Environmental Permit No. EP-230/2005
環境許可證編號 EP-230/2005
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 Ordinance), the Director of Environmental Protection (the Director) grants
this environmental permit to MTR Corporation Limited (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地鐵有限公司（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-230/2005 |
|
Document in the Register: 登記冊上的文件： |
(1) Project Profile – Prince Edward Station Pedestrian Subway Extension and Entrance Modification Works (Register No.: PP-253/2005) (1)
工程項目簡介 – 太子站行人隧道延展及出入口修改工程 (登記冊檔號: PP-253/2005) (2) The Director’s letter of permission to apply directly for
environmental permit dated 22 August 2005 [Ref.: ( ) in EP2/K3/A/04] (2) 署長於2005年8月22日 發出批准直接申請環境許可證的信件 [檔案編號 : (
) in EP2/K3/A/04] (3) Application for Environmental Permit submitted by the Permit
Holder on 26 September 2005 (Application No. AEP-230/2005) (3) 許可證持有人於2005年 9 月 26 日提交的環境許可證申請（申請書編號：AEP-230/2005） |
|
22
October 2005
Date 日期 |
|
(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 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 PartA 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 |
Prince Edward Station Pedestrian Subway
Extension and Entrance Modification Works [This designated project is hereinafter
referred to as “the Project”] 太子站行人隧道延展及出入口修改工程 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
Modification
of the existing Prince Edward Station Entrance B2 and construction of an
approximately 160m long pedestrian subway constituting material change to the
MTRC Prince Edward Station. 修改現有的太子地鐵站B2出口及興建一條長約160米的行人隧道對太子地鐵站構成實質改變。 |
|
Location of Designated Project 指定工程項目的地點 |
Mong Kok. The location of the Project is
shown in Figure 1 attached to this Permit. 旺角。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 |
Modification
of the existing Prince Edward Station Entrance B2 and operation of the
modified Prince Edward Station Entrance B2; construction and operation
of an approximately 160m long pedestrian subway underneath Sai Yeung
Choi Street South, crossing Nullah Road, an emergency escape stair near
the junction of Sai Yeung Choi Street South and Nullah Road with fresh
and smoke extraction vents on its top (see Figure
2) and the integrated entrance at Pioneer Centre. 修改現有的太子地鐵站B2出口及運作修改後的太子地鐵站B2 出口 ; 興建和運作一條長約160米位於西洋菜南街地底及穿過水渠道的行人隧道、一個位於西洋菜南街與水渠道交界的緊急逃生樓梯、設於緊急逃生樓梯頂部的通風口和排煙孔(見圖2)及位於始創中心的綜合出口。 |
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 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 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 Project Profile (Register No.: PP-253/2005), 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
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 at least two weeks before 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.
Submissions
or Measures before Commencement of Construction of the Project
2.1 An ET shall be established
at least two 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
audit (EM&A) or environmental management. The ET and the ET Leader
shall be responsible for the implementation of the EM&A programme as
contained in the approved EM&A Manual submitted under Condition 5.1 of this
Permit. In addition, the ET Leader shall be responsible for certifying
the environmental acceptability of permanent and temporary works, relevant
design plans and submissions under this Permit. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the Project Profile (Register No.
PP-253/2005) and each and every non-compliance with the recommendations of the
Project Profile or 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 circumstance. This log-book shall be kept readily available for
inspection by all persons assisting in the supervision of the implementation of
the Project Profile 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 Contractor or the IEC for
the Project.
2.2 An IEC shall be employed at least two
weeks before the commencement of construction of the Project. The IEC
shall have at least 7 years experience in EM&A or environmental
management. The IEC shall be responsible for duties defined in the
EM&A Manual submitted and approved under Condition 5.1 of this Permit, and
shall audit the overall EM&A programme including the implementation of all
environmental mitigation measures, submissions relating to EM&A, 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
receipt of notification from the ET Leader of each and every occurrence, change
of circumstances or non-compliance with the Project Profile (Register No.
PP-253/2005) 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 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.
The IEC shall not be in any way an associated body of the Contractor or the ET
for the Project.
2.3 The Permit Holder shall, at least two weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
3. Submissions
or Measures during Construction of the Project
General
Requirement
3.1 The underground
works along the Project alignment as shown in Figure
1 of this Permit shall be covered by deck after excavation.
Measures
to Mitigate Construction Noise Impact
3.2 When any item of construction plant included in the list below is to be used, only the quiet type of the relevant construction plant with Sound Power Level not exceeding the value as stipulated below shall be used to alleviate construction noise impacts:
(i) Lorry with Sound Power Level (SWL) not exceeding 105dB(A);
(ii) Excavator with SWL not exceeding 103dB(A);
(iii) Generator with SWL not exceeding 95dB(A);
(iv) Silent Piler Machine with SWL not exceeding 100dB(A);
(v) Crane Lorry with SWL not exceeding 105dB(A);
(vi) Truck with SWL not exceeding 103dB(A);
(vii) Water pumps with SWL not exceeding 88dB(A);
(viii)
Vibratory Poker with SWL not exceeding 102dB(A);
(ix)
Compactor and Roller with SWL not exceeding
101dB(A)
3.3 Noise reduction measures in the form of movable barrier or noise enclosure or acoustic shed shall be adopted to alleviate the construction noise impacts. Movable barrier with a steel frame of vertical/cantilever type shall be adopted and located close to the noise generating part of Powered Mechanical Equipment (PME). The barrier material shall have a surface mass of not less than 7 kg/m2 to achieve the maximum screening effect (and minimum 10 kg/m2 for noise enclosure). The length of barrier shall be at least five times greater than the height of the barrier and the minimum height of the barrier shall be such that no part of the PME noise source shall be visible from the noise sensitive receiver being protected. Sketches of movable barrier and noise enclosure are shown in Figure 3 of this Permit. The full enclosure, movable barriers and acoustic shed shall achieve no less than the noise reduction as listed below:
(i) Acoustic shed with 15dB(A) noise reduction for breaker;
(ii) Movable barrier with 5dB(A) noise reduction for lorry and excavator;
(iii)
Noise enclosure with 10dB(A) noise reduction for
generator and air compressor;
(iv)
Movable barrier with 5dB(A) noise reduction for
crane lorry, grouting machine, truck, concrete truck, compactor and roller,
vibratory poker.
3.4 Noise
insulating fabric of no less than 10dB(A) noise reduction shall be adopted for
the utilities diversion work from Chainage 000 to Chainage 067.
3.5 The
Permit Holder shall ensure the implementation of noise mitigation measures in
full compliance with the details as set out in accordance with Conditions 3.2,
3.3 and 3.4 above to achieve the construction noise performance at noise
sensitive receivers as predicted in the Project Profile (Register No. PP-253/2005).
3.6 No percussive
piling shall be carried out.
Submission for Visual Impact
3.7 Within six
months after the commencement of construction of the Project or as otherwise
agreed by the Director, design drawings and remedial measures for the two vent
shafts (each with dimension of 3m(W) x 3.2m(L) x 7.5m(H)) to demonstrate how
the visual impacts could be mitigated, shall be submitted to the Director for
approval. The Permit Holder shall ensure the vent shafts are constructed in
accordance with the recommendations in the design drawings and remedial
measures.
4. Measures
during Operation of the Project
Measures
to Mitigate Operation Noise Impact
4.1 The openings of the ventilation shafts shall not be directly facing (in direct line of sight) noise sensitive receivers.
4.2 Acoustic louvers and silencers that can achieve at least 15dB(A) noise reduction shall be provided at the vent shafts on top of the emergency escape stair located near the junction of Sai Yeung Choi Street South and Nullah Road.
4.3 There shall
be no testing of the emergency ventilation systems during 2300 to 0700 hour.
5. Environmental Monitoring and Audit (EM&A) during the Construction Period
5.1 At least two weeks before the commencement of construction of the Project, the Permit Holder shall submit to and obtain approval from the Director an EM&A Manual for the construction of the Project. The EM&A Manual shall list out the means to mitigate the construction noise impact; the environmental quality performance limits (Action and Limit Levels); Event/Action Plans and decision audit flow charts; procedures for reviewing the monitoring results; and compliance audit procedures and follow-up as stated in Annex 21 of the TM; and shall propose a community liaison channel which shall be set up during the construction of the Project to service complaints, comments, suggestions or requests for information. The EM&A Manual shall also set out the complaint investigation procedure referred to in condition 5.3 of this permit. The EM&A Manual approved under this condition shall hereinafter be referred to as the “EM&A Manual”.
5.2 The Permit Holder shall take samples and measurements in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline noise monitoring as set out in the EM&A Manual;
(b) conducting impact monitoring on noise as set out in the EM&A Manual with monitoring data and figure(s) made available to the public via internet access set up under Condition 6.2 for public/community early information in no event later than 3 days after the relevant environmental monitoring data are collected or become available (see Note 7);
(c) carrying out remedial actions in accordance with the Event and Action Plan, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of the details of (a) to (c) above within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
5.3 The Permit Holder shall set up a construction complaint investigation procedure at least 2 weeks before the commencement of construction works. The complaint investigation procedure shall follow the requirements set out in the EM&A programme.
5.4 All EM&A data submitted under this Permit shall be true, valid and correct.
5.5 Three hard copies and two electronic copies of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of any construction works. The Report shall include, but without limitation to, the details of the baseline noise monitoring. Additional copies of the submission shall be provided to the Director upon request from the Director.
5.6 Three hard copies and two electronic copies of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.
5.7 The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plan, or as agreed by the Director.
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 hard copies as described in Conditions 5.5 and 5.6 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 hard copies.
6.2 All environmental monitoring data described in Condition 6.1 above, including all monitoring data in Condition 5.2(b) for public/community early information, shall be made available to the public via internet access 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 (see Note 7). The Permit Holder shall notify the Director in writing, within 4 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.
6.3 The internet website as described in Condition 6.2 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 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. The
construction impact noise monitoring data described in Condition 5.2(b) for
public/community early information and the noise monitoring data for the
Baseline Monitoring Report and monthly EM&A Reports described in Conditions
6.1 and 6.2 shall be certified by the ET Leader and verified by the IEC.
8. 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.
9. 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.
10. 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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