Environmental Permit No. EP-168/2003
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to the Major Works Management Office, Highways Department, Hong Kong SAR Government (hereinafter referred as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
Document in the Register :
The Project Profile and Application for Permission to Apply Directly for environmental permit for the “New Boundary Bridge between Lok Ma Chau and Huanggang” submitted on 9.4.2003. (EIAO Register Ref: PP188/2003 and DIR-081/2003)
Director’s Permission to Apply Directly for an Environmental Permit.
Letter Reference: ( ) to Ax(1) to EP2/N6/Q/52
Dated: 14 May 2003
信件檔號：( ) in Ax(1) to EP2/N6/Q/52
(Elvis W.K. AU)
Assistant Director of Environmental Protection
(Environmental Assessment and Noise)
for Director of Environmental Protection
(助理署長 (環境評估及噪音) 區偉光代行)
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit:
Title of Designated Project
New Boundary Bridge between Lok Ma Chau and Huanggang
[Hereafter referred to as the Project]
Nature of Designated
The construction and operation of a road bridge and associated works.
Location of Designated Project
Lok Ma Chau Boundary Crossing. The location of the project is shown in Figure 1 of this environmental permit.
Scale and Scope of Designated Project(s)
A new dual 2-lane boundary road bridge (as shown in Figure 2), and associated works between the Lok Ma Chau Control Point and the new boundary bridge proposed within the Mainland side.
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 the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the EIA Ordinance Register Office.
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(s) 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 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 location. 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 location 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 descriptions 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 all recommendations described in the Project Profile (PP181/2003); and the Director’s Permission to Apply Directly for environmental permit in the EIA Ordinance Register Office; the information or mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All deposited submissions, as required under this Permit, shall be rectified 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 variations 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 EIA 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 the Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA 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 EIA 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 at least 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.
1.13 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.
2. Measures to Ensure the Environmental Performance of the Project
2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than 2 weeks before 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 EM&A Manual as set out in condition 3.1. 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 Project Profile (Register No. PP-181/2003) 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 Project Profile (Register No. PP-181/2003) 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 EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed by the Permit Holder no later than 2 weeks 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 EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the 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 Project Profile (Register No. PP-181/2003) 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 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.
2.3 All proposed mitigation measures described in the Project Profile (EIAO Register Ref.: PP188/2003) shall be fully implemented during the construction and operation of the project. The measures shall include, inter alias, the followings:
(a) The new boundary bridge shall be vertically aligned with and at the immediate east of the existing bridge. The new piers of the bridge at Shenzhen River shall be in line with existing piers so as to minimize impacts to the sensitive receivers during construction and operation phases;
(b) During the construction of the project, the size of each of the cofferdams shall not be larger than 12x12m. The installation of the cofferdams and construction of bridge foundation shall be restricted to the dry season (between Nov - Mid March next year). After the completion of the foundation works, the cofferdams shall be removed immediately;
(c) To minimize the water quality impacts, silt and oil traps shall be installed to control site runoff. Debris and harmful materials shall be prevented from reaching drainage facilities of water bodies. Toilet facilities shall be provided and sewage shall be properly disposed of.
2.4 The Permit Holder shall deposit to the Director 3 sets of Landscape and Visual Mitigation Plans (the Plans) of scale 1 to 1000 scale or other appropriate scale as agreed by the Director, no later than 3 months after the commencement of construction of the Project, to detail the mitigation measures for the potential impacts of the Project. A list of landscape and visual mitigation measures at both construction and operation stages attached in Appendix A of this Permit shall be incorporated into the Plans. The Permit Holder shall provide additional copies of the Plans to the Director upon request from the Director. All measures recommended in the deposited Plans shall be fully implemented in accordance with the details set out in the Plans.
3. Environmental Monitoring and Audit (EM&A) Requirements during Construction Period
3.1 At least one month before the commencement of the Project, the Permit Holder shall submit to the Director for approval four hard copies and one electronic copy of EM&A Manual for the Project. The EM&A Manual shall detail the monitoring and audit requirements for the water quality monitoring during the period of nullah diversion and bridge support construction. The Manual shall contain remedial actions described in the Event/Action Plans and additional mitigation measures such as silt curtain to be implemented in the event of exceedances.The Manual shall also describe the IEC duties and responsibilities for the Project. Before submission to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the Project Profile (EIAO Register Ref. PP188/2003). All measures recommended in the approved EM&A Manual shall be fully and properly implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved under this Condition shall hereinafter be referred to as the “EM&A Manual”.
3.2 Any changes to the monitoring and audit requirements shall be justified by the ET leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual, and shall be submitted to the Director for approval.
3.3 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring on water quality;
(b) conducting impact monitoring on water quality;
(c) carrying out remedial actions described in the Event/Action Plans of the E M&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded;
(d) logging and keeping records of the details of (a) to (c) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
3.4 All EM&A data submitted under this Permit shall be true, valid and correct.
3.5 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction of the Project. The 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.
3.6 Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the 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). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
4. Electronic Reporting of EM&A Information
4.1 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 shall be submitted at the same time as the hard copies as described in Conditions 3 above 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 hard copies.
4.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
4.3 The Internet web site as described in Condition 4.2 above shall enable user-friendly public access to the environmental monitoring data and project information including theProject Profile (EIAO Register Ref. PP188/2003) and this Environmental Permit. The Internet web site shall have features capable of:
(a) providing access to all environmental monitoring data of this Project collected since the commencement of construction;
(b) providing access to all finalized submissions as required under this Permit;
(c) searching by date;
(d) searching by types of monitoring data (water quality, ecology, noise and air quality); and
(e) hyperlinking to relevant monitoring data after searching;
or otherwise as agreed by the Director.
2. The Permit Holder may apply under section 13 of the Environmental Impact Assessment Ordinance to the Director for a variation of the conditions of this environmental permit. The Permit Holder shall replace the original permit displayed on the construction site, 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 of 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 with the consent of the Secretary for Environment, Transport and Works, may suspend, vary or cancel this environmental permit. The cancelled permit shall be removed from the display on the operation site.
5. If this permit is cancelled or surrendered during the operation, an environmental permit must be obtained under the Ordinance before the operation of the project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.
6. All submissions as required under this permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.
7. Any person who operates the designated project contrary to the conditions in this 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.
8. Under section 17 of the EIA Ordinance, the applicant may appeal to the Appeal Board against the Director’s decision within 30 days of receipt of this environmental permit.
Environmental Permit No. EP-168/2003 境許可證編號
1. Measures to Mitigate Landscape and Visual Impacts during Construction
(i) Conservation (excavation and stockpiling on site) of topsoil shall be undertaken for re-use in landscape works. This includes the proper storage of topsoil to a maximum height of 2m.
(ii) Night-time lighting shall be controlled to minimize glare to sensitive receivers.
(iii) Replanting of disturbed vegetation shall be undertaken.
(iv) Screen hoarding, using decorative graphic and chromatic devices, shall be erected around the works wherever possible to screen the works from motorists and other receivers within the road corridor and adjacent areas.
(v) Planting within and at the perimeter of works sites shall be undertaken at the earliest possible stage before and during construction, and opportunities should be sought for undertaking any advance planting.
(vi) Existing trees of high amenity value shall be transplanted.
2. Measures to Mitigate Landscape and Visual Impacts for Operation
(i) Non-invasive climbing plants shall be used to soften the appearance of viaduct columns at ground level.
(ii) Planting shall be incorporated where possible to screen the road and bridge in low level views from adjacent areas, and to tone down the extent of hard paving and surfaces and reduce the amount of glare.
(iii) Sensitive architectural design of engineering and other built structures, including form and finishes, this will include but not limited to: paved surfaces, walls, columns, buildings and other structures etc, shall be used.
(iv) Lighting of road and bridge shall be designed to minimise glare to all receivers. Poles and fittings shall be designed to conform to the bridge design.
Figure 1 | Figure 2 | Appendix A
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