Environmental Permit No. FEP-03/364/2009
環境許可證編號FEP-03/364/2009

General Conditions

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 and 12

 

環境影響評估條例

(499)

10條及12

 

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT

A DESIGNATED PROJECT

 

建造指定工程項目的新的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this further environmental permit to LAM WOO & CO., LTD. (hereinafter referred to as the "Permit Holder") to construct the designated project described in Part B subject to the conditions specified in Part CThe issue of this further 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條及12條的規定,環境保護署署長(署長)將本新的環境許可證批予聯益建造有限公司(下稱 許可證持有人”),以建造B所說明的指定工程項目,但須遵守C所列明的條件。本新的環境許可證是依據下列文件、批准或許可而簽發:

 

Application No.

申請書編號

FEP-110/2010

 

Document in the Register :

登記冊上的文件:

 

 

1.        Central - Wan Chai Bypass and Island Eastern Corridor Link (Register No.: AEIAR-041/2001)

-          Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as "the CWB&IECL EIA Report"]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

 

2.        The Director’s letter of approval of the CWB&IECL EIA Report dated 31 August 2001 referenced (19) in Ax(2) to EP2/H4/A/10 II.

 

3.        Wan Chai Development Phase II and Central-Wan Chai Bypass (Register No.: AEIAR-125/2008)

-          Environmental Impact Assessment Report (December 2007)
[Hereinafter referred to as “the WDII&CWB EIA Report”]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

-          Further information received from the Civil Engineering and Development Department on 11 March 2008, 9 April 2008 and 14 November 2008 under Section 8(1) of the EIAO

 

4.        The Director’s letter of approval of the WDII&CWB EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/15 Pt.2.

 

5.        Central Reclamation Phase III – Studies, Site Investigation, Design and Construction (Register No.: AEIAR-040/2001)

-          Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as "the CRIII EIA Report"]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

 

6.        The Director’s letter of approval of the CRIII EIA Report dated 31 August 2001 referenced (19) in Ax(4) to EP2/H4/C/09 II.

 

7.        Environmental Permit Issued – Permit No.: EP-356/2009 issued to Civil Engineering and Development Department on 30 July 2009 for construction of the following designated projects:

(i)      Permanent and temporary reclamation works including associated dredging works in Wan Chai Development Phase II (WDII) area (referred to as “DP3” in the WDII&CWB EIA Report);

(ii)    Wan Chai East Sewage Outfall  (referred to as “DP5” in the WDII&CWB EIA Report); and

(iii)   Dredging for the Cross-harbour Water Mains from Wan Chai to Tsim Sha Tsui  (referred to as “DP6” in the WDII&CWB EIA Report).

 

8.        Application for Environmental Permit and attachments submitted on 27 July 2009 (Application No.: AEP-364/2009)

 

9.        Environmental Permit issued – Permit No.: EP-364/2009 issued on 17 August 2009.

 

10.     Application for Further Environmental Permit and attachments submitted on 23 June 2010 (Application No.: FEP-110/2010).

 

1.        中環及灣仔繞道和東區走廊連接路設計及建築工程 (登記冊編號: AEIAR─041/2001)

-          環境影響評估報告 (20017) [下稱「CWB&IECL環評報告」]

-          環境監察審核手冊

-       行政摘要

 

2.        署長於2001 831日發出CWB&IECL環評報告的批准信,檔案編號: (19) in Ax(2) to EP2/H4/A/10 II 

 

3.        灣仔發展計劃第二期及中環灣仔繞道 (登記冊編號: AEIAR-125/2008)

·         環境影響評估報告 (200712) [下稱「WDII&CWB環評報告」]

·         環境監察審核手冊

·         行政摘要

·         土木工程拓展署根據條例第8.(1)條於200831120084920081114所提交的進一步資料

 

4.        署長於2008 1211日發出批准WDII&CWB環評報告的信,檔案編號: (85) in EP2/H4/S3/15 Pt. 2

 

5.        中環填海計劃第III - 研究、實地堪測、設計與建築(登記冊編號:AEIAR-040/2001)

·         環境影響評估報告 (20017) [下稱「CRIII環評報告」]

·         環境監察審核手冊

·         行政摘要

 

6.        署長於2001 831日發出 CRIII環評報告的批准信,檔案編號: (19) in Ax(4) to EP2/H4/C/09 II

 

7.        已簽發的環境許可證許可證編號EP-356/2009; 2009730簽發與土木工程拓展署以建造以下指定工程項目:

(i)       在灣仔發展計劃第二期的永久及臨時填海工程(包括相聯挖泥工程) (WDII&CWB環評報告內稱“DP3”)

(ii)     灣仔東污水排水口(WDII&CWB環評報告內稱“DP5”);

(iii)    灣仔至尖沙咀海底輸水管的挖泥工程(WDII&CWB環評報告內稱“DP6”)

 

8.        2009 7 27 日提交的環境許可證申請文件及附件(申請書編號: AEP-364/2009)

 

9.        已簽發的環境許可證 - 許可證編號 : EP-364/2009 20098 17日簽發。

 

10.     2010 6 23 日提交的新的環境許可證申請文件及附件(申請書編號: FEP-110/2010

 

 

 

 

 

 

 

 

 

 

 12 July 2010

2010 7 12

 

 

Date

日期

 

(YEUNG Wai Tak, Victor)

Acting Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(署理首席環境保護主任 楊維德 代行)

 

 

 


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提述的指定工程項目的說明:

 

Title of Designated Project

指定工程項目的名稱

 

Central – Wan Chai Bypass (CWB) at FEHD Whitfield Depot (Contract No. HY/2009/17) – Advance Piling Works – as part of the “Central – Wan Chai Bypass including its Road Tunnel and Slip Roads” (the CWB project) which is covered in the Environmental Permit No. EP-364/2009

(This designated project is hereafter referred to as “the Project”)

 

中環灣仔繞道 - 食環署威菲車房(合約編號 HY/2009/17) - 前期打樁工程此工程為 中環灣仔繞道(包括其行隧道及連接路)” 部份,受已簽發的環境許可證 - 許可證編號 : EP-364/2009的管制

(本指定工程項目下稱工程項目”)

Nature of Designated Project

指定工程項目的性質

 

The Project will involve the advance piling works (as part of the CWB project).

 

此工程項目涉及前期打樁工程。(CWB 工程項目 部份)

Location of Designated Project

指定工程項目的地點

 

 

Under/near the bridge of Island Eastern Corridor, North Point, Hong Kong.

The location of the Project is shown in Figure 1a and 1b of this Permit.

 

香港角東區走廊橋底附近。

工程項目的地點展示於本許可證1a 1b內。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The scope of the Project includes:

·              Construction of total seven (7) nos. of bored piles having diameter of 1500mm in the advance piling works (part of the CWB project)

 

[Remark: No pile cap will be observed after finishing the works.]

 

工程項目的範圍包括:

·              於前期打樁工程建造合共七支1500毫米的螺旋樁。(CWB工程項目的部份)

 

[備註: 工程完結後,樁帽不會高出地面。]

 


PART C (PERMIT CONDITIONS)

 

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), 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 (hearafter referred to as “the Project”).

1.7               The Permit Holder shall ensure that the Project is designed and constructed in accordance with the relevant information and recommendations described in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2008), the Environmental Permit No.: EP-356/2009 issued on 30 July 2009 for marine works as described in Part A of this Permit; the Application for Environmental Permit (Application No. AEP-364/2009); the Environment Permit No. EP-364/2009 issued on 17 August 2009; the Application for Further Environmental Permit (Application No. FEP-110/2010) 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. As stated in the Application for Environmental Permit and its attachments (Application No.: AEP-364/2009), the Project is covered by the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register No. AEIAR-125/2008) mentioned in Part A of this Permit.  The corresponding coverage of the two EIA reports is shown in Figure 1a of this Permit. The western part of the Project starts from the western boundary of the Project and ends at the eastern boundary of the CRIII area near Lung King Street, Wan Chai.  The eastern part of the Project starts from the eastern boundary of the CRIII area and ends at the eastern boundary of the Project. The western part of the Project is covered by the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) with the clarifications stated in the Application for Environmental Permit and its attachments (Application No.: AEP-364/2009). The eastern part of the Project is covered by the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008)).

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 Director shall be notified in writing immediately if there is any change of the commencement date of the construction.(see note 8)

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            This Permit shall not remove the responsibility of Highways Department and any person working on the “Central-Wan Chai Bypass including its Road Tunnel and Slip Roads” (the “CWB project”) to comply with the conditions set out in Part C of the Environmental Permit No. EP-364/2009 or where applicable any subsequent environmental permit (EP) amended by the Director under the Ordinance.

 

2                    Special Conditions

Submissions or Measures to be implemented before Construction of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1               An Environmental Team (ET) shall be established 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 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 EM&A requirements as contained in the updated EM&A Manual of the Project approved under Condition 2.5 of 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 updated EM&A Manual of the Project approved under Condition 2.5 of this Permit 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. (see note 7)

 

2.2               An IEC shall be employed 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 updated EM&A Manual approved under Condition 2.5 of this Permit and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the updated EM&A Manual, and any other submissions required under this Permit.  In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.  The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.  The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the 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 updated 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.(see note 7)

Environmental Project Committee (ENPC)

2.3               To oversee and facilitate effective control of the cumulative environmental impacts arising from potential multiple contracts for the construction of the entire Wan Chai Development Phase II (WDII) and Central-Wan Chai Bypass (CWB) (hereafter referred to as the whole Project), an Environmental Project Committee (ENPC) shall be set up before the commencement of construction of the earliest components of the whole Project.  Regular members of the ENPC will include:

(a)   the ET Leader;

(b)   the IEC; and

(c)   the permit holders of any environmental permit(s) and further environmental permit(s) for the whole Project.

 

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 whole Project. The ENPC shall make recommendation and update under Condition 2.5(a) of this Permit on how to enhance the monitoring and audit of the environmental performance of the whole Project 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 whole Project. (see notes 7 and 8)

 

Community Liaison Group

2.4               A Community Liaison Group (CLG) comprising representatives from the relevant concerned and affected parties, including owners’ corporations, management offices, local committees and schools of affected areas, including the North Point and Tin Hau areas, shall be set up, to facilitate communication, enquiries and complaints handling on all environmental issues, including the follow up on the implementation of remedial mitigation measures.  The CLG shall be set up before the commencement of construction of the relevant component(s) of the WDII and CWB Project. The Director shall be notified with the actual date of setting up the CLG, the membership, the terms of reference and the contact details. A designated complaint hotline shall also be set up for the Project to address such concerns and complaints in an efficient manner. The detailed arrangements of the CLG shall be reported to the ENPC and its activities be reflected as update under Condition 2.5(a) of this Permit. (see notes 7and 8)

Submission of Updated EM&A Manual

2.5               Four hard copies and one electronic copy of an updated EM&A Manual for the Project shall be submitted, no later than one month before the commencement of construction of the Project, to the Director for approval. The updated EM&A Manual shall:

 

(a)        make recommendations on how to take into account the ENPC and Community Liaison Group requirements as stipulated in Conditions 2.3 and 2.4 of this Permit respectively;

(b)        consider the appropriate timing for putting in place a real-time on-site monitoring system of the noise level around the works sites at North Point and Tin Hau areas during the construction phase of the CWB Project; and

(c)        take into account the relevant EM&A requirements from the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008), the latest works schedules, division of responsibilities among different contracts in the Project, latest project information and latest environmental mitigation measures.

Before submission to the Director, the updated EM&A Manual shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No: AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2008), the application documents for environmental permit including all attachments (Application No. AEP-364/2009) and other relevant documents in the Register.  All measures recommended in the updated EM&A Manual approved under this Condition shall be fully and properly implemented according to the requirements and time schedule(s) set out in the updated EM&A Manual approved under this Condition (hereinafter referred to as the “updated EM&A Manual”). (see note 8)

Management Organization of Main Construction Companies

2.6               The Director shall be informed, no later than one month before the commencement of construction of the Project covered by this Permit, in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the works of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details. The management organization information submitted under this Condition shall contribute towards the relevant part of the ENPC and CLG that will set up under Conditions 2.3 and 2.4 of this Permit. (see note 8)

 

Submission of Works Schedule and Location Plans

2.7               A detailed works schedule of the Project shall be deposited with the Director at least one month before the commencement of the works of the Project.  The schedule shall include an updated works programme indicating dates of commencement of construction activities.  This schedule to be submitted shall govern the various milestones and anticipated schedule of submissions including those as reflected in Conditions 2.6, 2.8 and 2.9 of this Permit. (see note 8)

 

2.8               Location and layout plan in the scale of 1:1,000 or other appropriate scale of the Project shall be deposited with the Director at least two weeks before the commencement of the works of the Project.  The plans shall be submitted with an explanatory statement detailing the works boundaries, the works areas and the locations of key environmental mitigation measures. (see note 8)

 

Measures to Mitigate Construction Noise Impact

 

2.9               To mitigate construction noise impact, at least two weeks prior to the commencement of construction of the corresponding component(s) of the Project, four hard copies and one electronic copy of the construction noise management plan shall be deposited with the Director. The construction noise management plan shall consist of layout plan(s) in the scale of 1:1,000 or other appropriate scale and explanatory statement(s) showing the noise mitigation measures to include the use of movable/temporary noise barriers, the use of quiet powered mechanical equipments and the adoption of multiple-phase construction schedules, where appropriate. The submission(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register No. AEIAR-125/2008) before deposit with the Director. All measures recommended in the finalised submission(s) under this Condition shall be fully and properly implemented. Measures covered by other pollution control Ordinances shall not be included in this construction noise management plan. (see note 8)

 

 

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 updated EM&A Manual approved under Condition 2.5 of this Permit. 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 updated EM&A Manual approved under Condition 2.5 of this Permit before submission to the Director for approval.  The EM&A programme shall include, among other items, the air quality and noise monitoring and audit details to cover the different construction phases. The appropriate timing for putting in place a real-time on-site monitoring system of the noise level around the works sites at North Point and Tin Hau areas during the construction phase of the Project shall be considered, but the real-time monitoring system shall be in place no later than two weeks before the commencement date of demolition works of the existing Island Eastern Corridor.  The real-time noise monitoring results shall be presented in the Internet website as described in Condition 4.2 of this Permit. (see notes 7 and 8)

 

3.2               Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the updated 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 updated EM&A Manual approved under Condition 2.5 of this Permit 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 updated EM&A Manual approved under Condition 2.5 of this Permit 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. (see notes 7 and 8)

 

3.3               Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one month before commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request. (see note 8)

3.4               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 (exceedances) of the environmental quality performance limits (Action and Limit Levels). In compiling this monthly EM&A Report, all relevant cumulative construction impacts due to concurrent activities of the concurrent projects including the Central Reclamation Phase III and the Wan Chai Development Phase II projects shall be addressed. The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director. (see notes 8 and 9)

3.5               All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct. (see notes 7 and 8)

 

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. (see note 8)

 

4.2               A dedicated web site shall be set up with notification in writing to the Director of 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 a dedicated web site to be set up 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. (see note 9)

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 Reports and the environmental permit(s) 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 and air quality); and

(d)               hyperlinks to relevant monitoring data after searching;

           

or otherwise as agreed by the Director. (see note 9)

 

 

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(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.       Highways Department (HyD), the Holder of Environmental Permit (EP) No. EP-364/2009, is required under EP-364/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)              to establish an Environmental Team (ET) which shall be headed by an ET Leader;

(ii)            to employ an Independent Environmental Checker (IEC);

(iii)           to liaise with the Holder of Environmental Permit No. EP-356/2009 on to jointly set up an Environmental Project Committee (ENPC); and

(iv)          to liaise with the Holder of Environmental Permit No. EP-356/2009 to jointly set up a Community Liaison Group (CLG),

for the CWB project.

 

8.       HyD, the Holder of EP-364/2009 is required under EP-364/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)              to notify the Director in writing the commencement date of construction of the CWB project;

(ii)            to notify the Director the date of setting up the ENPC;

(iii)           to notify the Director the date of setting up the CLG;

(iv)          to submit to the Director for approval the updated Environmental Monitoring and Audit Manual (updated EM&A Manual);

(v)            to 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 CWB project;

(vi)          to deposit with the Director a detailed works schedule and location plans;

(vii)         to deposit with the Director a construction noise management plan;

(viii)       to deposit with the Director an operational air quality management plan;

(ix)          to deposit with the Director landscape plan(s);

(x)            to deposit with the Director an additional mitigation plan for Slip Road 8;

(xi)          to submit to the Director the Baseline Monitoring Report; and

(xii)         to submit to the Director the monthly EM&A Reports,

for the CWB project.

 

All submissions or any variation of the submissions shall be certified by the ET Leader(s) and verified by the IEC before submitting to the Director.

 

9.   HyD, the Holder of Environmental Permit EP-364/2009, is required under EP-364/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)              to implement the proposed construction works of CWB including its Road Tunnel and Slip Roads, ventilation buildings and vent shaft(s) at the location shown in Figure 1 of EP-364/2009 together with the relevant environmental mitigation measures; and

(ii)            to 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,

for the CWB project.

10. 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.

 

11. 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.

12. 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. FEP-03/364/2009

環境許可證編號  FEP-03/364/2009

 

| Figure 1a | Figure 1b |


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