Environmental Permit No. EP-440/2012
環境許可證編號 EP-440/2012
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第 10 條
ENVIRONMENTAL PERMIT
TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance
(the Ordinance), the Director of Environmental Protection (the Director) grants
this environmental permit to MTR CORPORATION LIMITED (hereinafter
referred to as the “Permit Holder”) to construct and operate the designated project described in Part B subject to
the conditions specified in Part C. The issue of this
environmental permit is based on the documents, approvals or permissions
described below:
根據《環境影響評估條例》(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-440/2012 |
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Document in the Register: 登記冊上的文件： |
(1) Project Profile – (1) 工程項目簡介 –
港鐵尖沙咀站加拿分道行人隧道及出入口修改工程 (登記冊檔號:
PP-462/2012) (2) The Director’s letter of
permission to apply directly for environmental permit dated 11 May 2012
[Ref.: (14) in EP2/K1/A/ (2) 署長於 (3) Application for Environmental Permit
submitted by the Permit Holder on 25 June 2012 (Application No. AEP-440/2012) (3) 許可證持有人於 |
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18 July 2012 |
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Date 日期 |
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(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 黃耀光代 行) |
PART B (DESCRIPTIONS OF
DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description
of the designated project mentioned in 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 Project 指定工程項目的名稱 |
[This designated project is hereinafter
referred to as “the Project”] 港鐵尖沙咀站加拿分道行人隧道及出入口修改工程 [這指定工程項目下稱 “工程項目”] |
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Nature of Designated Project |
Construction
and operation of the Project constituting material change to MTR Tsim Sha
Tsui Station of the Tsuen Wan Line 建造及營辦工程項目對港鐵荃灣綫的尖沙咀站構成實質改變 |
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Location of Designated Project 指定工程項目的地點 |
Tsim Sha Tsui. The
location of the Project is shown in Figure
1 attached to this Permit. 尖沙咀。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 指定工程項目的規模和範圍 |
The scope of
the Project includes: (i)
Construction and operation of a pedestrian subway of approximately 80 metres in length underneath (ii)
Modification of the existing MTR Tsim Sha Tsui
Station Entrance D1 and Entrance D2 at Carnarvon Road, and operation of the modified
Entrance D1 and Entrance D2; (iii)
Construction and operation of an underground
integrated station Entrance D3 at the interface of the pedestrian subway and
basement level B2 of the K11 Art Mall; (iv)
Construction and operation of an underground plant room beneath the pedestrian subway |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
工程項目的範圍包括： (i)
興建和運作一條沿加拿分道地底，約 (ii)
修改加拿分道現有港鐵尖沙咀站D1及D2出入口，及運作修改後的D1及D2出入口； (iii)
興建和運作在行人隧道與K11購物藝術館地庫B2層的交界處的一個地下綜合車站D3出入口； (iv)
興建和運作在行人隧道之下的一個地下機房； |
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-462/2012), the application document
for environmental permit, other relevant documents in the Register, the
information or 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
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 to the Director, all submissions deposited without comments by the
Director, and all submissions rectified in accordance with comments by the
Director under this Permit shall be construed as part of the permit conditions
described in Part C of this Permit. Any variation of the
submissions shall be approved by the Director in writing or as prescribed in
the relevant permit conditions. Any non-compliance with the submissions may
constitute a contravention of the Environmental Impact Assessment Ordinance.
All submissions or any variation of the submissions shall be certified by the
Environmental Team (ET) Leader and verified by the Independent Environmental
Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to
the Director under this Permit.
1.10 The
Permit Holder shall release all finalised submissions as required under this
Permit, to the public by depositing copies in the Environmental Impact
Assessment Ordinance Register Office, or in any other places, or any internet
websites as specified by the Director, or by any means as specified by the
Director, for public inspection. For this purpose, the Permit Holder shall
provide sufficient copies of the submissions.
1.11 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project 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.
1.12 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 1.3
or later), unless otherwise agreed by the Director and shall be submitted at
the same time as the hard copies.
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.
1.14 The Permit
Holder shall notify the Director in writing the commencement date of operation
of the Project no later than one month prior to the commencement of operation
of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date of the operation.
2.
Specific Conditions
Submission and Measures before Commencement of Construction of the Project
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 one month before the commencement of construction of the Project.
The ET shall not be in any way an associated body of 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 EM&A
requirements as contained in the EM&A Plan in the Project
Profile
(Register No. PP-462/2012) of the Project. The ET
Leader shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the Project Profile (Register No.
PP-462/2012) and 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 Project
Profile
(Register No. PP-462/2012) 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 Plan in the Project Profile (Register No.
PP-462/2012) 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 one month 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 Plan in the Project Profile (Register No. PP-462/2012)
and shall audit the overall EM&A performance, including the implementation
of all environmental mitigation measures, submissions required in the EM&A
Plan in the Project Profile (Register No. PP-462/2012), 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 Project
Profile
(Register No. PP-462/2012) and 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 Plan
in the Project Profile (Register No. PP-462/2012) 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.
Management
Organization of Main Construction Company
2.3 The Permit Holder shall, at least two weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction company and/or any form of joint venture 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.
Measures to be
Implemented during Construction Stage
Measures for Mitigating
Construction Dust and Construction Noise Impacts
2.4 Decking shall be provided to cover the works site (as shown in Figure 1 of this Permit) subsequent to the completion of surface excavation works to mitigate construction dust and construction airborne noise impacts from the construction works under the decking.
2.5 Only
the quiet type of the construction plant with Sound Power Level (SWL) not exceeding the value recommended
in the Project Profile (Register No. PP-462/2012) as listed below shall be used
to minimize construction noise impact:
(i)
Mobile
crane with SWL not exceeding 102dB(A);
(ii)
Excavator
with SWL not exceeding 103dB(A);
(iii)
Generator
with SWL not exceeding 79dB(A);
(iv)
Road
roller with SWL not exceeding 99dB(A)
2.6
The following mitigation measures recommended in the Project Profile
(Register No. PP-462/2012) shall be implemented to impede construction noise
transmission from the powered mechanical equipments (PMEs) listed below to
noise sensitive receivers being protected:
(i)
Movable noise barriers, with surface mass of at
least
(ii)
Noise
enclosures, with surface mass of at least
The locations, length and height of the noise barriers and noise
enclosures shall be adjusted such that no part of the noise source shall be
visible from the noise sensitive receiver being protected.
2.7 No explosive shall be used for
excavation and tunnelling works of the Project.
Submission and
Measure for Operation of the Project
Submission and Measure for Mitigating Operation
Noise Impact
2.8 At least
one month before commencement of operation of the Project, the Permit Holder
shall carry out fixed plant noise audit and deposit with the Director three
hard copies and one electronic copy of audit report showing that the design of
the fixed plant noise sources associated with the Project complies with the
maximum sound power levels (SWLs) determined in the Project Profile (Register No. PP-462/2012). The
audit report shall also confirm that noise emitted from the fixed noise sources
shall be free of the characteristics of tonality, impulsiveness and
intermittency. The audit report shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations
contained in the Project
Profile (Register No. PP-462/2012).
3. Environmental
Monitoring and Audit (EM&A) during the Construction Period
3.1
The EM&A programme shall be implemented
in accordance with the procedures and requirements as set out in the EM&A Plan in the Project Profile
(Register No. PP-462/2012). Any 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
Plan
before submission to the Director for approval.
3.2 Samples, measurements and necessary remedial actions shall be taken in
accordance with the requirements of the EM&A Plan in the Project Profile
(Register No. PP-462/2012) by:
(a)
conducting baseline
environmental monitoring;
(b)
conducting impact
monitoring;
(c)
carrying out remedial
actions described in the Event/Action Plans of the EM&A Plan 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 Plan are exceeded;
and
(d)
logging and keeping
records of details of (a) to (c) above for 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.
3.3 Three hard copies and one electronic copy of the Baseline Monitoring Report shall
be submitted to the Director at
least two weeks before commencement of
construction of the Project. The submission shall be certified by the ET Leader
and verified by the IEC as complying with the requirements as set out in the
EM&A Plan in the Project Profile
(Register No. PP-462/2012) before submission to the Director. Additional copies of the submission shall be provided to the Director
upon his request.
3.4 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 a summary of all
non-compliance (exceedances) of the environmental quality performance limits
(Action and Limit Levels). 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 Plan in the Project Profile
(Register No. PP-462/2012) before submission to the Director. Additional copies of the submission shall be provided to the Director
upon request by the Director.
3.5 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
3.6 The procedures set out in the EM&A Plan
in the Project Profile (Register No. PP-462/2012) shall be followed in handling
complaints during construction of the Project.
4. Electronic Reporting of EM&A
Information
4.1 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 1.3 or later), unless otherwise
agreed by the Director and shall be submitted at the same time as the hard
copies as described in Conditions 3.3 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 hard copies.
4.2 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 data described in Condition 4.1 above
shall be made available to the public via the dedicated web site to be set up
by the Permit Holder in the shortest possible time and in no event later than 2
weeks after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director. The Permit Holder shall
maintain the dedicated website for public access of the environmental
monitoring data and reports throughout the entire construction period and
during the first six months of operation of the Project, or otherwise as agreed
by 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 environmental permit and the project profile of the
Project. The Internet website shall have features capable of:
(a)
providing
access to all environmental monitoring data of this Project collected since the
commencement of construction;
(b)
searching
by date;
(c)
searching
by types of monitoring data (noise 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 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,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit
Holder shall not carry out any associated works without the permission of the
Director or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the construction site by the amended permit.
4. A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under Section 12 of the Ordinance to the Director for a further environmental
permit.
5. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the construction or operation of the Project could be continued. It is
an offence under Section 26(1) of the Ordinance to construct or operate a
designated project listed in Part I of Schedule 2 of the Ordinance without a
valid environmental permit.
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable: -
(i)
on a first conviction on
indictment to a fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
(iii)
on a first summary
conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent
summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the
offence is of a continuing nature, the court or magistrate may impose a fine of
$10,000 for each day on which he is satisfied the offence continued.
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-440/2012
環境許可證編號 EP-440/2012
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