Environmental Permit No. EP-513/2016

                                                           環境許可證編號 EP-513/2016

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

環境影響評估條例

(第499章)

第10條

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A部 (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the 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 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土木工程拓展署(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：-

 

 

Application No.

申請書編號

AEP-513/2016

Document in the Register

登記冊上文件

(1)     Development of Anderson Road Quarry Site - Road Improvement Works (Register No.: AEIAR-195/2016)

–        Environmental Impact Assessment Report (January 2016) [Hereinafter referred to as the “EIA Report”]

–        Environmental Monitoring and Audit Manual (January 2016) [Hereinafter referred to as the “EM&A Manual”]

–        Executive Summary (January 2016) [Hereinafter referred to as the “EIA Executive Summary”]

      安達臣道石礦場用地發展 - 道路改善工程 (登記冊編號: AEIAR-195/2016)

–        環境影響評估報告(2016年1月) [下稱「環評報告」]

–        環境監察審核手冊(2016年1月) [下稱「環監手冊」]

–        行政摘要(2016年1月) [下稱「環評摘要」]

 

(2)      The Director’s letter of approval of the EIA report dated 22 March 2016 referenced (  ) in EP2/K14/A/17 Pt.3

      署長於2016年3月22日發出批准環評報告的信件，檔案編號: (  ) in EP2/K14/A/17 Pt.3

 

(3)       Application for an Environmental Permit submitted on 21 June 2016 (Application No.: AEP-513/2016)

於2016年6月21日提交的環境許可證申請 (申請書編號: AEP-513/2016)

 

             20 July 2016

            2016年7月20日

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 黃耀光代 行)

PART B ( DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):-

下列為本環境許可證(下稱“許可證”)A部所提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

Development of Anderson Road Quarry Site - Road Improvement Works

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

安達臣道石礦場用地發展 - 道路改善工程
[這指定工程項目下稱“工程項目”]

 

Nature of Designated Project(s)

指定工程項目的性質

 

A road which is an expressway, trunk road, primary distributor road or district distributor road including new roads, and major extensions or improvements to existing roads.

 

屬快速公路、幹道、主要幹路或地區幹路的道路，包括新路及對現有道路作重大擴建或改善的部分。

Location of Designated Project(s)

指定工程項目的地點        

The locations of this Project are shown in Figures 1a – 1d attached to this Permit.

工程項目的位置見載於本許可證夾附的圖1a – 1d。

 

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)        Lengthening of existing lay-bys from 12m and 18m to 70m and addition of 2 new lay-bys of 26m long at Lin Tak Road;

(b)       Realignment of Lin Tak Road towards south;

(c)        Enlargement of existing roundabout at the junction of Lin Tak Road and Pik Wan Road;

(d)       Cutting of slope works at the southern side of Lin Tak Road;

(e)        Widening of small section of slip road towards Tseung Kwan O (TKO) Road eastbound with associated slope works for retaining walls ;

(f)         Construction of a new westbound flyover from Sau Mau Ping Road to Lin Tak Road;

(g)       TKO Road slip road to Sau Mau Ping Road will be shifted southwards;

(h)       Improvement works on Clear Water Bay Road and detouring right-turn movement from On Sau Road northbound onto Clear Water Bay Road eastbound by construction of a new U-turn facility;

(i)         Widening a section of 130m long of the existing New Clear Water Bay Road westbound carriageway opposite to Shun Lee Estate from one lane to two lanes; and

(j)         Construction of a new Shun Lee Tsuen Road slip road (about 350m) and a merging lane (about 170m) with associated slope works for retaining walls.

 

建造及營辦以下的主要部份:

(a)        將連德道的現有避車處由現時 12米和18米延長至70米，並增加兩條長達26米的避車處；

(b)       將連德道向南移重新定線；

(c)        擴大現有連德道及碧雲道交界處的迴旋處；

(d)       於連德道以南進行切削斜坡工程；

(e)        擴闊往將軍澳道東行線的的支路及相關的斜坡擋土牆工程；

(f)        興建一條由秀茂坪道至連德道的新西行行車天橋；

(g)       將軍澳道往秀茂坪道方向支路將南移；

(h)       於清水灣道進行改善工程，興建一個新的掉頭設施；

(i)         將順利邨對開一段長達130米的現有新清水灣道西行線從單線行車道擴闊至雙線行車道；及

(j)         興建一條長約350 米的新支路和長約170 米的新合流車道及相關的斜坡擋土牆工程。

 

PART C (PERMIT CONDITIONS)

C部 (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 (Register No. AEIAR-195/2016), the application document for environmental permit (Application No.: AEP-513/2016), 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 2.2 and 2.7 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 1 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 1 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 Team (ET)

 

2.1               A single full time on-site ET, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project.  The ET shall be directly supervised by the Engineer’s Representative of the Permit Holder (ER) and shall not be in any way an associated body of the Contractor or the IEC for the Project.  The Permit Holder shall provide a site office to the ET for use. The ET shall be headed by a full time on-site 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. 

 

2.2               The ET and the ET Leader shall be responsible for:

 

(i)            implementing the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project;

 

(ii)          certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)        carrying out site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the EM&A Manual of the Project and to take pro-active actions to pre-empt environmental problems;

 

(iv)         notifying the IEC within one working day of the occurrence of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the approved EIA Report (Register No. AEIAR-195/2016) and this Permit; and

 

(v)           keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances.  The 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-195/2016) and this Permit or by the Director or his authorized officers.

 

2.3               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.

 

Employment of Registered Landscape Architect

 

2.4               The Permit Holder shall, no later than one month before the commencement of the construction of the Project, appoint a Registered Landscape Architect to form part of the ET to carry out work relating to landscape aspects including but not limited to auditing the implementation of landscape mitigation measures to ensure compliance with the recommendations of the approved EIA Report (Register No. AEIAR-195/2016) and to certify submissions for the Project as required under Condition 2.12. The qualification and experience of the Registered Landscape Architect shall be certified by the ET Leader and verified by the IEC.

 

Employment of Qualified Ecologist

 

2.5               The Permit Holder shall, no later than one month before the commencement of the construction of the Project, appoint a Qualified Ecologist to form part of the ET to carry out work relating to ecological aspects including but not limited to advising on, monitoring and ensuring proper implementation of measures for habitat loss due to the Project, and preparing submissions for the Project as required under Condition 2.14.  The Qualified Ecologist shall be a person who has at least 7 years of relevant experience.  The qualification and experience of the Qualified Ecologist shall be certified by the ET Leader and verified by the IEC.

 

Employment of IEC

 

2.6               A single IEC with a supporting team shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project.  The IEC and his team shall not be in any way an associated body of the ER, the Contractor or the ET for the Project.  The IEC shall be approved by the Director before appointment by the Permit Holder. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

 

2.7               The IEC shall report directly to the Director and shall be responsible for duties defined in the EM&A Manual and this Permit, including but not limited to the following:

 

(i)           to audit the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site;

 

(ii)         to verify the environmental acceptability of permanent and temporary works, relevant design plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)       to verify the log-book(s) mentioned in Condition 2.2(v);

 

(iv)        to notify the Director by fax or email, within one working day of receipt of notification from the ET Leader, or identification by the IEC and his team, of each and every change of circumstances, emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling) or non-compliance (including suspects of non-compliance) with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-195/2016), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project;

 

(v)          to liaise closely with the Director;

 

(vi)        to accompany the Director in carrying out site inspections and to offer objective and professional advice on environmental issues when requested; and

 

(vii)      to allocate adequate resources, including any necessary specialist support, for discharging the duties required in this Permit and the EM&A Manual.

2.8               If the Director considers the IEC fails to discharge the duties of the IEC as defined in the EM&A Manual or in this Permit, 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.

 

Community Liaison Hotline

 

2.9               A hotline shall be set up prior to the commencement of construction and shall be operated during the construction of the Project to handle complaints, comments, suggestions or requests for information from the public. The Permit Holder shall notify the Director the date of setting up the hotline and the contact details of the hotline at least 2 weeks before the commencement of construction of the Project. The contact details of the hotline shall be made available to the public via the dedicated website to be set up by the Permit Holder as described in Condition 4.2 of this Permit.

 

Management Organization of Main Construction Companies

 

2.10           The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the Director in writing with the following information, which shall include at least an organization chart, names of responsible persons and their contact details:

 

(i)                 the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project;

 

(ii)               the management organization of the ET; and

 

(iii)             the management organization of the IEC and his supporting team.

 

            Submission of Design Drawing of the Project

 

2.11           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. The drawing(s) shall be submitted with an explanatory statement detailing the works boundaries, the works areas, vertical and horizontal alignments of the roads and any other major facilities; and the locations of key environmental mitigation measures, including noise enclosures/semi-enclosures and barriers as mentioned in Condition 2.18 of this Permit.

 

Submission of Landscape and Visual Mitigation Plan(s)

 

2.12           The Permit Holder shall, at least one month before the commencement of construction of the Project, deposit with the Director five hard copies and one electronic copy of Landscape and Visual Mitigation Plan(s), which shall be certified by the Registered Landscape Architect and the ET Leader and verified by the IEC as conforming to the recommendations of landscape and visual mitigation measures contained in Section 10 of the EIA Report (Register No. AEIAR-195/2016).

 

2.13           The Landscape and Visual Mitigation Plan(s) shall include the locations, size, number and species of planting, design details, implementation programme, maintenance and management schedules of the landscape and visual mitigation measures recommended in the EIA Report (Register No. AEIAR-195/2016) and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures of the Project.

 

Submissions for Mitigating Impact on Plant Species of Conservation Importance

2.14           To reduce the impact on plant species of conservation importance due to construction of the Project, including Incense Tree (Aquilaria sinensis), Luofushan Joint-fir (Gnetum luofuense) and any other plant species of conservation importance identified during the detailed vegetation survey, the Permit Holder shall:

 

(a)    no later than one month before commencement of any works (including ground investigation) of the Project, deposit with the Director four hard copies and one electronic copy of a Detailed Vegetation Survey Report showing the methodology as well as survey results, including the updated conditions, number and locations of the individuals of flora species of conservation importance to be affected, and the suitability and / or practicality of the transplantation of these individuals;

 

(b)    no later than one month before commencement of plant transplantation, deposit with the Director four hard copies and one electronic copy of Transplantation Proposal showing:

 

(i)           species and locations of plants for transplantation identified in the detailed vegetation survey;

 

(ii)         locations and conditions of receptor sites for transplantation;

 

(iii)       methodology and implementation programme of transplantation; and

 

(iv)        the 3-year post-transplantation monitoring and maintenance programme;

 

(c)    no later than one month after completion of transplanting work, deposit with the Director four hard copies and one electronic copy of a set of report showing the transplanting work carried out under Condition 2.14 (b).  Before submission to the Director, this set of report shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.14 (b) is fulfilled; and

 

(d)    no later than one month after completion of post-monitoring and maintenance works, deposit with the Director four hard copies and one electronic copy of a set of report showing the post-transplantation monitoring and maintenance works carried out under Condition 2.14 (b).  Before submission to the Director, this set of report shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.14 (b) is fulfilled.

 

2.15           The Detailed Vegetation Survey Report and the Transplantation Proposal shall be prepared by the Qualified Ecologist appointed under Condition 2.5 and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-195/2016).  All recommended measures as set out in the deposited Transplantation Proposal shall be fully and properly implemented.

 

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

 

Measures for Mitigating Construction Environmental Impact

 

2.16           To minimize construction environmental impact, the following mitigation measures shall be implemented:

 

(a)    The use of Quality Powered Mechanical Equipment (QPME) as recommended in Appendix 5.9 of the EIA Report (Register No.: AEIAR-195/2016), or Powered Mechanical Equipment (PME) having sound power level equivalent to or less than these QPME;

 

(b)    The use of noise mitigation measures including construction noise barriers, enclosures, acoustic sheds or acoustic mats as recommended in Section 5.8.3 to Section 5.8.5 of the EIA Report (Register No.: AEIAR-195/2016) to minimize the construction noise; and

 

(c)    Watering once per hour on active construction works area, as recommended in Section 4.15.1 of the EIA Report (Register No.: AEIAR-195/2016) to reduce construction dust emission.

 

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

 

Submission for Mitigating Landscape and Visual Impact before operation of the Project

 

2.17           The landscape and visual mitigation measures shall be implemented in accordance with the recommendations of the Landscape and Visual Mitigation Plan(s) deposited under Condition 2.12 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 and Visual Mitigation Plan(s) deposited under Condition 2.12 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

           

2.18           To mitigate traffic noise impact arising from the Project, the Permit Holder shall implement all noise mitigation measures as shown in Table 1 and Figures 2a to 2c of this Permit, before commencement of operation of the Project. All noise mitigation measures implemented shall be properly maintained during operation of the Project.

 

3.                  Environmental Monitoring and Audit (EM&A) 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        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 the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

 

(d)      logging and keeping records of details of all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site.

 

3.3     Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC as complied 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                  Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of each reporting month throughout the entire construction period. 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. 

 

3.5               All EM&A 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 1.3 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, JPEG or PDF 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 set up a dedicated website and notify the Director in writing the internet address where the environmental monitoring and project information is to be placed within one month after the commencement of construction of the Project.  All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated website to be set up by the Permit Holder in the shortest time practicable, and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.  The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and until two months after the last EM&A report is uploaded, 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 data and project information including the EIA report, the environmental permit(s) and project profile of the Project.  The internet website shall have features capable of:- 

 

(a)      providing access to all environmental monitoring data collected since the commencement of construction and all submissions under this permit;

   

(b)      searching by date;

    

(c)      searching by types of monitoring data; and

  

(d)      hyperlinks to relevant monitoring data after searching;

 

or otherwise as agreed by the Director.

 

 

Table 1 - Noise mitigation measures to mitigate traffic noise impact (referred in Condition 2.18)

 

 

ID

Type of Mitigation Measures

Approximate Length

Figure / Location

(a)

SE1

7m tall semi-enclosure

59m

Figure 2a

Sau Mau Ping Road

(b)

CT1

7m tall cantilevered noise barrier with 3.5m long cantilever (at 45°)

97m 

Figure 2a

Sau Mau Ping Road

(c)

 CT2

 5.5m tall cantilevered noise barrier with 3.5m long cantilever (at 30°)

77m

Figure 2a

Sau Mau Ping Road

(d)

CT3

5.5m tall cantilever noise barrier with 3.5m long cantilever (at 45°)

91m

Figure 2a

Lin Tak Road flyover

(e)

VB1

3m vertical noise barrier

92m

Figure 2a

Sau Mau Ping Road

(f)

 CT4

7m tall cantilevered noise barrier with 3.5m long cantilever (at 45°)

24m

Figure 2b

Clear Water Bay Road /On Sau Road

(g)

SE2

7m tall semi-enclosure

146m

Figure 2b

Clear Water Bay Road /On Sau Road 

(h)

FE1:

7m tall full-enclosure

130m

Figure 2c

New Clear Water Bay Road 

(i)

CT5

7m tall cantilevered noise barrier with 3.5m long cantilever (at 45°)

45m

 

Figure 2c

New Clear Water Bay Road 

(j)

CT6

7m tall cantilevered noise barrier with 3.5m long cantilever (at 45°)

40m

 

Figure 2c

New Clear Water Bay Road 

Remarks:        This table is to be read in conjunction with Figures 2a to 2c of this Permit.

 

 Notes:
註:

 

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 EIAO, and the following notes are for general information only.

本許可證共有3部，即A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (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 1 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2第1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-513/2016

環境許可證編號EP-513/2016

 

| Figure 1a – 1d || Figure 2a – 2c |

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