Environmental Permit No. EP-253/2006
環境許可證編號 EP-253/2006
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 PART OF THE
DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to
Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), 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：
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Application
No. 申請書編號： |
AEP-253/2006 |
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Document
in the Register: 登記冊上的文件： |
(1) Project Profile – “ 工程項目簡介–地鐵荔枝角站長荔街行人隧道及出入口建造工程 (登記冊編號：PP-269/2005) |
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(2) The Director’s letter of
permission to apply directly for environmental permit dated 22 December 2005
[Ref.: () in EP2/K5/A/08] 署長於 |
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(3) Application
documents including all attachments submitted by the Permit Holder on 25.7.2006
(Application No. AEP-253/2006) 申請文件包括許可證持有人於 |
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Date 日期 |
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(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) |
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Part B (DESCRIPTIONS
OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated projects 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 Projects 指定工程項目的名稱 |
[This designated
project is hereinafter referred to as “the Project”] 地鐵茘枝角站長茘街行人隧道及出入口建造工程 [這指定工程項目下稱“工程項目”] |
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Nature
of Designated Projects |
Construction and
operation of an approximately 興建及運作一條長約 |
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Location
of Designated Project 指定工程項目的地點 |
Lai Chi Kok. The
location of the Project is shown in Figure 1 attached to this Permit. 茘枝角。工程項目的位置見載於本許可證夾附的圖1。 |
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Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
Construct and operate
a 興建和運作一條長約 |
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-269/2005),
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, 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. Any
non-compliance with the submissions may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap. 499). 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
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.
1.12
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.
1.13
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 by the Permit Holder no later than three 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 EM&A Manual submitted and approved under
Condition 2.4 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-269/2005) 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 by the Permit Holder no later than three 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 2.4 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-269/2005) 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 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.
2.4 At
least 2 weeks before commencement of the 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 approved under this
condition shall hereinafter be referred to as the “EM&A” Manual. The EM&A Manual shall list out the
EM&A programme requirements including, at least, the following:
i)
construction noise
monitoring requirement (incl. monitoring frequency, location and methodology
for baseline and impact monitoring)
ii)
the means to mitigate
the construction noise impact;
iii)
the environmental
quality performance limits (Action and Limit Levels);
iv)
Event/Action Plans and
decision audit flow charts;
v)
procedures for
reviewing the noise monitoring results;
vi)
compliance audit
procedures and follow-up; and
vii)
complaint
investigation procedures.
3.
Submissions or Measures during Construction of
the Project
3.1 The
underground works including excavation and construction of the subway and its
ancillary underground structure shall be carried out underneath a road deck.
3.2 To
minimise construction noise impacts, the Permit Holder shall use a temporary
movable noise barrier with design as shown in
Figure 2 of this Permit, or
acoustic mat to shield the noise generating part(s) of the circular saw,
handheld breaker and vibrating hammer from the nearby noise sensitive receivers
throughout the works period. The
movable noise barrier or acoustic mat shall have no openings or gaps. The noise barrier or acoustic mat material
shall have a surface mass of not less than
4.
Environmental Monitoring and Audit (EM&A) Requirements
during the Construction Period
4.1
The
Permit Holder shall implement the EM&A Programme in accordance with the procedures and requirements as set out in the EM&A Manual approved under
Condition 2.4 of this Permit. Any
change to the EM&A Programme shall be justified by the ET leader and
verified by the IEC with regard to its conformance with the relevant requirement as set out in the EM&A Manual, before submitting to the Director for approval.
4.2
Three
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least one week before commencement of construction
of the Project. The report shall include the details of the baseline noise
monitoring. Additional copies of
the report shall be made available to the Director upon request by the Director. Electronic copy of the report shall be
prepared in the format as set out in Condition 5.1.
4.3
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, at least, the impact monitoring
results and a summary of all non-compliance (exceedances) of the environmental
quality performance limits (Action and Limit Levels). Additional copies of the
submission shall be provided to the Director upon request by the Director. Electronic copy of the report shall be
prepared in the format as set out in Condition 5.1.
4.4
Any
necessary remedial measure and action as described in the EM&A Manual shall
be fully and properly carried out, in accordance with the time frame(s) as set
out in the EM&A Manual, or as agreed by the Director.
4.5
For
timely access of information by the affected community, the Permit Holder shall
make the impact monitoring results available to the public via internet access to
be set up under Conditions 5.2 and 5.3. The monitoring data shall be justified
by the ET Leader and verified by the IEC before releasing to the public, and
the uploading shall in no event later than 3 days after the relevant environmental
monitoring data are collected or become available.
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 hard copies as
described in Conditions 4.2 and 4.3 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.
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
data is to be placed within four weeks after the
commencement of construction of the Project. All environmental
monitoring reports described in Condition 5.1 above and all submissions required by this Permit shall be made
available to the public via this dedicated web site to be set up by the Permit
Holder in the shortest time practicable, and in no event later than 2 weeks
after the reports become available, unless otherwise agreed
with the Director. 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. The Permit Holder shall maintain the
dedicated website throughout the construction of the Project for public access
to the environmental monitoring data.
5.3
The internet website as described in Condition 5.2
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; 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 Environmental Impact Assessment
Ordinance (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 EIA Ordinance for details and seek independent legal advice.