Environmental
Permit No. EP-273 /2007
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 Water Supplies 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第10條的規定，環境保護署署長(署長)將本環境許可證批予 水務署 (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-273/2007 |
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Document
in the Register: 登記冊上的文件： |
(1)
Laying of - Environmental Impact Assessment Report - Environmental Monitoring and Audit Manual - Executive Summary Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-109/2007) 敷設由西九龍至西營盤之西區過海海底水管及與其相關的地下喉管 -
環境影響評估報告 -
環境監察與審核手冊 -
行政摘要 下稱“環評報告”（登記冊編號AEIAR-109/2007） |
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(2) The Director’s letter of approval of the
EIA Report dated 署長於2007年 7月 31 日發出批准環評報告的信件檔案編號 (11) in EP2/G/E/ |
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(3)
Application for Environmental Permit received
on 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 |
Laying of Western Cross Harbour Main and Associated Land
Mains from [本指定工程項目下稱「工程項目」] |
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Nature
of Designated Projects |
Construction
and operation of a submarine water supply pipeline with a diameter of 建造和營運一條直徑 |
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Location
of Designated Project 指定工程項目的地點 |
The submarine water
main is to laid across the 海底供水管道橫越維多利亞港， 由西九龍敷設至西營盤。參看圖1。 |
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Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
Trench
excavation by grab dredger and install a submarine water main of 工程主要涉及以抓斗挖掘管槽，敷設一條直徑 |
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 (EIA) 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 (a) constitute any ground of defence against any proceedings instituted
under any legislation or (b) 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 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 EIA Ordinance Register Office.
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 / or operation of the Project and shall mean the same
hereafter.
1.5
The Permit Holder shall display conspicuously a
copy of this Permit on the Project site(s) at all vehicular site
entrances/exits or at a convenient location for public information at all
times. The Permit Holder shall ensure
that the most updated information about the Permit, including any amended
permit, is displayed at such locations. If the Permit Holder surrenders a part
or the whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied
or cancelled Permit shall be removed from display at the Project site(s).
1.6
The Permit Holder
shall construct and operate the Project in accordance with the project
description in Part B of this Permit.
1.7
The Permit Holder shall ensure that the Project
is designed, constructed and operated in accordance with the information and
all recommendations described in the EIA Report (EIAO
Register No. AEIAR-109/2007); 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 (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
The Permit Holder
shall notify the Director in writing the commencement date of construction of
the Project no later than one week 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. Specific
Conditions
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
2.1 An Environmental Team (ET) shall be established by the Permit Holder no later
than two weeks before 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 requirements as
contained in the EM&A Manual (Register No. AEIAR-109/2007) of the
Project. 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 environmental impact assessment and each
and every non-compliance with the recommendations of the approved EIA Report
(Register No. AEIAR-109/2007) 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 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-109/2007) 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 An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no
later than two weeks 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 (Register No. AEIAR-109/2007) of the Project and shall audit the overall
EM&A programme, 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 approved EIA Report (Register No. AEIAR-109/2007) or 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, no
later than 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
The Permit Holder shall set up and operate a Community Liaison Office
throughout the construction of the Project to receive and respond to complaints
or enquires on environmental nuisances or pollution caused by the Project and
to implement remedial mitigation measures.
Measures for Mitigating Water Quality Impact
2.5 Dredging
work shall be undertaken by no more than one grab dredger and the
dredging rate shall not exceed 4,000
cubic
metre per day at all time throughout the dredging work.
2.6 Frame
type silt curtain with typical configuration as shown in Figure
2 of this Permit shall
be deployed to fully enclose the grab at all time when dredging work is in
progress. This
frame type silt curtain shall be designed to enclose local sources of water pollution
caused by the grab dredger. The silt curtain shall be suspended by a steel frame mounted on the
grab dredger and be floating on water. The silt curtain shall be fabricated from permeable, durable,
abrasive resistance membrane like geo-textiles and mounted on a floating boom
structure. The frame type silt curtain shall also extend to the seabed to cover
the entire water column. Steel
chain or ballast shall be attached to the bottom of the silt curtain.
2.7 The Permit Holder shall liaise with the owner and
the operator of the Kowloon South Salt Water Pumping Station as
shown in Figure 1 of this
Permit to install a silt screen at the seawater intake. The silt screen
shall be installed with typical configuration as shown in Figure 2
of this Permit. The silt screen shall be
installed before the commencement of any dredging work and be
properly maintained at all time throughout the dredging work.
3. Environmental Monitoring and Audit (EM&A) Requirements
3.1 The EM&A programme of
the Project shall be
implemented in accordance with the procedures and requirements as set out in
the EM&A Manual (Register No. AEIAR-109/2007) of the
Project. Any change to the
EM&A requirements or programme shall be justified by the ET Leader and verified by the IEC as conforming to the
requirements set out in the EM&A Manual and shall seek the prior approval
from the Director before implementation.
3.2 Four hard copies and one
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least one week before the commencement of construction. The
submissions shall be certified by the ET Leader and verified by the IEC as
complying with the
requirements as set out in the EM&A Manual before submission to the
Director. Additional copies of the submission shall be provided upon request by
the Director.
3.3 Four hard copies and one
electronic copy of the monthly EM&A Reports for the construction stage
shall be submitted to the Director within two weeks after the end of the
reporting month. The monthly EM&A Reports shall include a summary of all
non-compliance with the recommendations in the EIA Report or this Permit. The
submissions shall be certified by the ET Leader and verified by the IEC as
complying with the
requirements as set out in the EM&A Manual before submission to the
Director. Additional copies of the submission shall be provided upon request by
the Director.
3.4 All environmental
monitoring and audit results submitted under this Permit shall be true, valid
and correct.
3.5 Any necessary remedial
measures and actions as described in the EM&A Manual shall be fully and
properly carried out, in accordance with the time frame(s) set out in the
EM&A Manual, or as agreed by the Director.
4. Electronic Reporting of EM&A
Information
4.1 To facilitate
public inspection of the 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 3.2 and 3.3 of this
Permit. For the HTML version, a content page capable of providing hyperlink to
each section and sub-section of 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.
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.
Environmental Permit No. EP-273/2007
環境許可證編號EP-273/2007