Environmental Permit No. EP-228/2005
環境許可證編號
EP-228/2005
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
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 Civil Engineering and Development
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拓展署（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﹕-
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Application No. 申請書編號 |
AEP-228/2005 |
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Document in the Register : 登記冊上的文件： |
(1) Road P1 Advance Works at Yam O on (Register No.: AEIAR-090/2005) [Hereinafter referred
to as the “EIA Report”] (1) 大嶼山P1號公路陰澳段前期工程 – 環境影響評估報告、環評行政摘要及環境監察及審核計劃 （登記冊編號: AEIAR-090/2005）
[下稱「環評報告」] (2) The Director’s letter of approval of the EIA
report dated 6 September 2005 (Reference: ( ) in Ax(1) to EP2/N9/A/78 III) (2) 署長於2005年9月6日發出批准環評報告的信件（檔案編號: ( ) in
Ax(1) to EP2/N9/A/78 III） (3) Application documents including all attachments
submitted by the Permit Holder on 13 September 2005 (Application No. AEP-228/2005) (3) 申請文件包括許可證持有人於2005年9月13日提交的所有附件（申請書編號:AEP-228/2005） |
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10 October 2005 |
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Date 日期 |
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(Simon Y M HUI) Principal
Environmental Protection Officer (Regional
Assessment) for Director
of Environmental Protection 環境保護署署長 （首席環境保護主任（區域評估）許一鳴代行） |
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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 |
Road P1 Advance Works
at Sunny Bay, Lantau [The above designated project is
hereinafter referred to as “the Project”] 大嶼山P1號公路欣澳段前期工程 [這工程項目下稱"工程項目"] |
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Nature of Designated Project |
(a) Construction and operation of
about 2.85km of district distributor; and (a) 建造及營辦約長2.85公里的地區幹路；及 (b) Reclamation works (including
associated dredging works) of approximately 3ha in size and the boundary of
which is less than 500m from the nearest boundary of the existing Luk Keng
Conservation Area and the planned Lantau North Country Park Extension. (b) 面積約3公頃的填海工程（包括相聯挖泥工程），而其一條界線距離現有的鹿頸自然保育區及計劃中的北大嶼山郊野公園擴建部分的最近界線少於500米。 |
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Location of Designated Project 指定工程項目的地點 |
Sunny Bay on |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(a) Construction and operation of: (i) about two 1km of 2-lane single carriageway roads, namely Slip
Roads 5 and 6, connecting from Sunny Bay Interchange to the proposed at-grade
Road P1 Roundabout; (ii) an at-grade roundabout, namely Road P1
Roundabout; and (iii) about 0.85km of 2-lane road, namely Road
A, connecting from the proposed Road P1 Roundabout and to the existing Sunny
Bay Road Roundabout. (a) 建造及營辦： (i) 兩條約長1公里的雙線單程行車道（五號及六號連接路），把欣澳交匯處連接至擬建的P1號道路地面迴旋處； (ii) 地面迴旋處（P1號道路迴旋處）；及 (iii) 約長0.85公里的雙線行車道（道路A），把擬建的P1號道路迴旋處連接至現有的欣澳道迴旋處。 (b) Construction of about 3ha of land at Sunny
Bay, North Lantau, and the construction of about 650m of seawall. (b) 在北大嶼山的欣澳建造約3公頃的土地及約650米的海堤。 |
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-090/2005), the application documents including all
attachments (Application No. AEP-228/2005), 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 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 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
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 (Register No. AEIAR-090/2005) 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 (Register No. AEIAR-090/2005) 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 (Register No. AEIAR-090/2005) 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.
2.3.
The
Permit Holder shall, at least one week 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.
3
Measures for Construction of the Project
Measures to Mitigate Water Quality Impacts during
Construction
3.1
For
dredging and filling works associated with Sunny Bay Reclamation:
(a) no more than two grab dredgers shall be used
and no more than 8,000 m3 of marine sediment shall be dredged per
day;
(b) all
dredging works as described in (a) of this Condition shall be fully enclosed by
a frame type silt curtain capable of reducing sediment loss to outside by at
least 80% as stated in the approved EIA report (Register No.: AEIAR-090/2005);
(c)
to provide additional protection from sediment
loss to the outside of bay area and to any seagrass bed that may be present
at the west end of reclamation, an additional floated type silt curtain shall
be deployed at the eastern and western end of reclamation area as shown in
Figure 2. This layer of silt
curtain shall be formed from tough, abrasion-resistant permeable membranes,
supported on floated booms as shown in Figure
3, in such a way as to ensure that egress of turbid waters from the enclosed
dredging area shall be restricted
(d) a pilot test shall be
carried out to produce the necessary information to demonstrate that the frame
type silt curtain is capable of reducing sediment loss to outside by at least
80%;
(e) prior to the pilot test, the
details of it shall be submitted to the Director for agreement; and
(f)
should a suspended solids removal
efficiency more than 80% cannot be demonstrated in the pilot test, an additional
floated type silt curtain shall be deployed near the eastern end of the bay
and adjoining Cheung Sok as shown in Figure
2
3.2
To ensure that any fine sediment lost shall not be
dispersed outside the works area, all filling activities of the Sunny Bay
Reclamation shall be carried out behind seawalls which shall have been
constructed to above high water level and at least 100 m in advance of the
filling point. In the event that the 100 meters lead of seawall construction is
not practicable, other suitable barriers shall be implemented to provide an
effective lead of 100 meters upon prior written approval by the Director.
3.3
Should the seawall trenches be backfilled with sandfill,
the fill shall be placed by pumping down the arm of a trailing suction hopper
dredger, which shall be positioned within the trench below the level of the
surrounding seabed.
3.4
The following general working methods shall be implemented
during dredging and filling works of the Sunny Bay Reclamation to minimise the
loss of fine sediment to suspension:
(a)
tightly closing grabs shall be used to restrict the loss of
fine sediment to suspension; and
(b) all barges used
for the transport of dredged materials shall be fitted with tight bottom seals
in order to prevent leakage of material during loading and transport.
3.5
To mitigate environmental impacts due to site runoff and other
potential water pollution caused by construction activities, mitigation measures
described in Appendix A shall be implemented throughout
the construction period.
3.6
All fuel tanks and storage areas shall be provided with
locks and be sited on sealed areas, within bunds of a capacity equal to 110% of
the storage capacity of the largest tank. The bund shall be drained of
rainwater after a rain event.
Measures to Mitigate Marine Ecological
Impacts during Construction
3.7
The speed of any construction vessels shall not exceed 10
knots when passing through the Project Site Boundary as shown in Figure
4 attached to this Permit.
Measures to Mitigate Landscape and
Visual Impacts during Construction
3.8
The Permit Holder shall fully implement the landscape and visual mitigation
measures shown in Figure 5 and 6
attached to this Permit. The proposed planting palette is shown in Appendix
B attached to this Permit.
4
Measures for Operation of the Project
Measures to Mitigate Water Quality Impacts during
Operation
4.1
Silt traps shall be
installed on storm drains serving developed and landscaped/managed
areas. The silt traps shall be installed at the last point in the drainage
system before discharge to the sea.
Measures to Mitigate
Landscape and Visual Impacts during Operation
4.2
The Permit Holder shall fully implement the landscape
and visual mitigation measures shown in Figure
5 and 6 attached to this Permit.
The roadside landscape planting shall be properly maintained.
5
Environmental Monitoring and Audit Requirements
5.1
The EM&A programme shall
be implemented in accordance with the procedures and requirements as set out in
the EM&A Manual. Any changes to the programme shall be justified by the ET
leader and verified by the IEC as conforming to the information and
requirements contained in the EM&A Manual before submission to the Director
for approval.
5.2
Samples, measurements and
necessary remedial actions shall taken in accordance with the requirements of the
EM&A Manual by:
(a)
conducting baseline
environmental monitoring;
(b)
conducting impact
monitoring;
(c)
carrying out remedial
actions described in the Event/Action Plans of the EM&A Manual in
accordance with the time frames set out in the Event/Action Plans, or as agreed
by the Director, in case where specified criteria in the EM&A Manual are
exceeded; and
(d)
logging and keeping records
of details of (a) to (c) above for all parameters within 3 working days of the
collection of data or completion of remedial action(s), for the purpose of
preparing and submitting the monthly EM&A Reports and to make available for
inspection on site.
5.3
Three 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 IEC. Additional copies of the
submission shall be made available to the Director upon his request.
5.4
Three 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 non-compliance (exceedances) of the environmental
quality performance limits (Action and Limit Levels). The submissions shall be
verified by the IEC. Additional copies of the submission shall be provided to
the Director upon request by the Director.
5.5
All environmental monitoring
and audit data submitted under this Permit shall be true, valid and correct.
6
Electronic Reporting of EM&A Information
6.1
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 5 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.
6.2
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 6.1 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.
6.3
The
Internet website as described in Condition 6.2 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, air
quality and water 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-228/2005
Appendix
A (as referred to in Condition 3.5)
(i)
Before commencing any site formation work, all sewer and drainage
connections shall be sealed to prevent debris, soil, sand etc. from entering
public sewers/drains.
(ii)
Provision of perimeter channels to intercept storm-runoff from outside
the site. These shall be constructed in advance of site formation works and
earthworks.
(iii)
Sand/silt removal facilities such as sand traps, silt traps and sediment
basins shall be provided to remove sand/silt particles from runoff. All
drainage facilities and erosion and sediment control structures shall be
inspected monthly and maintained to ensure proper and efficient operation at
all times and particularly during rainstorms.
(iv)
Water pumped out from foundation excavations shall be discharged into
silt removal facilities.
(v)
Careful programming of the works to minimise surface excavations during
the wet season. If excavation of soil cannot be avoided during the wet
season, exposed slope surfaces shall be covered by a tarpaulin or other means.
(vi)
Exposed soil surfaces shall be protected by paving or fill material as
soon as possible to reduce the potential of soil erosion
(vii)
Open stockpiles of construction materials or construction wastes on-site
of more than 50m3 shall be covered with tarpaulin or similar fabric
during rainstorms.
(viii)
Debris and rubbish generated on-site shall be collected, handled and
disposed of properly to avoid entering the nearby coastal waters and stormwater
drains. Stockpiles of cement and other construction materials shall be
kept covered when not being used.
Appendix
B (as referred to in Condition 3.8)
|
Species |
Form |
Colour |
Size |
|
-Casuarinas equisetifolia |
Conical |
Light green |
Heavy standard |
|
-Hibiscus tiliaceous |
Oval ball |
Dark green |
Heavy standard |
|
-Delonix regia |
Spreading free |
Medium green |
Heavy standard |
|
-Bauhinia spp |
Open free |
Medium green |
Heavy standard |
|
-Cerbera manghas |
Oval ball |
Dark standard |
Standard |
|
-Ficus elastica |
Spreading free |
Dark standard |
Standard |
|
-Roystonea regia |
Palm |
Light green |
5 M High |
|
- |
Palm |
Medium green |
5 M High |
|
-Archontophoenix alexandrae |
Palm |
Medium green |
5 M High |
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