Environmental Permit No. EP-201/2004

環境許可證編號  EP-201/2004

 

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

 

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 Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to The Hongkong Electric Co., Ltd. (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》(“本條例”)第10條的規定，環境保護署署長(“署長”)將本環境許可證批予香港電燈有限公司 (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。本環境許可證是依據下列文件、批准或許可而簽發：

 

 

 

Application No.

申請書編號

AEP-201/2004

 

Documents in the Register

登記冊上的文件

(1)     Renewable Energy by a Wind Turbine System on Lamma Island (Register No.: AEIAR-080/2004)

-          Final EIA Report (hereinafter referred to as the “EIA Report”)

-          Final EM&A Manual

-          Executive Summary

 

南丫島再生能源風力發電機組 (登記冊編號：AEIAR-080/2004)

-          最終環評報告 (下稱“環評報告”)

-          最終環境監察及審核手冊

-          最終行政摘要

 

(2)     The Director’s letter of approval of the EIA Report dated 27 October 2004, (ref: (13) in EP2/N9/D/106 III)

 

署長於二零零四年十月二十七日發出批准環評報告的信件 (檔案編號：(13) in EP2/N9/D/106 III)

 

 

(3)       Application document for environmental permit on 29 October 2004 (Application No. AEP-201/2004)

 

許可證持有人於二零零四年十月二十九日提交的環境許可證申請文件 (申請書編號：AEP-201/2004)

 

 

 

 

 

 

 

 26 November 2004

2004年 11月 26日

 

Date

日期

 

(Elvis W. K. AU)

Assistant Director

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

(助理署長(環境評估及噪音) 區偉光代行)

 

 

 

 

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

 

Renewable Energy by a Wind Turbine System on Lamma Island

(this designated project is hereafter referred to as “the Project”)

南丫島再生能源風力發電機組

(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

 

Public utility electricity power plant

公用事業電力廠

 

Location of Designated Project

指定工程項目的地點

 

 

Tai Ling of Lamma Island

南丫島大嶺

 

The location of the Project is shown in Figure 1 of this Permit.

工程項目的地點載於本許可證圖1。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

(i)       Construction of a 600-850kW wind turbine system comprising a wind turbine generator and a high voltage distribution pillar for connection with existing power grid.
建造一台容量為600至850千瓦的風力發電機組。機組包括一台風力發電機和一個高壓配電箱，把電力輸入現有電網。

 

(ii)      Operation of a 600-850kW wind turbine for power generation.
營辦一台容量為600至850千瓦的風力發電機組。

 

 

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) 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 and 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 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 description 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-080/2004); the information or mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

 

1.8               All submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director’s comments or otherwise specified by the Director.

 

1.9               All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit.  Any 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 referred to in Condition 2.1 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            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 2 weeks 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” includes on-site clearance works.

 

1.14            The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than 2 weeks prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

 

2.    Specific Conditions

 

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 2 weeks 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 team and the ET Leader shall be responsible for the duties defined in the EM&A Manual which forms part of the EIA Report     (Register No.: AEIAR-080/2004).  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 considerations and each and every non-compliance with the recommendations of the EIA Report or this Permit. 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 in 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.

Measures for Protection of Romer’s Tree Frogs (RTFs)

2.2               At least one day-time and one night-time surveys for the Romer’s Tree Frogs (RTFs) within the Project site shall be undertaken and completed no later than one week before the commencement of on-site clearance works to minimise impacts on the RTFs.  The RTF surveyor shall actively search within the Project site, paying special attention to all possible microhabitats, including natural and artificial ones e.g. abandoned containers with water.  All recorded RTFs (including adults, tadpoles and eggs) shall be collected by hand and translocated to the stream pools of middle course of Stream S4 near Lo Tik Wan (as shown in Figure 2 of this Permit), immediately after the surveys. The results of the surveys and recommendations on follow-up actions required shall be reported in the Ecological Baseline Monitoring Report as described in Conditions 2.4 and 3.2 of this Permit.

2.3               The Romer’s Tree Frog (RTF) surveys, translocations, reporting of the results and recommendation on follow-up actions, as described in Condition 2.2 of this Permit, shall be undertaken by a qualified ecologist with at least five years of relevant experience.

2.4               The following details of the Romer’s Tree Frog (RTF) surveys, the subsequent translocations and follow-up actions shall be reported in the Ecological Baseline Monitoring Report as described in Condition 3.2 of this Permit:

(a)               The time of conducting the surveys and translocations;

(b)               Methodology and results of the surveys;

(c)               Methodology of collecting the RTFs (including adults, tadpoles and eggs), if found, within the Project site during the surveys;

(d)               Procedures of transportation of the RTFs (including adults, tadpoles and eggs), if found, from the Project site to the receptor site i.e. stream pools of the middle of Stream S4 near Lo Tik Wan as shown in Figure 2 of this Permit;

(e)               Recommendation(s) on any follow-up actions required for protection of the identified and translocated RTFs; and

(f)                Photos and location plans to illustrate the results of the surveys and translocations.

Measures for Mitigating Landscape and Visual Impacts

2.5               The wind turbine system shall be installed at the Project site in Tai Ling, Lamma Island as shown in Figure 1 of this Permit. The hub height, rotor blade diameter and overall height of the wind turbine shall not be greater than 45 metres, 52 metres and 71 metres respectively.  The wind turbine shall be coloured non-reflective light grey (ICI colour code 1369 North Beach 50BG 72/011 or equivalent as agreed by the Director) to blend in with the surrounding in order to minimise visual intrusion. Any deviation from the recommended design specifications or colour scheme of the wind turbine shall require prior approval from the Director.

2.6               To minimise the visual disturbance, the rotating speed of the blade of the wind turbine shall not be greater than 31 rotations per minute (rpm).

2.7               Landscape and visual mitigation measures shall be applied to the disturbed area, shaded in green, as shown in Figure 3 of this Permit before the commencement of operation of the Project.  The measures shall include:

(a)               grading of slopes in the disturbed area to resemble a natural rolling landform to blend in with the adjacent topography; and

(b)               landscape planting including trees, shrubs and grasses. Reference shall be made on trees and shrubs species close to the surrounding area when deciding on what species of trees and shrubs to choose for planting.

Measures for Mitigating Noise Impacts

2.8               The wind turbine shall have a sound power level of not more than 100 dB(A) and shall be free of pure tones.  The Permit Holder shall deposit to the Director before the commencement of operation of the Project a certificate of measurements of the wind turbine to demonstrate that the maximum sound power level is not more than 100 dB(A) covering the full range of operation including start-up, shut-down, cut-in, cut-out, braking and yawing and full range of wind speeds; and is free of pure tones.  The noise measurements shall be conducted by qualified personnel in accordance to the international standard procedures International Electrotechnical Commission (IEC) Publication 61400-11 or equivalent as agreed with the Director.

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

3.1               The EM&A programme during the construction and operation stages of the Project shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual which forms part of the EIA Report (Register No.: AEIAR-080/2004). Changes to the EM&A requirements or programme shall need justification by the ET Leader to their conformance with the requirements as set out in the EM&A Manual; and the prior approval from the Director shall be sought before their implementation.

3.2               Four hard copy and one electronic copy of the Ecological Baseline Monitoring Report to cover the pre-site clearance surveys for the Romer’s Tree Frogs, the requirements of which are set out in Conditions 2.2 – 2.4 of this Permit, shall be submitted to the Director within two weeks after the completion of the surveys.  The submission shall be certified by the ET Leader regarding its compliance with the requirements as set out in the EM&A Manual and Conditions 2.2 – 2.4 of this Permit before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.3               Four hard copies and one electronic copy of the monthly EM&A Report for the construction and operation stages shall be submitted to the Director within 2 weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.4               The monitoring of bird collision events on the wind turbine shall be undertaken during the first 12-month operation of the wind turbine system in accordance with the procedures and requirements as set out in the EM&A Manual.  If there is any suspected bird collision event due to the wind turbine operation:

(a)               the Permit Holder shall, within 1 working day, inform the Director of the event; and

(b)               the Permit Holder shall, within 7 days, notify the Director in writing the results of the full investigation or any interim findings of the event and in particular on whether or not the event is due to the wind turbine operation; and

(c)               the Permit Holder shall, within 1 month after there have been more than 3 times of confirmed bird collision events, submit to the Director for approval a detailed action plan with remediation measures to include justification on any need to revise monitoring requirements for bird collision.

The investigation results and action plan shall be certified by the ET Leader as true and accurate before submission to the Director and be included in the monthly EM&A Reports as described in Condition 3.3 of this Permit. The action plan if approved by the Director shall be fully and properly implemented.

3.5               The operational noise of the wind turbine system shall be monitored during the first 6-month of its operation in accordance with the procedures and requirements as set out in the EM&A Manual. If there is any measured noise exceedance or complaint on operational noise nuisance from the wind turbine system:

(a)               the Permit Holder shall, within 1 working day, inform the exceedance or complaint to the Director;

(b)               the Permit Holder shall, within 7 days, notify in writing the results of the full investigation or any interim findings of the exceedance or complaint and in particular on whether or not there is noise exceedance due to the wind turbine operation; and

(c)               the Permit Holder shall, within one month after there has been any confirmed noise exceedance due to the wind turbine operation, submitted to the Director for approval a detailed action plan with remediation measures to include justification on any need to revise monitoring requirements.

The investigation results and action plan shall be certified by the ET Leader as true and accurate before submission to the Director and be included in the monthly EM&A Reports as described in Condition 3.3 of this Permit. The action plan if approved by the Director shall be fully and properly implemented.

3.6               All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct.

3.7               Any necessary remedial measures and actions as described in the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the EM&A Manual, or as agreed by the Director.

4.      Electronic Reporting of EM&A Information

 

4.1               To facilitate public inspection of the Ecological Baseline Monitoring Report and monthly EM&A Reports for both construction and operation stages via the Environmental Impact Assessment (EIA) Ordinance Internet Website and at the EIA Ordinance 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 hard copies as described in Conditions 3.2, and 3.3 of this Permit.  For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document.  Hyperlinks to all figures, drawings and tables in the reports shall be provided in the main text from where the respective references are made.  All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.  The content of the electronic copies of these Reports shall be the same as the hard copies.

4.2               The Permit Holder shall, within two weeks after the commencement of construction of the Project, set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and audit results and project information are to be placed.  All environmental monitoring data and results, the Ecological Baseline Monitoring Report and the EM&A Reports for the construction and operation stages as described in Conditions 3.2 and 3.3 of this Permit 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 two weeks after the relevant environmental monitoring results 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 environmental monitoring and audit results and the project data including the EIA Report and the environmental permit(s) of the Project.  The internet website shall have features capable of : -

(a)  providing access to all environmental monitoring results collected since the commencement of work;

(b)  searching by date for noise data;

(c)  hyperlinks to relevant monitoring results 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 Environmental Impact Assessment Ordinance (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 Project site by the amended permit.

 

4.         A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the 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 Project site.

 

6.           If this Permit is cancelled or surrendered during construction 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 a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.

 

7.         Any person who constructs the Project contrary to the conditions in the Permit, and is convicted of an offence under the 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 Ordinance for details and seek independent legal advice.

 

 

Environmental Permit No. EP-201/2004

環境許可證編號EP-201/2004

 

| Figure 1| Figure 2 | Figure 3 |

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