Kwu Chau Jetty (Register
No.: AEIAR-066/2002) -
Final Environmental Impact Assessment Report (September
2002) [Hereinafter referred to as the “EIA Report”] -
Executive Summary (September 2002) -
Environmental Monitoring and Audit Manual (September
2002) [Hereinafter referred to as the “EM&A Manual”] (1) 合約編號CE55/2000 龍鼓洲突堤興建工程環境影響評估研究 (登記冊編號: AEIAR-066/2002) -
最終環境影響評估報告 (2002年9月) [下稱「環評報告」] -
行政摘要 (2002年9月) -
環境監察及審核計劃 (2002年9月) [下稱「環監計劃」] (2)
The Director’s letter of approval of the EIA report dated 1 November 2002
(Reference: (16) in Ax(1) to EP2/N4/Q1/74 III) (2) 署長於2002年11月1日發出批准環評報告的信件 (檔案編號: (16)
in Ax(1) to EP2/N4/Q1/74 III) (3)
Application documents including all attachments submitted by the Permit
Holder on 4 December 2002 (Application No. AEP-150/2002) (3) 申請文件包括許可證持有人於2002年12月4日提交的所有附件(申請書編號:AEP-150/2002) |
|
|
|
|
|
|
Date 日期 |
|
(K S Chan) Acting Assistant Director (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)陳錦新代行) |
|
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 |
Construction
of Lung Kwu Chau Jetty [The above designated project is hereinafter
referred to as “the Project”] 興建龍鼓洲突堤 [這工程項目下稱"工程項目"] |
|
Nature of Designated Project |
Earthworks and dredging works wholly in an existing
marine park and a site of special scientific interest. 土木工事及挖泥工程，而此等項目全部位於現有的海岸公園和具有特別科學價值的地點。 |
|
Location of
Designated Project 指定工程項目的地點 |
Eastern
coast of Lung Kwu Chau. The
location of the Project is shown in Figure 1 attached to this Permit. 龍鼓洲東岸。工程項目的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
(a) Dredging for
foundation of the jetty and catwalk; (a) 開挖突堤及步橋地基所需進行的挖泥工程； (b) Laying of rock bedding; (b) 鋪築地基岩石； (c) Construction of concrete catwalk; (c) 建造混凝土步橋； (d) Extension of an existing footpath; (d) 延長現有的行人徑； (e) Dredging for approach channel; (e) 開挖突堤的進港航道； (f) Demolition of the existing jetty; (f) 拆卸現有突堤； (g) Berthing and mooring of vessels for servicing and maintaining the
DVOR/DME station and for emergency repair work; and (g) 船隻的靠岸和碇泊，以便為多普勒甚高頻全向無綫電信標及測距設備站提供補給、維修服務和進行緊急修理工程；及 (h) Maintenance dredging of the approach channel. (h) 進行航道疏濬工程。 |
PART C (PERMIT CONDITIONS)
1. General Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit.
Any non-compliance by any person may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap. 499) and may become the subject
of appropriate action being taken under the Ordinance.
1.2
The Permit Holder shall ensure full
compliance with all legislation from time to time in force including without
limitation to the Noise Control Ordinance (Cap. 400), Air Pollution Control
Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at
Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself
constitute any ground of defence against any proceedings instituted under any
legislation or imply any approval under any legislation.
1.3
The Permit Holder shall make copies
of this Permit together with all documents referred to in this Permit or the
documents referred to in Part A of the Permit readily available at all times
for inspection by the Director or his authorised officers at all sites/offices
covered by this Permit. Any
reference to the Permit shall include all documents referred to in the Permit
and also the relevant documents in the Register.
1.4
The Permit Holder shall give a copy
of this Permit to the person(s) in charge of the site(s) and ensure that such
person(s) fully understands all conditions and all requirements incorporated by
the Permit. The site(s) refers to site(s) of construction and operation of the
Project and shall mean the same hereafter.
1.5
The Permit Holder shall display conspicuously
a copy of this Permit on the construction site(s) at all vehicular site
entrances/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 construction site(s).
1.6
The Permit Holder shall construct
and operate the Project in accordance with the project descriptions in Part B
of this Permit.
1.7
The Permit Holder shall ensure that
the Project is designed, constructed and operated in accordance with the
information and all recommendations described in the EIA Report (Register No.:
AEIAR-066/2002), other relevant documents in the Register; and the information
or mitigation measures described in this Permit, and 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 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 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. All submissions or any variation of
the submissions shall be certified by the Environmental Team (ET) Leader and
verified by the independent engineer 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
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
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 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 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hardcopies.
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.
Measures and Submissions for Commencement of the
Project
2.1.
An ET shall be established by the
Permit Holder no later than one month before the commencement of construction
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 requirements as contained in the EM&A Manual. The ET Leader shall
keep a contemporaneous log-book of each and every 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-066/2002) or this Permit. The ET Leader shall notify the independent
engineer within one working day of the occurrence of any such instance or
circumstance or change of circumstance. 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.
The ET shall not be in any way an associated body of the Contractor or the
independent engineer for the Project.
2.2.
An independent engineer shall be employed by
the Permit Holder no later than one month before the commencement of
construction of the Project. The independent engineer shall be a person who has
at least 7 years' experience in EM&A or environmental management. The independent
engineer 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 independent
engineer shall be responsible for verifying the environmental acceptability of
permanent and temporary works, relevant design plans and submissions under this
Permit. The independent engineer shall verify the log-book(s) mentioned in
Condition 2.1 of this Permit. The independent engineer shall notify the
Director by fax, within 24 hours of each and every change of circumstances or
non-compliance with the recommendations of the EIA Report or this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the Project. In case the independent engineer fails to so notify the Director
of the same, fails to discharge the duties of the independent engineer 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 independent
engineer. Failure to replace the independent engineer as directed or further
failure to so notify the Director despite employment of a new independent
engineer may render the Permit liable to suspension, cancellation or variation.
Notification by the Permit Holder is the same as notification by the independent
engineer for the purpose of this Condition. The independent engineer shall not
be in any way an associated body of the Contractor or the ET for the Project.
2.3.
The Permit
Holder shall, within one month after the commencement of construction of the
Project, inform the Director in writing the management organization of the main
construction companies and/or any form of joint ventures associated with the
construction of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
3
Measures for Construction and Operation of the Project
3.1
The Permit Holder shall implement
all mitigation measures stated in the Implementation Schedule (i.e. Tables
11.1-11.4) of the EIA report.
3.2
No more than one closed grab
dredger with a maximum daily dredging rate of 500 m3/day shall be
employed for the dredging operation.
3.3
Silt curtain shall be employed to
enclose the grab while dredging works are in progress. This layer of silt
curtain shall be a frame type silt curtain and consists of floats, curtain and ballast
at the bottom In case the baseline water quality monitoring data indicates low
ambient suspended solids concentrations of less than 12.5 mg/l, a second layer
of silt curtain shall be employed around the project site and the dredging rate
should be lowered to 250 m3/day. The second layer of silt curtain
shall be a hanging type formed from tough, abrasion-resistant permeable
membranes, supported on floated booms in such a way as to ensure that egress of
turbid waters from the enclosed dredging area shall be restricted.
3.4
The Permit Holder shall use small
sized hopper and dredger for dredging works. The maximum draft of the dredger
and hopper barge, when fully loaded, shall not exceed 2m. The hopper barge
shall make more frequent trips to transport the dredged material to the
allocated marine disposal ground, instead of remaining at Lung Kwu Chau until
it is fully loaded, in order to avoid grounding of the barge during low tide.
3.5
Freeboard of at least 200mm shall
be maintained on barges.
3.6
The
Permit Holder shall avoid using high-speed vessels in the construction or
operation of the jetty. If
high-speed vessels must be used, they shall be required to slow to under 10
knots. Furthermore, marine traffic entering the Marine Park to the proposed
jetty area shall follow the most direct route.
3.7
The
Permit Holder shall not dump any rubbish, food, oil, or chemicals within the
site(s) during construction and operation of the jetty.
3.8
During the construction and
operation of the jetty, the Permit Holder shall avoid carrying out dredging
works during the period from May to August inclusive which is the peak season
that Chinese White Dolphins will visit the area.
3.9
Prior to the start of dredging at
both construction and operation stage, the Permit Holder shall scan an exclusion
zone of 500m radius around the work area for at least 30 minutes. If dolphins
are observed in the exclusion zone, marine works shall be delayed until they
have left the area. If dolphins are observed within the exclusion zone during
marine works, the works shall cease until the dolphins have left the area.
3.10
Presence of dolphins in the
exclusion zone shall be monitored by scanning the sea both with and without
binoculars whilst positioned at vantage point near the summit of the hill
behind the jetty location. The vantage point shall enable an extensive view of
the 500m exclusion zone in all directions around the jetty. The observer shall
communicate with the Engineer via a dedicated telecommunications device (e.g.
mobile phone or walkie-talkie).
3.11
During the demolition of the
existing jetty structure, the Permit Holder shall use silenced breakers. Blasting
shall be prohibited. Demolition and removal works of the submerged portion of
the jetty shall be carried out during low tide to minimise transmittance of
noise into the water.
3.12
No more than one maintenance
dredging shall be carried out every five consecutive years. The Permit Holder shall
notify the Director in writing the commencement date of maintenance dredging at
least 2 weeks prior to its commencement. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commencement date
of the maintenance dredging. During
maintenance dredging, the Permit Holder shall implement all measures applicable
to dredging operation at construction stage.
4
Environmental Monitoring and Audit Requirements
4.1
The EM&A programme shall be implemented as
set out in the EM&A Manual. Any changes to the programme shall be justified
by the ET leader and verified by the independent engineer as conforming to the
information and requirements contained in the EM&A Manual before submission
to the Director for approval.
4.2
The Permit Holder shall take samples and
measurements in accordance with the requirements of the EM&A Manual by:
(a)
conducting baseline environmental monitoring on
water quality for at least four weeks prior to commencement of marine works;
(b)
conducting impact monitoring on water quality
during dredging works; and
(c)
conducting post-construction monitoring on
water quality for four weeks upon completion of all marine-based construction
activities.
4.3
The remedial actions described in the
Event/Action Plans of the EM&A Manual shall be fully and properly carried
out in accordance with the time frames set out in the Event/Action Plans, or as
agreed by the Director.
4.4
Records of measurements and actions taken under
Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept,
within 3 working days of the collection of data or completion of action, for
the purpose of preparing and submitting the EM&A reports and making the
information available for inspection on site.
4.5
Two hard copies and one electronic copy of the
Baseline Monitoring Report shall be submitted to the Director at least 2 weeks
before commencement of construction of the Project. The submission shall be
verified by the independent engineer. Additional copies of the submission shall
be made available to the Director upon his request.
4.6
Two hard copies and one electronic copy of
monthly EM&A Report shall be submitted to the Director within 10 working
days after the end of the reporting month. The EM&A Reports shall include a
summary of all noncompliance (exceedances) of the environmental quality
performance limits (Action and Limit Levels). The submissions shall be verified
by the independent engineer. Additional copies of the submission shall be
provided to the Director upon request by the Director.
4.7
All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
4.8
Upon completion of all marine-based
construction activities, the Permit Holder shall carry out a post-project
monitoring exercise on water quality for four weeks in the same manner as the
impact monitoring.
5
Electronic Reporting of EM&A Information
5.1
To facilitate public inspection of the Baseline
Monitoring Report and monthly EM&A Reports via the EIAO Internet Website
and at the EIAO Register Office, electronic copies of these Reports shall be
prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in
Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by
the Director and shall be submitted at the same time as the hardcopies as
described in Condition 4 of this Permit. For the HTML version, a content page
capable of providing hyperlink to each section and sub-section of these Reports
shall be included in the beginning of the document. Hyperlinks to all figures,
drawings and tables in these Reports shall be provided in the main text from
where the respective references are made. All graphics in these Reports shall
be in interlaced GIF format unless otherwise agreed by the Director. The
content of the electronic copies of these Reports must be the same as the
hardcopies.
5.2
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 5.1
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.
5.3
The Internet website as described in Condition 5.2
above shall enable user-friendly public access to the monitoring and project
data including the EIA report and the environmental permit(s) and the project
profile of the Project. The Internet website shall have 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 (noise, water
and air quality); 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,
Transport and Works, 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, Transport and Works, 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 construction or operation of 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-150/2002