1. The EIA report as exhibited under Section 7(1) of the Ordinance, shall be placed on the EIA Ordinance's Register as an approved EIA report.

2. The recommendations of the approved EIA report shall be fully and properly implemented.

3. To deal with key project changes after the approval of the EIA report, the applicant or the person in charge of the project shall seek written agreement from the Director of the Environmental Protection (the Director) on those project changes that would affect the findings and recommendations of the approved EIA report, and shall demonstrate to the satisfaction of the Director that the environmental impacts of the project shall not be worse than the environmental impacts described in the approved EIA report, with equivalent or additional measures. Such information shall be made available to the public, as directed by the Director.

4. An Environmental Project Office shall be established to oversee the cumulative environmental impacts arising from the concurrent projects in Penny's Bay and adjoining areas.

5. The applicant shall carry out trial tests of firework display(s) and undertake air quality and noise monitoring before operation of the theme park. The details of the trial and tmonitoring programme shall be submitted to the Director for agreement prior to conducting the trial fireworks display(s). The results of the trial firework show(s) shall be submitted to the Director for agreement. The results of the trial tests and associated air quality data shall be provided to the Advisory Council on the Environment for consultation.

6. All measures recommended in the EIA Report shall be implemented to protect the White-bellied Sea Eagles. In the event of their abandoning the existing nest at Pa Tau Kwu, all reasonable and practical measures shall be taken to protect the new nesting site. Monitoring of the White-bellied Sea Eagles shall be undertaken throughout the construction phase and during the first two years of the operational phase of the Theme Park.

7. During operation of the Theme Park, air quality and noise monitoring on the fireworks displays, including monitoring stations to be located at Discovery Bay and Peng Chau and to be agreed with by the Director, shall be carried out. On the basis of such findings, appropriate mitigation measures, if needed, shall be implemented to the satisfaction of the Director.

8. No works within Cheoy Lee Shipyard, except for investigation works necessary for the completion of the decommissioning EIA study, shall be commenced before completion of the decommissioning EIA study and relevant environmental permit(s) obtained from the Director.

9. Monitoring of Tributyltin (TBT), Polyaromatic Hydrocarbons (PAHs) and Polychlorinated Biphenyls (PCB) levels in waters of Penny's Bay shall be undertaken before and during the initial phase of dredging operations in Penny's Bay. The details of the monitoring programme shall be submitted to and agreed with the Director prior to the commencement of the dredging works.

10. A three-year monitoring programme of the effectiveness of the sloping seawall as an ecological mitigation measures, shall be carried out. If re-colonization of the corals occurs at a slow rate, the applicant shall continue the monitoring for another three years. If re-colonization does not occur, the applicant shall consider further mitigation measures and submit to the Director for approval.

11. A three-year monitoring programme of the post-transplanting by experienced botanist and a ten-year maintenance programme of the woodland compensatory planting, shall be carried out.

12. Artificial reef of at least 4,350 m3 shall be deployed as directed by the Director, and an effective management arrangement to be worked out to the satisfaction of the Director.

13. Underwater percussive piling shall be prohibited from September to February inclusive.

14. For any underwater percussive piling carried out from March to August, mitigation measures including the setting up of a 500m radius exclusion zone and the use of bubble curtain surround the piling barge and works area shall be implemented as described in Section 8.7.5 (5) of the approved EIA report.

15. Underwater video/photo taking shall be included in the regular environmental monitoring and audit programme to monitor the changes in subtidal conditions.

16. An additional water quality monitoring station shall be established at the Ma Wan Fish Culture Zone. The details of the monitoring shall be submitted to and agreed with the Director.

17. The approval of the EIA report shall not remove any person's responsibility to comply with other legislation or to obtain other government approvals.

Environmental Protection Department
April 2000