Environmental Permit No. EP-004/1998/I

EP-004/1998/I

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 10 & 13


(
499 )
10 13

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE

A DESIGNATED PROJECT

PART A (MAIN PERMIT)
A
( )

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit (No. EP-004/1998) to KOWLOON-CANTON RAILWAY CORPORATION (the "Permit Holder") on 16 September 1998. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit No. EP-004/1998/H based on the Application No. VEP-361/2012. The amendments described below, are incorporated into this Environmental Permit (EP-004/1998/I). This Environmental Permit as amended is for the construction and operation of the designated projects described in Part B of this Permit subject to the conditions described in and attached to Part C of this Permit. .

( ) 10 ( ) 1998 9 16 ( EP-004/1998) ( " ") 13 VEP-361/2012 EP-004/1998/H  (EP-004/1998/I) B C


This Environmental Permit is based on the documents, approval and permissions described below:

:

Application No.
:

VEP-361/2012

Document in the Register :
:

(a)        West Rail - Final Assessment Report West Kowloon to Tuen Mun Centre - Environmental Impact Assessment, its Technical Annexes, and Final Landscape Design Strategy, Report Vol.1 (Register No. EIA-149/1998) [Hereafter referred to as the EIA report]

(b)       Application documents submitted by Permit Holder including all attachments on 19 August 1998 (Application No. AEP-004/1998)

(c)        Environmental Permit issued on 16 September 1998 (Permit No. EP-004/1998)

(d)       Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 21 July 2000. (Application No. VEP-020/2000)

(e)        Environmental Permit issued on 18 August 2000 (Permit No. VEP-020/2000/A/EP-004)

(f)        Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 29 May 2001. (Application No. VEP-045/2001)

(g)        Environmental Permit issued on 27 June 2001 (Permit No. EP-004/1998/B)

(h)       Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 11 March 2002. (Application No. VEP-062/2002)

(i)         Environmental Permit issued on 9 April 2002 (Permit No. EP-004/1998/C)

(j)         Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 10 June 2002. (Application No. VEP-067/2002)

(k)       Environmental Permit issued on 8 July 2002 (Permit No. EP-004/1998/D)

(l)         Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 27 September 2002. (Application No. VEP-078/2002)

(m)     Environmental Permit issued on 24 October 2002 (Permit No. EP-004/1998/E).

(n)       Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 24 January 2003 (Application No. VEP-084/2003).

(o)       Environmental Permit issued on 20 February 2003 (Permit No. EP-004/1998/F).

(p)       Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 22 November 2003 (Application No. VEP-122/2003).

(q)       Environmental Permit issued on 4 December 2003 (Permit No. EP-004/1998/G).

(r)         Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 28 May 2004 (Application No. VEP-142/2004).

(s)        Environmental Permit issued on 24 June 2004 (Permit No. EP-004/1998/H).

(t)         Application documents for Variation of an Environmental Permit including all attachments by Permit Holder submitted on 15 May 2012 (Application No. VEP-361/2012).

(a)        西 - 西 - ( :EIA-149/1998) [ " "]

(b)       1998 8 19 ( AEP-004/1998)

(c)        1998 9 16 ( EP-004/1998)

(d)       2000 7 21 ( VEP-020/2000)

(e)        2000 8 18 ( VEP-020/2000/A/EP-004 )

(f)        2001 5 29 ( VEP-045/2001)

(g)        2001 6 27 ( EP-004/1998/B )

(h)       2002 3 11 ( VEP-062/2002)

(i)         2002 4 9 ( EP-004/1998/C )

(j)         2002 6 10 ( VEP-067/2002)

(k)       2002 7 8 ( EP-004/1998/D )

(l)         2002 9 27 ( VEP-078/2002)

(m)     2002 10 24 ( EP-004/1998/E )

(n)       2003 1 24 ( VEP-084/2003)

(o)       2003 2 20 ( EP-004/1998/F )

(p)       2003 11 22 ( VEP-122/2003)

(q)       2003 12 4 ( EP-004/1998/G )

(r)         2004 5 28 ( VEP-142/2004)

(s)        2004 6 24 ( EP-004/1998/H )

(t)                     2012 5 15 ( VEP-361/2012)


 



Application No.

Date of Application

List of Amendments Incorporated into Environmental Permit

Date of Amendments

VEP-

020/2000

21 July 2000

Add conditions 2.20, 3.14, Notes 6a, 6b and 6c to Part C of Environmental Permit No. EP-004/1998

Add reference information to conditions 5.2, 5.6 and 5.10 in Part C of Environmental Permit No. EP-004/1998

Delete Figure 1 and Figure 2 in condition 3.8, and subsequent variation of condition 3.14 in Part C of Environmental Permit No. EP-004/1998

Add the register reference no. of the EIA Report to conditions 1.7, 2.4, 2.5, 2.6, 2.7, 2.9, 2.12, 2.13, 2.14, 2.16, 2.17, 2.18, 2.19, 3.1, 3.3, 3.4, 3.5, 3.6, 5.5, 5.7, 5.8, 5.10 and 6.3 of Part C of Environmental Permit No. EP-004/1998

 

18 August 2000

 

2000

7 21

EP-004/1998 C 2.20, 3.14, , 6a, 6b 6c

EP-004/1998 C 5.2, 5.6 5.10

EP-004/1998 C 3.8 1 2 3.14

EP-004/1998 C 1.7, 2.4, 2.5, 2.6, 2.7, 2.9, 2.12, 2.13, 2.14, 2.16, 2.17, 2.18, 2.19, 3.1, 3.3, 3.4, 3.5, 3.6, 5.5, 5.7, 5.8, 5.10 6.3

 

2000

8 18

VEP-

045/2001


 

29 May 2001

Vary conditions 2.20 and 3.14 in Part C of Environmental Permit No. VEP-020/2000/A/EP-004

Add Notes 6a, 6b and 6c to Part C of Environmental Permit No. VEP-020/2000/A/EP-004

Add reference information to conditions 5.2, 5.6 and 5.10 in Part C of Environmental Permit No. VEP-020/2000/A/EP-004

Vary condition 5.3 with respect to the change from 12-car train to 9-car train in Part C of Environmental Permit No. VEP-020/2000/A/EP-004

Vary condition 6.1 with respect to the change in maximum speed at the section between Tin Shui Wai and Siu Hong in Part C of Environmental Permit No. VEP-020/2000/A/EP-004

 

27 June 2001

 

2001

5 29

VEP-020/2000/A/EP-004 C 2.20 3.14

VEP-020/2000/A/004 C 6a, 6b, 6c

VEP-020/2000A/EP-004 C 5.2, 5.6 5.10

VEP-020/2000/A/EP-004 C , 12 9 , 5.3

VEP-020/2000/A/EP-004 C , , 6.1

 

2001

6 27

VEP-

062/2002

11 March 2002

Vary conditions 2.20 and 3.14 in Part C of Environmental Permit No. EP-004/1998/B

 

Add Note 6a to Part C of Environmental Permit No. EP-004/1998/B

 

Add reference information to conditions 5.2 and 5.10 in Part C of Environmental Permit No. EP-004/1998/B

 

Add Figure 1, Figure 2 and Figure 3 to the Environmental Permit No. EP-004/1998/B and subsequent variation of the figure number in Figure 1 and condition 3.12 of the Environmental Permit No. EP-004/1998/B.

 

9 April 2002

 

2002

3 11

EP-004/1998/B C 2.20 3.14

 

EP-004/1998/B C 6a

 

EP-004/1998/B C 5.2 5.10

 

EP-004/1998/B 1, 2 3,及 EP-004/1998/B 1 3.12

 

2002

4 9

VEP-

067/2002

10 June 2002

Vary conditions 2.20 and 3.14 in Part C of Environmental Permit No. EP-004/1998/C

 

Add Note 6a to Part C of Environmental Permit No. EP-004/1998/C

 

Add reference information to conditions 5.2, 5.7 and 5.10 in Part C of Environmental Permit No. EP-004/1998/C

 

8 July 2002

 

2002

6 10

EP-004/1998/C C 2.20 3.14

 

EP-004/1998/C C 6a

 

EP-004/1998/C C 5.2 5.7 5.10

 

2002

7 8

VEP-

078/2002

27 September 2002

Vary conditions 2.20 and 3.14 in Part C of Environmental Permit No. EP-004/1998/D

 

Add Note 6a to Part C of Environmental Permit No. EP-004/1998/D

 

Add reference information to conditions 5.2, 5.7 and 5.10 in Part C of Environmental Permit No. EP-004/1998/D

 

24 October 2002

 

2002

9 27

EP-004/1998/D C 2.20 3.14

 

EP-004/1998/D C 6a

 

EP-004/1998/D C 5.2 5.7 5.10

 

2002

10 24

VEP-

084/2003

24 January 2003

Vary clause (i) of Annex A of the Environmental Permit No. EP-004/1998/E.

 

Vary clause (c) of Annex E of the Environmental Permit No. EP-004/1998/E.

 

Delete clauses (a), (b), (g) and (h) of Annex E of the Environmental Permit No. EP-004/1998/E.

 

Vary conditions 2.20 and 3.14 in Part C of Environmental Permit No. EP-004/1998/E.

 

Vary Note 6a to Part C of Environmental Permit No. EP-004/1998/E.

 

Vary reference information to conditions 5.2  and 5.10 in Part C of Environmental Permit No. EP-004/1998/E.

 

20 February 2003

 

2003

1 24

EP-004/1998/E A (i)

 

EP-004/1998/E E (c)

 

EP-004/1998/E E (a), (b), (g) (h) .

 

EP-004/1998/E C 2.20 3.14 .

 

EP-004/1998/E C 6a

 

EP-004/1998/E C 5.2 5.10

 

2003

2 20

VEP-

122/2003

22 November 2003

Vary condition 2.5(d) in Part C of Environmental Permit No. EP-004/1998/F.

 

Add conditions 5.13, 6.9 and 6.10 in Part C of Environmental Permit No. EP-004/1998/G.

 

Add Schedule 1 and Figures 5 to 14 in Part C of Environmental Permit No. EP-004/1998/G.

 

Vary reference information to conditions 2.5, 5.2 and 5.7 in Part C of Environmental Permit No. EP-004/1998/F.

 

4 December 2003

 

2003

11 22

EP-004/1998/F C 2.5(d) .

 

EP-004/1998/G C 5.13, 6.9 6.10 .

 

EP-004/1998/G C 1 5 14.

 

EP-004/1998/F C 2.5, 5.2 5.7 .

2003

12 4

VEP-

142/2004

28 May 2004

Vary condtion 6.9, condition 6.10, Table B of Schedule 1 and Figure 10 in Part C of Environmental Permit No. EP-004/1998/G.

,

Add point (b) in Annex E, Table C in Schedule 1 and Figure 15 in Part C of Environmental Permit No. EP-004/1998/H.

 

Vary reference information to conditions 2.5 and 5.7 in Part C of Environmental Permit No. EP-004/1998/G.

24 June 2004

 

2004

5 28

EP-004/1998/G C 6.9 , 6.10 , 1 B 10.

 

EP-004/1998/H C E (b) , 1 C 15.

 

EP-004/1998/G C 2.5 5.7 .

2004

624

VEP-

361/ 2012

15 May 2012

Add Figure 16 and information on Modification Works for West Rail Depot to condition 2.6 in Part C of Environmental Permit No. EP-004/1998/H.

 

6 June 2012

 

2012

5 15

在環境許可證編號 EP-004/1998/H C 內第 2.6項條件加入 16 及西鐵車廠改善工程資料.

 

2012

6 6

 

 

 

 

 

 

 

  6 June 2012

 

 

Date

日期

 

(WONG Hon-meng)

Principal Environmental Protection Officer           

           (Strategic Assessment)

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任(策略評估) 黃漢明 代 )

 

 


PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B
( )

Hereunder is the description of the designated project mentioned in Part A of this environmental permit :

A :

Title of Designated Project

West Rail, Phase I
[This designated project is hereafter referred to as "the Project"]

西
[
]

Nature of Designated Project

A railway and its associated stations

Location of Designated Project

Kowloon to Tuen Mun
(The location and alignment of the Project is shown in Figure 1, 2 and 3 of this Environmental Permit).


(
1 2 3)

Scale and Scope of Designated Project(s)

The Project is an electrified double-tracked railway system including the railway alignment, all railway premises, depots, tracks, cuttings, embankments, tunnels, stations, goods and rail yards, car parks and other areas for ancillary uses but excludes non-railway developments above stations or above other railway property. The Project includes the following four sections:

Southern Section
This Section is located on the West Kowloon Reclamation (WKR) and commences at of the proposed Yen Chow Street (YCS) Station near the proposed Prince Edward Road Roundabout. From Yen Chow Station, the alignment extends north - west to Lai Chi Kok and Mei Foo, passing under Hing Wah Street and the Lai Wan Interchange. The alignment then turns east through Lai Chi Kok Park around the Mei Foo Sun Chuen residential development and ends just before the proposed Mei Foo (MEF) Station.

The entire rail alignment of the Southern Section will be constructed at grade. The alignment will be contained in a box structure constructed above ground and covered by a landscape earth mound.

Central Section
This Section commences at the western end of the proposed MEF Station, and extends north-west under Kwai Chung Hospital in Ha Kwai Chung Tunnels for approximately 1.5km. These tunnels give way to the Kwai Fuk Road Tunnels for approximately 600m before entering the Tsing Tsuen Tunnels in the vicinity of Kwai Chung Park and Tsing Tsuen Road. The alignment continues north - west in Tsing Tsuen Tunnels for approximately 1km before exiting at Tsuen Wan Waterfront in the vicinity of the site of the proposed Tsuen Wan West (TWW) Station. From TWW, the alignment continues north - west and enters the southern portal of the Tai Lam Tunnel (TLT) a point north of Tuen Mun Road at Tsuen Wan. The northern portal of the TLT is situated approximately 5km north - west in the Kam Tin valley, where the railway extends for another 250m above ground reaching the end of the Central Section.

Northern Section
The Section commences approximately 250m north of the northern portal of the TLT. The alignment then heads generally north - west, passing through a new station to be constructed at Kam Tin (KAT). From Kam Tin, the alignment continues north - west until it reaches a junction at Au Tau between a north - bound section of the alignment and the west bound route to Tuen Mun. Two kilometres west of Au Tau along Tuen Mun branch, the North Section comes to an end at eastern end wall of the proposed Yuen Long Station (YUL).

The Northern Section also includes the West Rail Depot (WRD), which lies between the northern portal of TLT and Kam Tin Station. The WRD includes infrastructure such as rail and fleet maintenance facilities as well as buildings which in total occupy an area of approximately 22 hectares. The WRD facility also includes approximately 2.2km of main line alignment.

Western Section
This Section of the alignment extends generally westward from Yuen Long Station (YUL) before heading south to the proposed Tuen Mun Centre (TMC) Station. The Western Section includes intermediate stations at Long Ping (LOP), Tin Shui Wai and Tuen Mun North (TMN).

The Project will interface with Mass Transit Railway's services at Mei Foo (the Tsuen Wan Line) and Yen Chow Street (the Lantau Line). It will also interchange with the Light Rail service at Yuen Long, Tin Shui Wan, Tuen Mun North and Tuen Mun Centre.

The full description of the scale and scope of the Project is given in section 1 and 2 of the EIA report mentioned in Part A of this Environmental Permit.

4


西 西




西 西 1.5 0.6 西 1 西 西 西 西 5 0.25


0.25 西 西 西 沿 西 2
西 22 西 2.2

西
西 西

( ) ( ) 便

A 1 2

 


PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this Environmental Permit (the Permit). Any non-compliance with this Permit may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354) and others.

1.3 The Permit Holder shall make copies of this Permit available at all times for inspection by the Director at all sites covered by this Permit.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s).

1.5 The Permit Holder shall display a copy of this Permit on the construction site(s) at all vehicular site entrances/exits for public information at all times. The Permit Holder shall ensure that the most updated information about the environmental 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 of Environmental Protection shall also be displayed at the same locations as the original Permit.

1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.7 Unless varied under the Environmental Impact Assessment Ordinance, the Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations contained in the EIA report [ref: register no EIA 149/1998].


2. Submissions or Measures before Commencement of Construction of Certain Sections of the Project

2.1 The Permit Holder shall employ an Environmental Manager with at least 7 years of experience in environmental monitoring and auditing or environmental management. The Environmental Manager shall be responsible for supervising the environmental monitoring and audit programme and executing the duties as recommended in the Environmental Monitoring and Audit Manual to be prepared in accordance with section 2.18 of this Permit.

2.2 The Permit Holder shall employ an Independent Environmental Checker with at least 7 years of experience in environmental monitoring and auditing or environmental management. The Independent Environmental Checker shall verify the overall environmental performance of the Project, including the implementation of all the environmental mitigation measures, submissions relating to environmental monitoring and auditing, and any other submissions required under this Permit.

2.3 Environmental Team(s) shall be established prior to the commencement of construction of relevant sections of the Project, described in Part B of this Permit. The Environmental Team(s) shall be headed by a team leader who has at least 7 years experience in environmental monitoring auditing or environmental management.

2.4 Before the commencement of construction of relevant sections of the Project described in Part B of this Permit, the Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings with an explanatory statement showing the works boundary, railway and tunnel alignment, environmental mitigation measures recommended in the EIA report [ref: register no EIA 149/1998] and any other facilities assessed in the EIA report. The drawings shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the findings and recommendations of the EIA report [ref: register no EIA 149/1998]. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report [ref: register no EIA 149/1998] and the drawings deposited with the Director. All measures set out in the drawings shall be fully implemented. (See Note 6)

2.5 Before the commencement of construction of track sections not in tunnel, the Permit Holder shall deposit with the Director 3 sets of drawings with an explanatory statement showing all the noise mitigation measures. The drawings shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the findings and recommendations of the EIA report [ref: register no EIA 149/1998]. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report [ref: register no EIA 149/1998] and the drawings deposited with the Director or the information contained in the Application for Variation No. VEP-122/2003 and the Application for Variation No. VEP-142/2004. All measures set out in the drawings or the information contained in the Application for Variation No. VEP-122/2003 and the Application for Variation No. VEP-142/2004 shall be fully implemented. In particular, the following requirements shall be included :

(a)       the use of resilient rail baseplates for track on viaduct, to reduce vibration transmission to the viaduct structure and thereby reduce re-radiated noise from the structures;

(b)       for the track on viaduct, mounting the track on a floating slab system to further reduce vibration transmission to the viaduct structure;

(c)       the use of extended wheel skirts and adsorptive lining beneath the car, to create an acoustic plenum in the under-car area;

(d)    Except for the locations as set out in Schedule 1 of this Permit, the creation of a second acoustic plenum on either side of the car, using either a walkway at the side of the track or a purpose-built construction. This would also incorporate absorptive lining in the area beneath the plenum;

(e)       edge walls with sound adsorption; and

(f)       barriers and enclosures.

2.6 Before the commencement of construction of West Rail Depot, the Permit Holder shall deposit with the Director three sets of drawings with an explanatory statement showing the mitigation measures for fixed plant noise. The drawings shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the findings and recommendations of the EIA report [ref: register no EIA 149/1998]. The Project shall be constructed in accordance with the information and recommendations contained in the EIA report [ref: register no EIA 149/1998], the drawings deposited with the Director (See Note 6).  All measures set out in the drawings shall be fully implemented. In particular, the following noise sources shall be addressed :

(a)       train rolling noise at West Rail Depot;

(b)       ventilation fans, vents and buildings;

(c)       chiller plant;

(d)       cooling water pumping station; and

(e)       traction sub-stations.

The modification works for the West Rail Depot as per the proposal in the Application for Variation No. VEP-361/2012 shall be constructed and operated as shown in Figure 16 and the information contained in the Application for Variation No. VEP-361/2012.  To allow sufficient time for the establishment of baseline conditions, at least three months before the commencement of construction of the modificiation works for the West Rail Depot, the Permit Holder shall submit an Environmental Monitoring and Auditing Programme for approval by the Director.  The Permit Holder shall employ an Environmental Manager and an Independent Environmental Checker as defined in section 2.1 and section 2.2 of this Pemit respectively for the implementation of the Environmental Monitoring and Auditing Programme.

2.7 The Permit Holder shall submit to the Director for approval three sets of landscape master plan(s) 1 to 1000 scale together with a master implementation schedule before the commencement of construction of relevant sections of the Project described in Part B of this Permit. The drawings shall be expanded based on the Landscape Strategy Report of the EIA report [ref: register no EIA 149/1998] and shall show the conceptual landscape proposals within the works boundary to be in accordance with the recommendations of the EIA report [ref: register no EIA 149/1998] during the construction and operation of the Project. It shall also include a management and maintenance schedule indicating clearly how the landscape areas will be managed and maintained. The landscape drawings shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker. All measures recommended in the approved drawings shall be fully implemented in accordance with the details and time schedule set out in the approved landscape master plan(s). (See Note 6).

2.8 Three sets of detailed landscape drawings shall be submitted to the Director for approval before the commencement of landscape and visual mitigation works of the relevant section(s) of the Project or part(s) thereof. Such drawings shall expand on the approved landscape master plan(s) and shall show the detailed landscape proposals during the construction and operation of the Project. The landscape drawings shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker. All measures recommended in the approved drawings shall be fully implemented in accordance with the details and time schedule set out in the approved landscape drawings.

2.9 The Permit Holder shall submit a field evaluation programme and an archaeological action plan for each of the Central, Northern and Western Sections in accordance with the requirements of the EIA Report [ref: register no EIA 149/1998] before commencement of construction of the relevant sections, and obtain the approval of the Director on the programmes and action plans. The field evaluation programme and the archaeological action plans shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker. All measures recommended in the approved programme and action plans shall be fully implemented in accordance with the details and time schedules set out in the approved programme and action plans. In particular, the proposals for mitigation measures to the archaeological resources revealed during the field evaluation shall be included. (See Note 6).

2.10 The design of the West Rail Depot shall avoid direct impacts to the Kwan Tai Shing Kung temple and associated grove situated to the north-east of Cheung Po and provide for buffer zone around the temple during construction;

2.11 The external design of the Tin Shui Wai Station shall avoid adverse impacts to the Tsui Shing Lau Pagoda and be compatible with the local cultural environment.

2.12 For the Western Section, a condition survey on the Tsui Shing Lau Pagoda shall be carried out as recommended in the EIA report [ref: register no EIA 149/1998] and deposited to the Director. The condition survey shall be undertaken prior to and following the completion of works and sample vibration monitoring shall be undertaken during construction. A vibration limit of 2mm/s peak particle velocity should be applied to all construction related activities. The condition survey shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker as conforming to the information and recommendation contained in the EIA report [ref: register no EIA 149/1998] before being deposited with the Director.

2.13 Before the commencement of construction of the Northern Section and the 270m alignment from North Portal of Tai Lam Tunnel to West Rail Depot of the Project, the Permit Holder shall submit a Habitat Creation and Management Plan as recommended in the EIA report [ref: register no EIA 149/1998] and obtain the approval of the Director on the Habitat Creation and Management Plan. Before submission to the Director, the Habitat Creation and Management Plan shall be certified by the Environmental Manager and verified by the Independent Environmental Checker.

2.14 Before the commencement of the construction of Central Section and Western Section, the Permit Holder shall submit and obtain approval of the Director for the Contamination Assessment Plans (CAP) of the potentially contaminated sites in accordance with the information and recommendations contained in the EIA report [ref: register no EIA 149/1998] and Annex 19, Section 3 of the TM. Before submission to the Director, the Contamination Assessment Plans shall be certified by the Environmental Manager and verified by the Independent Environmental Checker. (See Note 6)

2.15 Before the commencement of the construction of Central Section and Western Section, the Permit Holder shall submit and obtain the approval of the Director Contamination Assessment Reports (CAR) based on the endorsed Contamination Assessment Plans in accordance with Annex 19, Section 3 of the TM. During the preparation of the Contamination Assessment Report, if land contamination is confirmed, Remediation Action Plans (RAP) are required in accordance with Annex 19, Section 3 of the TM and shall be submitted as a combined report with the CAR to the Director for approval. Before submission to the Director, the results of the Contamination Assessment Reports and any Remediation Action Plans shall be certified by the Environmental Manager and verified by the Independent Environmental Checker. All measures recommended in the approved Remediation Action Plans shall be fully implemented in accordance with the requirements and time schedule set out in the approved Remediation Action Plans.

2.16 Before the commencement of the construction, the Permit Holder shall deposit with the Director waste management plan(s) as recommended in the EIA report [ref: register no EIA 149/1998]. Before submission to the Director, the waste management plan shall be certified by the Environmental Manager and verified by the Independent Environmental Checker. Measures covered by the Waste Disposal Ordinance shall not be included in the waste management plan(s). All measures recommended in the approved waste management plan(s) shall be fully implemented in accordance with the requirements and time schedule(s) set out in the waste management plan(s). (See Note 6).

2.17 Before the commencement of the construction of the Central Section, the Permit Holder shall deposit with the Director a detailed construction risk assessment of the work site located south west of Kwai Hei Streeet, Kwai Fong as recommended in the EIA report[ref: register no EIA 149/1998]. The report shall, with reference to Annex A, address the risks of landfill gas accumulation in temporary structures, storage facilities and the processes and activities to be undertaken at the site and shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker. All measures recommended in the report shall be fully implemented in accordance with the requirements and time schedule set out in the report deposited with the Director. (See Note 6).

2.18 In accordance with the information and recommendations contained in the EIA report [ref: register no EIA 149/1998], the Permit Holder shall deposit an Environmental Monitoring and Audit (EM&A) Manual with the Director within one month of the issuance of this Permit. The EM&A Manual shall satisfy the requirements as prescribed in section 10, SCHEDULE 4 of the Environmental Impact Assessment Ordinance and Annex 21 of the Technical Memorandum on Environmental Impact Assessment Process. The EM&A Manual shall be certified by the Environmental Manager and verified by the Independent Environmental Checker before submission to the Director. (See Note 6).

2.19 In accordance with the information and recommendation contained in the EIA report [ref: register no EIA 149/1998], the Permit Holder shall deposit an Implementation Schedule with the Director within one month of the issuance of this Permit. The Implementation Schedule shall contain a schedule of all mitigation measures recommended in the EIA report, listing out what the mitigation measures are, by whom, when, where and to what requirements, and including the key environmental monitoring and audit requirements. The implementation Schedule shall be certified by the Environmental Manager and verified by the Independent Environmental Checker before submission to the Director. All measures included in the Implementation Schedule shall be fully implemented. (See Note 6).

2.20 The Permit Holder pursuant to

                       (I)            The Application for Variation No. VEP-084/2003 with respect to

(a)        revision of measures to mitigate the landfill gas risk;

                    (II)            The Application for Variation No. VEP-078/2002 with respect to

(b)       revision of location of noise barriers at West Rail Depot;

                  (III)            The Application for Variation No. VEP-067/2002 with respect to

(c)       revision of the 86m long full noise enclosure at Tuen Mun Station to semi-noise enclosure; and provide additional enclosure on the north of this enclosure;

                 (IV)            The Application for Variation No. VEP-062/2002 with respect to

(d)               increase in the elevation of viaduct by approximately 8m at Yick Yuen;

                    (V)            The Application for Variation No. VEP-045/2001 with respect to

(e)       reduction of train length from 12 cars to 9 cars with increase in train frequency from 30 to 40 trains per hour during 0600 to 0700;

(f)       reduction of train speed between Tin Shui Wai and Siu Hong from 130km/h to 100km/h;

(g)       revised locations of noise enclosure and additional height noise barriers at the north of Kam Sheung Road Station, near Pok Oi Hospital, the west of Long Ping Station, the west of Tin Shui Wai Station, Tin Sam Tsuen to Lam Tei and Tuen Mun;

                 (VI)            The Application for Variation No. VEP-020/2000

(h)       the construction method for the Tsing Tsuen Tunnel;

(i)        the revised alignment in Tsuen Wan;

(j)        the increased quantities of marine mud at Tsuen Wan Bay;

shall within 45 days, provide supplementary information for the Director's approval of any changes necessary to the submissions previously made to the Director in fulfilment of conditions 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.14, 2.16, 2.17, 2.18 and 2.19 above. All supplementary information shall be certified by the Environmental Manager and verified by the Independent Environmental Checker before submission to the Director. All mitigation measures arising from submitted supplementary information shall be fully implemented in accordance with the details and time schedule set out in the approved supplementary information.

2.21 All finalised submissions, as required under this part of the permit, shall be released to the public if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.


3. Submissions or Measures during the Construction Period

3.1 Within two months of commencement of construction of each of the Southern, Central, Northern and Western sections of the Project, the Permit Holder shall deposit with the Director environmental management plan(s) as recommended in the EIA Report [ref: register no EIA 149/1998]. Before their submission to the Director, the environmental management plan(s) shall be certified by the Environmental Manager and verified by the Independent Environmental Checker.

3.2 Within 6 months of the commencement of construction of the Northern Section and the 270m alignment from North Portal of Tai Lam Tunnel to West Rail Depot of the Project, the Permit Holder shall submit an implementation programme for the Habitat Creation and Management Plan submitted under condition 2.13 and obtain the approval of the Director. Before its submission to the Director, the implementation programme shall be certified by the Environmental Manager and verified by the Independent Environmental Checker. All measures recommended in the approved Habitat Creation and Management Plan and its implementation programme shall be fully implemented.

3.3 All design or construction measures described in the submissions approved or deposited under section 2, and conditions 3.1 and 3.2 above shall be fully implemented. Any changes to the measures shall be justified by Environmental Manager and verified by the Independent Checker as conforming to the requirements of the EIA Report [ref: register no EIA 149/1998]. (See Note 6).

3.4 In accordance with the information and recommendations contained in the EIA Report [ref: register no EIA 149/1998] and with reference to Annex B, measures to mitigate environmental impacts from site run-off and drainage shall be implemented.

3.5 In accordance with the information and recommendations contained in the EIA Report [ref: register no EIA 149/1998]) and with reference to Annex C, measures to mitigate water quality impacts during tunneling and station construction shall be implemented.

3.6 In accordance with the information and recommendations contained in the EIA Report [ref: register no EIA 149/1998] and with reference to Annex D, measures to mitigate water quality impacts during reclamation work and other construction activities shall be implemented.

3.7 For the construction of the Central Section at Tsuen Wan Bay Reclamation, the combined rate of filling and dredging shall not be exceeding 15,000cu.m. per day for filling and 1,000cu.m. per day for the duration of the 16-hour working days for dredging. The status of compliance with these rates shall be reported in the monthly EM&A reports in condition 4.5 of this Permit.

3.8 For the Tsuen Wan Central Salt Water Pumping Station at Tsuen Wan Bay Reclamation, silt curtain mitigation around dredging shall be adapted to maintain the flushing water intakes at acceptable levels.

3.9 Storm water culverts, including Tai Ho and Ma Tau Pa Culverts, shall be relocated along the existing coastline before dredging and reclamation filling being undertaken in order to avoid water quality impacts.

3.10 To mitigate the cultural heritage and archaeological impacts during construction:

(a)       The Director shall be informed immediately if any antiquities are discovered during the course of the construction works to further assess the cultural value of the items;

(b)       Direct impact to any historical buildings or structures identified shall be avoided. Devices shall be attached to the walls of those historical buildings next to the working site so as to monitor the impact of vibration on the structural stability of the historic buildings; and

(c)       a buffer zone of at least 5m shall be adopted between the Lau's residence at Tung Shing Lei (east of Yuen Long) and the site boundary for the construction work to avoid direct impacts to the buildings.

3.11 During the construction of the Northern Section, native species shall be included in the plant list for revegetation of finished cut slope and lineside planting.

3.12 The following measures shall be undertaken to protect the marsh habitat adjacent to Kam Tin Road as shown in Figure 4:

(a)       Bunding, sheet piling shall be installed at the works boundary within and adjacent to the marsh to prevent dewatering of the marsh outside the work areas. Such devices shall be removed on the completion of construction works;

(b)       Solid fencing shall be installed at the boundary of works area within and adjacent to the marsh. The works boundary shall be regularly inspected and any necessary maintenance of the fencing shall be undertaken within 24 hours; and

(c)       Works areas at the marsh that are not permanently occupied by the Project shall be reinstated back to original conditions immediately after the completion of the construction.

3.13 Fish ponds that are temporarily disturbed during construction shall be reinstated back to fish ponds after completion of construction.

3.14 The Permit Holder pursuant to

                       (I)            The Application for Variation No. VEP-084/2003 with respect to

(a)        revision of measures to mitigate the landfill gas risk;

                    (II)            The Application for Variation No. VEP-078/2002 with respect to

(b)       revision of location of noise barriers at West Rail Depot;

                  (III)            The Application for Variation No. VEP-067/2002 with respect to

(c)       revision of the 86m long full noise enclosure at Tuen Mun Station to semi-noise enclosure; and provide additional enclosure on the north of this enclosure;

                 (IV)            The Application for Variation No. VEP-062/2002 with respect to

(e)                increase in the elevation of viaduct by approximately 8m at Yick Yuen;

                    (V)            The Application for Variation No. VEP-045/2001 with respect to

(e)       reduction of train length from 12 cars to 9 cars with increase in train frequency from 30 to 40 trains per hour during 0600 to 0700;

(f)       reduction of train speed between Tin Shui Wai and Siu Hong from 130km/h to 100km/h;

(g)       revised locations of noise enclosure and additional height noise barriers at the north of Kam Sheung Road Station, near Pok Oi Hospital, the west of Long Ping Station, the west of Tin Shui Wai Station, Tin Sam Tsuen to Lam Tei and Tuen Mun;

                 (VI)            The Application for Variation No. VEP-020/2000

(h)       the construction method for the Tsing Tsuen Tunnel;

(i)        the revised alignment in Tsuen Wan;

(j)        the increased quantities of marine mud at Tsuen Wan Bay; 

shall within 45 days, provide supplementary information for the Director's approval of any changes necessary to the submissions previously made to the Director in fulfilment of condition 3.1. All supplementary information shall be certified by the Environmental Manager and verified by the Independent Environmental Checker before submission to the Director. All measures in the approved supplementary information shall be fully implemented in accordance with the details and time schedule set out in the approved supplementary information. (See note 6).

3.15 All finalised submissions, as required under this part of the permit, shall be released to the public if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.

4. Environmental Monitoring and Audit During Construction

4.1 Any changes to the EM&A arrangements as required under the EM&A Manual or under the Implementation Schedule shall be justified by the Environmental Manager, and verified by the Independent Environmental Checker in the monthly EM&A Reports and submitted to the Director under condition 4.5.

4.2 EM&A requirements shall be implemented as set out in the EM&A Manuals and monthly EM&A Reports unless the changes are justified in the monthly EM&A Reports submission, verified by the Independent Environmental Checker and approved by the Director.

4.3 Samples and measurements shall be taken in accordance with the requirements of noise, air quality, water quality monitoring, ecological in the EM&A Manual by:

(a)       conducting baseline air, noise and water quality monitoring at                        the specified locations and frequencies;

(b)       conducting impact monitoring on air quality, water quality, noise quality, and ecological resources at the specified locations and frequencies;

(c)       in cases where specified criteria in the EM&A Manual are exceeded, carrying out remedial actions in accordance with Event Contingency Plans, to be set out in the EM&A Manual; and

(d)       logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting EM&A Reports, and to make available for information for inspection on site,

4.4 Ten copies of the Baseline Monitoring Report certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be submitted to the Director one month before the commencement of any major construction works that would affect the monitoring results.

4.5 Ten copies of monthly EM&A Reports certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days from the end of the reporting month.