Environmental Permit No. EP-445/2013

環境許可證編號EP-445/2013

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

環境影響評估條例

(499)

10

 

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 (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 Civil Engineering and Development Department (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions described in or attached to 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)10條的規定,環境保護署署長(署長)將本環境許可證批予土木工程拓展署 (下稱許可證持有人)以建造及營辦B所說明的指定工程項目,但須遵守C所說明或附載的條件。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:-

 

Application No.

申請書編號

AEP-445/2012

Document in the Register

登記冊上文件

(1)  Kai Tak Development – Infrastructure at Former Runway and Remaining Areas of North Apron and Improvement of Adjacent Waterways – Design and Construction (Register No.: AEIAR- 170/2013):

-          Environmental Impact Assessment Report for Kai Tak Development – Roads D3A & D4A (December 2012) [Hereinafter referred to as the “EIA Report”]

-          Environmental Monitoring and Audit Manual for Kai Tak Development – Roads D3A & D4A (December 2012) [Hereinafter referred to as the “EM&A Manual”]

-          Environmental Impact Assessment Executive Summary for Kai Tak Development – Roads D3A & D4A (December 2012)

啟德發展計劃前跑道及北停機坪餘下部份的基礎設施與毗連水道改善設計與建造 (登記冊編號: AEIAR- 170/2013)

-          啟德發展計劃道路D3A & D4A環境影響評估報告 (201212) [下稱「環評報告」]

-          啟德發展計劃道路D3A & D4A環境監察審核手冊 (201212) [下稱「環監手冊」]

-          啟德發展計劃道路D3A & D4A環境影響評估行政摘要 (201212)

 

(2)  The Director’s letter of approval of the EIA report dated 3 May 2013 referenced (20) in Ax(2) to EP2/K19/10 Pt.2

        署長於201353發出批准環評報告的信件,檔案編號: (20) in Ax(2) to EP2/K19/10 Pt.2

 

Document in the Register

登記冊上文件

(3)  Application for an Environmental Permit submitted by the Permit Holder on 31 December 2012 (Application No.: AEP-445/2012)

        許可證持有人於20121231提交的環境許可證申請 (申請書編號: AEP-445/2012)

 

 

 

 

 

 

                                3 May 2013

                              201353

Date

日期

 

(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 )

 


PART B ( DESCRIPTIONS OF DESIGNATED PROJECT(S))

B(指定工程項目的說明)

 

            Hereunder is the description of the designated project(s) 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所提及的指定工程項目的說明: 

          

Title of Designated Project(s)

指定工程項目的名稱

Kai Tak Development – Roads D3A & D4A

[This designated project is hereinafter referred to as "the Project"]

啟德發展計劃道路D3A & D4A
[
本指定工程項目下稱工程項目]

 

Nature of Designated Project(s)

指定工程項目的性質

 

District distributor roads.

地區幹路道路。

 

Location of Designated Project(s)

指定工程項目的地點         

The Project is located within the Runway Precinct of the Kai Tak Development. The location of this Project is shown in Figure 1 attached to this Permit.

工程項目位於啟德發展計劃跑道休閒區上。工程項目的位置見載於本許可證夾附的1

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

 

Construction and operation of the following key elements:

(a)  Road D3A – a dual 2-lane district distributor roads of approximately 1.4 km long; and

(b)  Road D4A – a dual 2-lane district distributor roads of approximately 0.1 km long.

建造及營辦以下的主要部份:

(a)   D3A道路1.4千米長的雙程分隔地區幹路道路;及

(b)   D4A道路0.1千米長的雙程分隔地區幹路道路。

 

 


PART C (PERMIT CONDITIONS)

C (許可證條件)

 

1.         General Conditions

            一般條件

 

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 (EIAO) (Cap. 499) and may become the subject of appropriate action being taken under the EIAO.

 

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), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise Control Ordinance (Cap. 400). 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 and 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 in 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 EIA Report, the application documents for environmental permit, 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 as specified by the Director.

           

 

1.9        All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit.  Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.

 

1.10      The Permit Holder shall release all 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 1.3 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.

 

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 operation.

 

 

2.         Specific Conditions

           

            Submission and/or 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 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 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 compliance with the recommendations of the EIA Report 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 EIA Report and this Permit or by the Director or his authorized officers.  Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

 

2.2               An 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 Manual of the Project and shall audit the overall EM&A performance, 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, 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 EIA Report 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 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. 

 

Management Organization of Main Construction Companies

 

2.3               The Permit Holder shall, no later than two weeks 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.

 

Submission of Design Drawing of the Project

 

2.4               The Permit Holder shall, no later than one month before the commencement of the construction works of the Project, deposit four hard copies and one electronic copy of design drawing(s) of the Project with scale of at least 1:1000.

 

Submission of Landscape Mitigation Plan of the Project

 

2.5               The Permit Holder shall, at least one month before the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of a Landscape Mitigation Plan(s). The Landscape Mitigation Plan(s) shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations of landscape and visual mitigation measures contained in EIA Report as detailed in Table 1 of this Permit.

 

Measures to be Implemented Before and During Construction of the Project

 

Measures for Mitigating Landscape and Visual Impact during construction of the Project

 

2.6               Decorative mesh screens or construction hoardings in visually unobtrusive colour shall be erected around work areas before commencement of construction and shall be properly maintained throughout the construction period.

 

2.7               All lights shall be hooded to control night-time lighting and glare during construction of the Project.

 

Submissions and/or Measures to be Implemented Before and During Operation of the Project

 

Measures and Submission for Mitigating Landscape and Visual Impact during operation of the Project

 

2.8               The landscape and visual mitigation measures shall be implemented in accordance with the recommendations of the Landscape Mitigation Plan(s) deposited under Condition 2.5 above. The Permit Holder shall, at least one month before the commencement of operation of the Project, deposit with the Director four hard copies and one electronic copy of the As-Built Drawing(s) of the Project, which shall be certified by the ET Leader and verified by the IEC as conforming to the recommendations of the Landscape Mitigation Plan(s) deposited under Condition 2.5 above. The landscape and visual mitigation measures shall be properly maintained during operation of the Project.

 

Measures for Mitigating Noise Impact during operation of the Project

 

2.9               To mitigate traffic noise impact arising from the Project, the Permit Holder shall implement all noise mitigation measures as shown in Table 2 and Figures 2 & 3a to 3f of this Permit before commencement of operation of the Project or population intake of any residential uses in the Runway Precinct of the Kai Tak Development, whichever is later. All noise mitigation measures implemented shall be properly maintained during operation of the Project.

 

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. 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 relevant 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 monthly EM&A Report shall be submitted to the Director within 10 working days after the end of each reporting month. The EM&A Reports shall include a summary of all non-compliance. 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 to the Director upon request by the Director.

3.3               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 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 Condition 3.2 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. 

 

 

 

Table 1 -  Landscape and visual mitigation measures (referred in Condition 2.5)

 

 

Type of Mitigation Measures

(a)

All above ground structures shall be sensitively designed with regard to the form, material and finishes and shall respond to the existing and planned urban context.

(b)

Streetscape elements shall be sensitively designed in a manner that responds to the existing and planned urban context.

(c)

Attractive soft landscape in areas adjoining any visible structures such as tall buffer screen tree/shrub/ climber planting, vertical greening and roof greening where appropriate should be incorporated so as to provide a visual softening and greening effect and soften hard engineering structures and facilities.

(d)

Structure, ornamental tree/shrub/climber planting should be provided along roadside amenity strips to enhance the townscape quality, where space is available.           

(e)

Appropriate design of street lighting to avoid glare and light pollution to surrounding areas.

(f)

Avoidance of excessive height and bulk of the associated landscaped deck to the central boulevard.

(g)

Elegant engineering design, sensitive architectural and chromatic treatment and generous planting of the associated landscaped deck to the central boulevard. The form, color and surface detailing of these structures should be carefully considered to reduce their apparent height and bulk (visual weight).

(h)

Sensitive design of noise barriers & enclosures with greening (screen planting/ climbers/ green roofs) and chromatic measures.

(i)

Compensatory tree planting for felled trees.

Remarks:

1.        This table is produced according to the Table 9.1 of the EIA Report.

 

 

Table 2 - Noise mitigation measures to mitigate traffic noise impact (referred in Condition 2.9)

 

 

Type of Mitigation Measures

Approximate Length

Location

(a)

Landscaped Deck

1400 m

Along Roads D3A & D4A

(b)

Vertical noise barrier connected to the landscaped deck

1090 m

Along Roads D3A & D4A

(c)

2m high overhang vertical noise barrier connected to the landscaped deck

60 m

Along Road D4A

(d)

Staircases with noise barriers

N.A.

Next to Sites 4A1 and 4B1

Remarks:

1.        This table is produced according to the Table 9.1 of the EIA Report.

2.        This table is to be read in conjunction with Figures 2 & 3a to 3f of this Permit.

 


Notes:
:

 

1.         This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project(s)) and Part C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the EIAO, and the following notes are for general information only.

本許可證共有3部,即A (許可證主要部分)B (指定工程項目的說明) C (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見,下述註解只供一般參考用。

 

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.

如違反本許可證的任何條件,署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程,直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下,許可證持有人未經署長或獲授權人員同意,不得進行任何相關工程。

 

3.         The Permit Holder may apply under Section 13 of the EIAO 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.

            許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。

 

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 EIAO to the Director for a further environmental permit.

            承擔工程項目整項或部分工程的責任的人,在承擔責任之前,可根據環評條例第12條的規定向署長申請新的環境許可證。

 

5.         Under Section 14 of the EIAO, 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 Project site.

根據環評條例第14條的規定,署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下,不再展示。

 

6.         If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued.  It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回,則在繼續進行工程項目之前,必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定,任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2I部所列明的指定工程項目,即屬犯罪。

 

7.         Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable:

如任何人在違反本許可證的條件下建造或營辦工程項目,根據環評條例,即屬犯罪-

 

(i)                  on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

一經循公訴程序首次定罪,可處罰款200萬元及監禁6個月;

(ii)                 on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

一經循公訴程序第二次或其後每次定罪,可處罰款500萬元及監禁2年;

(iii)               on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

一經循簡易程序首次定罪,可處第6級罰款及監禁6個月;

(iv)               on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

一經循簡易程序第二次或其後每次定罪,可處罰款100萬元及監禁1年;及

(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.

在任何情況下如該罪行屬連續性質,法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。

 

8.         The Permit Holder may appeal against any condition of this Permit under Section 17 of the EIAO within 30 days of receipt of this Permit.

許可證持有人可在接獲本許可證後30天內,根據環評條例第17條就本許可證的任何條件提出上訴。

 

9.         The Notes are for general reference only and that the Permit Holder should refer to the EIAO for details and seek independent legal advice.

上述註解只供一般參考用,欲知有關詳情,許可證持有人須參閱環評條例及徵詢獨立法律意見。

 

 

Environmental Permit No. EP-445/2013

環境許可證編號EP-445/2013

 

| Figure 1 | Figure 2 | Figure 3a | Figure 3b | Figure 3c | Figure 3d | Figure 3e | Figure 3f |

 


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