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, the Director of Environmental Protection (the Director) grants this environmental permit to the TERRITORY 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 and attached 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 第 10條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 ） 將 本 環 境 許 可 證 批 予 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 指 明 或 附 載 的 條 件 。 本 環 境 許 可 證 的 發 出 ， 乃 依 據 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ： -

PART B (DESCRIPTIONS 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 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 :

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 may constitute a contravention of the Environmental Impact Assessment Ordinance (the Ordinance) and may become the subject of appropriate action to be taken under the Ordinance.

1.2 This Permit Holder shall ensure full compliance with all legislation from time to time in force including without limitation the 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). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all document referred to in 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 understand all conditions and all requirements incorporated by the Permit. The site(s) refers to the site(s) of the construction, operation and decommissioning of the Project and should mean the same hereinafter.

1.5 The Permit Holder shall display a copy of this permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public 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 construction site(s).

1.6 The Permit Holder shall construct and operate the Project as described 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 recommended mitigation measures contained in the EIA Report (EIAO Register No. AEIAR 003/1998) and the Ecological Reassessment Report referred to in Part A of this Permit. Where recommendations in the EIA Report and the Ecological Assessment Report are not expressly referred in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or amended in this Permit.

1.8 All deposited submissions, as required under this Permit, shall be rectified 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 The Permit Holder shall notify the Director in writing of the commencement date of construction of the Project no later than 2 weeks 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.

1.10 All submissions to the Director, as 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).

1.11 The Permit Holder shall notify the Director the commencement date of construction of the Project at least 1 week prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.

2. Submissions or Measures before Commencement of Construction

2.1 Before the commencement of construction of the Project, an Independent Environmental Checker (IEC) with at least 7 years experience in environmental monitoring and auditing (EM&A) or environmental management. The IEC shall audit the overall EM&A programme including the implementation of environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying and certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

2.2 An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET shall be supervised by a team leader who has at least 7 years experience in EM&A or environmental management. 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 EM&A Manual.

2.3 Before the commencement of construction works, the Permit Holder shall deposit to the Director 3 sets of 1 in 1000 scale layout drawings, with an Explanatory Statement showing the works boundaries, drainage channel, ancillary road alignments and any other facilities assessed in the EIA Report/Ecological Reassessment Report. The layout drawings shall indicate the locations of environmental mitigation measures recommended in the EIA Report (Register No AEIAR 003/1998) and the Ecological Reassessment Report referred to in this Permit. The layout drawings and the Explanatory Statement so provided shall be verified and certified by the IEC as being in conformity to the information and recommendations contained in the EIA Report (Register No AEIAR 003/1998) and the Ecological Reassessment Report referred to in this Permit. The Project shall be constructed in accordance with the information and recommendations contained in the EIA Report (Register No AEIAR 003/1998) and the Ecological Reassessment Report.

2.4 The Permit Holder shall submit to the Director for approval 3 sets of 1 to 1000 scale Landscape Master Plan (the Plan), no later than 3 months after the commencement of construction of the Project. The Plan shall show the detailed landscape proposals during the construction and operation stages of the Project, and an implementation programme of the landscape works. The Plan shall include a management and maintenance schedule indicating how the landscape features will be managed and maintained. The Plan shall be verified and certified by the IEC, as being in conformity to the information and recommendations contained in the EIA Report (Register No AEIAR 003/1998). The Permit Holder shall provide additional copies of the Plan to the Director upon request from the Director. All measures recommended in the approved Plan shall be fully implemented in accordance with the details and time schedule set out in the Plan.

2.5 At least 4 weeks prior to the commencement of construction works, the Permit Holder shall submit to the Director for approval 3 sets of 1 to 500 scale Ecological Mitigation Plan (EMP). The EMP shall contain the detailed ecological mitigation proposals including, but not limited to the following measures to be adopted during the construction and operation stages of the Project:-

a) the grasscrete design of the channel sides and base;
b) the design of reedbeds and water clean-up area for Ponds 9, 11 and 11B; (location shown in Figure 2)
c) the pond re-profiling design of Ponds 12, 14 and 15; and (location shown in Figure 3)
b) an implementation programme of the ecological mitigation measures recommended in the EIA Report (Register No AEIAR 003/1998) and the Ecological Reassessment Report.

The EMP shall be verified and certified by the IEC, as being in conformity to the information and recommendations contained in the EIA Report (Register No AEIAR 003/1998). The Permit Holder shall provide additional copies of the EMP to the Director upon request from the Director. All measures recommended in the approved EMP shall be fully implemented in accordance with the details and time schedule set out in the Plan.

2.6 Three sets of an environmental method statement for the dredging, stockpiling and transportation of sediment; and the stockpiling and transportation of construction waste and excavated material from within the works boundaries shall be deposited with the Director before the commencement of construction of works. The submission to the Director shall be verified and certified by the IEC, as being in conformity to the information and recommendations contained in the EIA Report (Register No AEIAR 003/1998) and the Ecological Reassessment Report. All mitigation measures arising from the approved environmental method statement shall be fully implemented in accordance with the details and time schedule set out in the method statement.

2.7 Three sets of 1 to 1000 scale layout drawings for the following shall be verified and certified by the IEC as being in conformity to the information and recommendations contained in the EIA Report and the Ecological Reassessment Report referred to in this Permit and deposited with the Director before the commencement of the construction of the relevant works of the Project:

a) permanent drainage channels showing the incorporation of sediment traps/pits to enhance deposition; and

b) perimeter channels, and earth bunds at the site boundaries to intercept storm runoff from off-site.

2.8 The Permit Holder shall submit to the Director 3 sets of environmental method statement incorporating noise reducing measures recommended in sections 8.1.40 of the EIA Report (Register No. AEIAR 003/1998) and Section 3.7.6 of the EM&A Manual. The environmental method statement shall be verified and certified by the IEC and deposited with the Director at least 2 weeks before the commencement of construction works of the Project. The approved noise reducing measures shall be fully implemented.

3. Measures during the Construction Period

3.1 All design and construction measures described in the submissions approved or deposited under section 2 above shall be properly implemented.

3.2 The sides and base of the channel bank between chainage CH 1+340 and 3+545 shall be lined with grasscrete design detailed in the EMP to be approved under condition 2.5 above.

3.3 Ponds 9, 11 and 11B (location shown in Figure 2 of this Permit) shall be designed and constructed as a water clean-up area, which shall be included in the EMP to be approved under condition 2.5 above.

3.4 Ponds 12, 14 and 15 (location shown in Figure 3) shall be re-profiled in accordance with the proposals in the EMP to be approved under condition 2.5 above.

3.5 The channel banks shall be planted with tree species selected from the list set out in Table 5.15 of the EIA Report (Register No. AEIAR 003/1998).

3.6 To protect the egretry adjacent to the fung shui knoll (location shown in Figure 4 of this Permit), no piling works shall be carried out for the Project area north of Route 3 shown on Figure 1.6, between March and July for the entire construction period.

4. Environmental Monitoring and Audit Requirements

4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements set out in the EM&A Manual. Any changes to the programme shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.

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

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

b) conducting impact monitoring on air quality, noise quality, water quality and ecological 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 the Event/Action Plan, as 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 the Environmental Monitoring and Audit Reports and Independent Environmental Checker's Report, and to make available the information for inspection on site.

4.3 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

4.4 Four copies and one soft copy of the Baseline Monitoring Report verified by the Independent Environmental Checker shall be submitted to the Director 4 weeks before the commencement of any construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.

4.5 Four copies and one soft copy of monthly EM&A Report verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days after the end of the reporting month. Additional copies of the monthly EM&A Report may be required by the Director.

4.6 The submitted reports as required in condition 4.4 and 4.5 shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director's comments, or otherwise specified by the Director.

5. Electronic Reporting of EM&A Information

5.1 To facilitate public inspection of the Baseline Monitoring Report and monthly 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 submitted at the same time as the hard copies as described in Conditions 4.4 and 4.5 above. 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 hard copies.

6. Measures during the Operation Period

6.1 All design and operational measures described in the submissions approved or deposited under section 2 above shall be properly implemented.

6.2 Water shall be recirculated from the pumping station to the clean-up area.

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 that the following notes are for general information only.

2. 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 sites, by the amended Permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility for the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director may, with the consent of the Secretary for Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction sites.

5. If this permit is cancelled or surrendered during the construction or operation 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.

6. Any person who constructs or operates 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.

7. 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.

[ Back to First Page ] / [ Back to Main Index ]