Environmental Permit No. EP-256/2006

環境許可證編號EP-256/2006

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 (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the CASTLE PEAK POWER COMPANY 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青山發電有限公司 (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-256/2006
Document in the Register : 登記冊上的文件:		1. A Commercial Scale Wind Turbine Pilot Demonstration at Hei Ling Chau - Environmental Impact Assessment Report - Environmental Impact Assessment Executive Summary - Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-105/2007) 喜靈洲商用風力發電試驗計劃 - 環境影響評估報告 - 環境影響評估行政摘要 - 環境監察及審核手冊下稱“環評報告”（登記冊編號AEIAR-105/2007） 2. The Director’s letter of approval of the EIA Report dated 12 March 2007 referenced EP2/N9/D/115 環境保護署署長於二○○七年三月十二日發出批准環評報告的信件檔案編號EP2/N9/D/115
Document in the Register : 登記冊上的文件:		3. Application for Environmental Permit received on 4 October 2006 (Application No.: AEP-256/2006) 許可證持有人於二○○六年十月四日提交的許可証申請文件（申請書編號：AEP-256/2006）
	15 March 2007
	Date 日期		(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)

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

A Commercial Scale Wind Turbine Pilot Demonstration at Hei Ling Chau

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

喜靈洲商用風力發電試驗計劃 (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

Hei Ling Chau

喜靈洲

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

工程項目的地點展示於本許可證圖1內

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project is to construct and operate an unmanned 3-bladed wind turbine with :

- rated capacity between 800kW and 1300kW;

- overall height of about 90m;

- site area of about 54m x 100m; and

- generated power transmitted to a nearby existing 11kV power grid.

工程項目為建造及營辦一所無需人手操作的三葉片風力發電機組，及其：

- 額定功率為800千亙至1300千亙；

- 總高度約90米；

- 佔地面積約54米 x 100米；和

- 產生的電力輸進附近的現有11千伏電網。

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), Waste Disposal Ordinance (Cap. 354) and Civil Aviation Ordinance (Cap 448). 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 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 recommendations described in the approved EIA Report (Register No. AEIAR-105/2007), the Application for Environmental Permit (Application No. AEP-256/2006) and other relevant documents in the Register, the information and mitigation measures described in this Permit, 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 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 referred to in Condition 2.1 below before submitting to the Director under this 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 dates of construction and operation of the Project no later than two weeks prior to the commencement of construction and operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the construction and operation.

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 Certain Parts of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1 An ET shall be established by the Permit Holder no later than two weeks before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor 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 requirements as contained in the EM&A Manual approved under Condition 2.3 of 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 environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-105/2007) or this Permit. The ET Leader shall notify the Director 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 approved EIA Report (Register No. AEIAR-105/2007) or 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 A qualified ecologist(s) shall be engaged to carry out the works relating to fauna surveys, fauna translocation (if any), coral surveys and bird collision monitoring as mentioned in the EM&A Manual approved under Condition 2.3 of this Permit. The qualification and experience of the qualified ecologist(s) shall be certified by the ET Leader. The qualified ecologist(s) shall form part of the ET.

Updating of Environmental Monitoring and Audit (EM&A) Manual

2.3 The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall include the increased frequency of bird collision monitoring, the on-going searches of Bodagek’s Burrowing Lizard during construction of the Project, the surveys of coral community along coastline of Hei Ling Chau before and after the construction of the Project and the proposal of installing web cameras to provide real time monitoring of the Project. The updated EM&A Manual shall be certified by the ET Leader as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-105/2007).

Temporary Steel Platform and Enabling Works

2.4 Temporary steel platform and enabling works as shown in Figure 2 of this Permit shall be properly designed, constructed and operated for the construction of the Project. The temporary steel platform shall be located at the existing jetty within the Hei Ling Chau Typhoon Shelter and shall be constructed above the high tide level. No marine or dredging works shall be carried out for the construction of the temporary steel platform. No plantation habitat, plant species of conservation interest, protected or rare plant species shall be affected during construction and operation of the temporary steel platform and enabling works. The Permit Holder shall, no later than one month before the commencement of construction of the temporary steel platform and enabling works, deposit with the Director four hard copies and one electronic copy of design proposal showing locations and detailed design of the temporary steel platform and enabling works and locations, types and area of habitat loss due to the construction of the temporary steel platform and enabling works. Before submission to the Director, the proposal shall be certified by the ET Leader as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-105/2007).

Drainage Management Plan

2.5 Drainage management system shall be effectively designed, constructed and operated to handle construction site runoff generated from the construction sites of the Project, temporary steel platform and enabling works. Silt trap, oil interceptor and intercepting channel shall be provided in the drainage management system. The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of the drainage management plan showing the detailed design, treatment facilities, layout and capacity of the drainage management system. Before submission to the Director, the proposal shall be certified by the ET Leader as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-105/2007).

3. Submissions or Measures during the Construction of Certain Parts of the Project

Measures to Mitigate Ecological Impacts

3.1 The Project shall only be constructed and operated at the location as shown in Figure 1 of this Permit. No more than 54m x 100m of land area of the Project location shall be affected.

3.2 No plantation habitat, plant species of conservation interest, protected or rare plant species shall be affected by the Project. Fences shall be erected along the boundary of Project location before commencement of construction of the Project to prevent any encroachment onto adjacent areas. To protect the plant species of conservation interest Golden Eulophia as shown in Figure 3 of this Permit from any human disturbance during construction of the Project, fences shall be erected to separate the plant species of conservation interest Golden Eulophia from the Project location before commencement of construction of the Project.

3.3 Field survey of Common Rat Snake and Bodagek’s Burrowing Lizard before commencement of construction of the Project and on-going field surveys of Bodagek’s Burrowing Lizard during construction of the Project shall be carried out in accordance with the procedures and requirements in the EM&A Manual approved under Condition 2.3 of this Permit. If Common Rat Snake and Bodagek’s Burrowing Lizard are found in the field surveys, they shall be properly translocated to nearby suitable habitats in accordance with the procedures and requirements in the EM&A Manual approved under Condition 2.3 of this Permit. Field surveys and fauna translocation (if any) shall be carried out by the qualified ecologist as mentioned in Condition 2.2 of this Permit.

3.4 All temporary works area shall be reinstated upon completion of works.

Measures to Mitigate Landscape and Visual Impacts

3.5 Overall height of the wind turbine shall not be more than 90m.

3.6 No reflective marking or colour shall be used on the wind turbine. The marking and colour design as shown in Figure 4 of this Permit shall be used in the Project.

3.7 At least one month before commencement of the installation works of the wind turbine, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of the proposal showing the aviation marking, aviation lighting and landscape plan for the Project. The proposal shall include colour of the wind turbine, colour and design of the aviation marking used in the wind turbine, intensity, colour and design of the aviation lighting used in the wind turbine and external landscape works used in the Project location. The landscape plan shall include design details of all external hard and soft landscape works. Before submission to the Director, the proposal shall be certified by the ET Leader as conforming to the information, requirements and recommendations set out in the approved EIA Report (Register No. AEIAR-105/2007).

3.8 All recommendations in the landscape and visual proposal as referred to in the Condition 3.7 of this Permit shall be fully implemented. The Permit Holder shall, no later than three months after completion of construction of the Project, deposit with the Director four hard copies and one soft copy of as-built drawings and photo records of the Project showing the colour and design of the Project, the external hard and soft landscape works and the reinstatement works of all temporary works area.

Measures to Mitigate Water Quality Impact

3.9 No marine or dredging works shall be carried out for the Project.

3.10 All recommendations in the drainage management plan as referred to in the Condition 2.5 of this Permit shall be fully implemented.

3.11 Portable chemical toilets shall be provided on Project sites during construction of the Project. No sewage or wastewater generated by the Project shall be discharged into the streams and reservoir as indicated in the Figure 3 of this Permit.

Measures on Waste Management

3.12 No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in the ecological habitats including plantation, shrubland, abandoned wet agricultural land, streams, reservoir and rocky shore as shown in the Figure 3 of this Permit. All waste arising from the Project shall only be disposed of at the Hei Ling Chau Refuse Transfer Station.

4. Measures for the Operation of the Project

4.1 No wind turbine with maximum sound power level greater than 104dB(A) shall be installed. The wind turbine shall not have characteristics of tonality, impulseness and intermittency. The Permit Holder shall, no later than one month before the operation of the Project, deposit with the Director four hard copies and one electronic copy of the noise certificate showing the noise characteristics including maximum sound power level, tonality, impulseness and intermittency of the wind turbine.

4.2 Noise monitoring shall be carried out in accordance with the procedures and requirements in the EM&A Manual approved under Condition 2.3 of this Permit during operation of the Project for a period not less than 12 months.

4.3 Monitoring for bird collision and vantage point surveys to observe any change in flight patterns or behaviour of birds, in particular the White-Bellied Sea Eagles, during operation of the Project shall be carried out in accordance with the procedures and requirements in the EM&A Manual approved under Condition 2.3 of this Permit for a period not less than 12 months and with a frequency not less than once per week.

5. Environmental Monitoring and Audit (EM&A) for the Project

5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual approved under Condition 2.3 of this Permit. Any changes to the EM&A programme shall be justified by the ET Leader as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before their implementation.

5.2 Surveys, samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:

(a) conducting baseline environmental monitoring including surveys of coral community along coastline of Hei Ling Chau and field surveys of Common Rat Snake and Bodagek’s Burrowing Lizard before commencement of construction of the Project;

(b) conducting impact monitoring; 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 logging and keeping records of details of 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;

(d) conducting post-construction environmental monitoring including surveys of coral community along coastline of Hei Ling Chau; and

(e) conducting noise monitoring and weekly bird collision monitoring during operation of the Project for a period not less than 12 months.

5.3 Four 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 certified by the ET Leader before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.4 Four hard copies and one electronic copy of the monthly EM&A Report for construction and operation phases of the Project shall be submitted to the Director within 2 weeks after the end of the reporting month. The monthly EM&A Report shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit levels), the status of submission required under this Permit, the findings of the on-going field surveys for Bodagek’s Burrowing Lizard, the post-construction coral surveys, the types, quantities and disposal locations of all surplus excavated materials and wastes arising from the Project, the findings of operational bird collision monitoring and the results of operational noise monitoring. The submissions shall be certified by the ET Leader before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

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

5.6 To ensure a high degree of transparency regarding the monitoring data and results, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 6.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

5.7 The Permit Holder shall install and thereafter maintain a system of web cameras in accordance with the proposal contained in the EM&A Manual approved under Condition 2.3 of this Permit. The system shall provide real time visual monitoring of the site condition accessible by public through dedicated web site set up by the Permit Holder under Condition 6.2 below.

6. Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the EM&A Manual, Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 5.3 and 5.4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

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 results described in Condition 6.1 above and all submissions and all performance test data and results 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 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 data and project data including the EIA report, the environmental permit(s) and 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 work and all submissions under this permit;

(b) searching by date;

(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 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 and operation 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 and 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-256/2006

環境許可證編號EP-256/2006

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