Environmental Permit No. EP-416/2011
環境許可證編號 EP-416/2011
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT
DESIGNATED
PROJECTS
建造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 (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 the designated projects 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香港鐵路有限公司(下稱 “許可證持有人”)，以建造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：
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Application No. 申請書編號 |
AEP-416/2011 |
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Document in the Register : 登記冊上的文件: |
1.
Shatin
to Central Link - Protection Works at Causeway Bay Typhoon Shelter (Register No.: AEIAR-159/2011) -
Environmental Impact Assessment Report (November 2010)
[Hereinafter referred to as
the “EIA Report”] -
Environmental Monitoring and Audit Manual -
Executive Summary 2.
The
Director’s letter of approval of the EIA Report dated 25 February 2011 referenced
(24) in AX(5) to EP2/G/A/124 Pt.2 3.
Application
for Environmental Permit and attachments submitted by the Permit Holder on 14
March 2011 (Application No.: AEP-416/2011) 1. 沙田至中環綫位於銅鑼灣避風塘內之保護工程(登記冊編號:AEIAR-159/2011) ·
環境影響評估報告(2010年11月) [下稱「環評報告」] ·
環境監察審核手冊 ·
行政摘要 2. 署長於2011 年2月25日發出批准環評報告的信件，檔案編號: (24) in AX(5) to EP2/G/A/124
Pt. 2 3.
許可證持有人於2011 年3 月14 日提交的環境許可證申請文件及附件(申請書編號: AEP-416/2011) |
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4 April 2011 |
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Date 日期 |
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(Mr. Ken Y.K.WONG) Principal Environmental Protection
Officer for Director of Environmental
Protection 環境保護署署長 (首席環境保護主任黄耀光代行) |
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PART B
(DESCRIPTION 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 |
Shatin
to Central Link - Protection Works at Causeway Bay Typhoon Shelter (CBTS) (This
designated project is hereinafter referred to as “the Project”) 沙田至中環綫 - 銅鑼灣避風塘保護工程 (這指定工程項目以下稱“工程項目”) |
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Nature of Designated Projects 指定工程項目的性質 |
Dredging
operation which is less than 100m from seawater intake points ; 距離海水進水口少於100米的挖泥作業 |
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Location of Designated Projects 指定工程項目的地點 |
The location of the Project is shown
in Figure 1 of this Permit. (i) Temporary
reclamation works (including associated dredging works) within Causeway Bay
Typhoon Shelter; 工程項目的地點展示於本許可證圖1內。 (i) 銅鑼灣避風塘內臨時填海工程及相聯挖泥工程。 |
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Scale and Scope of Designated Projects |
The scope of the Project includes: (i)
temporary reclamation works with total
reclamation area of approximately 0.4 ha. in Causeway Bay Typhoon Shelter; (ii) dredging
of around 1 ha at the southeast corner of the Causeway Bay Typhoon Shelter; (iii) construction
of a section of tunnel structure (approximately 160m long) above the proposed
Central Wan Chai Bypass; (iv) relocation
of the temporary Royal Hong Kong Yacht Club (RHKYC) jetty; and; (v) removal
of the temporary reclamation. 工程項目的範圍包括: (i) 位於銅鑼灣避風塘，總填海面積約0.4公頃的臨時填海工程; (ii) 在銅鑼灣避風塘東南角進行面積約1公頃的挖泥工程; (iii) 在銅鑼灣避風塘內擬建的中環灣仔繞道之上，建造一段離岸的雙軌鐵路隧道結構（長約160米）; (iv) 把位於中環灣仔繞道臨時填海區內的香港遊艇會臨時碼頭遷移至一個新地點; (v) 清除臨時填海區。 |
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution
Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), Dumping at
Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 this 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 construction site(s) at all
vehicular site entrances/exits or at a convenient location for public’s
information at all times. The Permit Holder shall ensure that the most updated
information about the Permit, including any amended Permit, is displayed at
such locations. If the Permit Holder surrenders a part or the whole of this
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 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 and constructed in accordance with the information and
recommendations described in the approved EIA Report (Register No. AEIAR-159/2011),
the Application for Environmental Permit (Application No. AEP-416/2011) 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 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
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 date of construction of the Project no
later than one month prior to the commencement of construction of the Project.
The Permit Holder shall notify the Director in writing immediately if there is
any change of the commencement date of the construction.
1.13
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
Special Conditions
Submissions or Measures to be implemented before Construction of the
Project
Employment of Environmental Monitoring
and Audit (EM&A) Personnel
Environmental Project Committee (ENPC)
(a) the ET Leader;
(b) the IEC; and
(c) the permit holders of any environmental permit(s) and further environmental permit(s) for the Project, the CWB project, the WDII project and other relevant nearby projects.
The Community Liaison Group formed under Condition 2.4 of this Permit shall also work under the ENPC set-up to facilitate any necessary liaison works to address potential cumulative environmental impact issues arising from the Project, the CWB project, the WDII project and other relevant nearby projects. The ENPC shall make recommendation to enhance the monitoring and audit of the environmental performance of the Project, the CWB project, the WDII project and other relevant nearby projects on top of requirements as set out in Conditions 3.1 to 4.3 of this Permit or corresponding requirements set out under subsequent Environmental Permits issued for the Project, the CWB project, the WDII project and other relevant nearby projects.
The Permit Holder shall notify the Director the actual date of setting up the ENPC, the membership, the terms of reference and the contact details.
Community Liaison Group
Management Organization of Main
Construction Companies
2.5 The Permit Holder shall, no later than one month before the commencement of construction of the works covered by this Permit, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction works of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
Submission of Works Schedule and Location Plans
2.6 The dredging and reclamation works of the Project will be carried out in stages. The Permit Holder shall deposit a detailed works schedule and location plans in the scale of 1:1,000 or other appropriate scale of the Project to the Director at least two weeks before the commencement of the marine works of the Project. The schedule shall include an updated works programme indicating dates of commencement of construction activities, dredging and filling works with reference to the locations as shown in Figure 2 of this Permit.
Submission of Silt Curtain Deployment Plan
2.7 At least two weeks prior to the commencement of the marine works, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of a silt curtain deployment plan. The silt curtain deployment plan shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendation contained in the approved EIA Report (Register No: AEIAR-159/2011). In particular, silt curtains shall be deployed for dredging and reclamation area inside CBTS as shown in Figure 2 of this Permit. The silt curtain deployment plan shall include plans showing the construction programme and details on the design, operation and maintenance requirements of the silt curtain(s) including but not limited to deployment of silt curtain(s) for dredging and filling works as recommended in the approved EIA Report (Register No: AEIAR-159/2011) and the relevant documents in the EIAO Register. The typical configuration of silt curtain is shown in Figure 3 for reference only. All mitigation measures recommended in the silt curtain deployment plan shall be fully and properly implemented throughout the construction period.
Submission of Silt Screen Deployment Plan
2.8 The Permit Holder shall liaise with the owners and the operators of the two seawater intakes for the Excelsior Hotel, World Trade Centre, no. 27- 63 Paterson Street as well as Windsor House as shown in Figure 1 of this Permit on details of silt screen installation, maintenance and removal at the seawater intakes. At least two weeks prior to the commencement of the marine works, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of a silt screen deployment plan to provide details of the design, operation and maintenance requirements of the silt screen systems. The silt screen deployment plan shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendation contained in the approved EIA Report (Register No: AEIAR-159/2011) and liaison results with the owners and the operators of the seawater intakes. The typical configuration of silt screen is shown in Figure 3 for reference only. Silt screens shall be installed at seawater intakes prior to the commencement of the corresponding marine works in the vicinity as presented in the finalised silt screen deployment plan. To avoid refuse entrapment and to ensure representative impact monitoring results, silt screens shall be maintained and refuse around them shall be collected on a daily basis so that water behind the silt screens will be kept free from floating debris during the construction period.
Measures
and Submissions to be Implemented during Construction of the Project
Measures to Mitigate
Water Quality Impact
2.9 To mitigate water quality impact arising from dredging works:
(a) no more than two dredgers with closed grab (of about 8 m3 capacity each) shall be operated for dredging within the CBTS at any time for the Project. The Permit Holder shall liaise with other contractors within CBTS through the ENPC set up under Condition 2.3 of this Permit to ensure that the combined dredging rate for all concurrent dredging works to be undertaken within the CBTS shall not exceed 6,000 m3 per day throughout the entire construction period;
(b) temporary seawalls shall first be formed to enclose each phase of the temporary reclamation. Installation of diaphragm wall on temporary reclamation as well as any bulk filling shall proceed behind the completed seawall, which shall be constructed to a height above the high water mark;
(c) demolition of temporary reclamation, including the demolition of the diaphragm wall, and dredging to the existing seabed levels shall also be carried out behind the temporary seawall;
(d) temporary seawall shall be removed after completion of all excavation and dredging works for demolition of the temporary reclamation;
(e) silt curtains shall be deployed to fully enclose the closed grab dredger during any dredging operation;
(f) silt screen shall be deployed to protect the cooling water intakes within the CBTS throughout the construction period;
(g) any gaps in the seawall that may need to be provided for marine access shall be shielded by silt curtains to control sediment plume dispersion away from the site.
Measures for Waste
Management
2.10 The Permit Holder shall collect and remove floating refuse at regular intervals on a daily basis to keep the water within the site boundary and the neighbouring water free from floating refuse.
Measures to Mitigate Construction
Dust
2.11 To reduce emission of fugitive dust from the Project site during construction period, the Permit Holder shall implement the following mitigation measures:
(a) ensure that all exposed soil surfaces are kept wet by watering at least once every working hour and in any event not less than 8 times per working day on all exposed soil surfaces within the Project site and associated work areas throughout the construction period; and
(b) ensure that all exposed soil surfaces in the southwest retained area of temporary reclamation, as indicated in Figure 1, are covered with impervious sheeting and/or paved with concrete hardstanding or equivalent once the filling work in the temporary reclamation is completed.
3
Environmental Monitoring and
Audit Requirements
3.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR – 159/2011). Any major changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval. The EM&A programme shall include, among other items, the monitoring of water quality, air quality, construction noise, waste management and regular site inspection during construction period in accordance with the requirements in the approved EM&A Manual. The EM&A programme shall also include monitoring of the potential odour nuisance arising from accumulation of pollutants discharged from the polluted storm culverts within any temporary embayment formed from the temporary reclamations. For this purpose, the EM&A programme shall include:
(a) monitoring the Dissolved Oxygen (DO) levels at designated marine water quality monitoring stations as set out in the EM&A Manual during the construction period;
(b) implementing additional improvement measures (e.g. use of aeration method to improve the DO levels in the marine embayment) in case of oxygen depletion (i.e. DO level <2 mg/L) detected within CBTS.
3.2 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;
(b)
conducting
impact monitoring;
(c)
carrying out
remedial actions described in Event/Action Plans of the EM&A Manual (Register
No. AEIAR – 159/2011) in accordance with the time frames set out in
Event/Action Plans, or as agreed by the Director, in case where specified
criteria in the EM&A Manual are exceeded; and
(d)
logging and
keeping records of details of (a) to (c) above for all parameters within 3
working days of 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.
3.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4
Electronic Reporting of
EM&A Information
4.1 To facilitate public inspection of the Baseline Monitoring Report and regular EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Conditions 3.3 and 3.4 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 hardcopies.
4.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, 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. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via a dedicated web site to be set up by the Permit Holder in the shortest practicable time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
4.3 The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring and project data including the approved EIA Report and the environmental permit(s) and the project profile of the Project. The Internet website shall have features capable of:
(a)
providing
access to all environmental monitoring data collected since the commencement of
works;
(b)
searching
by date;
(c)
searching
by types of monitoring data (noise, water and air quality); and
(d)
hyperlinks
to relevant monitoring data after searching;
or
otherwise as agreed by the Director.
Notes :
1.
This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Projects) 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, 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(s) may, before he assumes responsibility of the
designated project(s), 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, 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 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 or operate a designated project listed in
Part I of schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who constructs
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-416/2011
環境許可證編號 EP-416/2011
| Figure 1 | Figure 2 | Figure 3 |
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