Environmental Permit No. EP-257/2007

環境許可證編號EP-257/2007

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

環境影響評估條例

(499)

10

 

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 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to Castle Peak Power Company Limited (hereinafter referred to as the “Permit Holder”) to construct and operate the designated project(s) 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:

根據《環境影響評估條例》(環評條例)第10條的規定,環境保護署署長(署長)將本環境許可證批予青山發電有限公司(下稱許可證持有人)以建造及營B所說明的指定工程項目,但須遵守 C 所列明的條件。本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據﹕-

 

Application No.

申請書編號

AEP-257/2006

 

Document in the Register:

登記冊上的文件

 

 

(1) Liquefied Natural Gas (LNG) Receiving Terminal and Associated Facilities:- the approved Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit Manual and Executive Summary

(Register No. AEIAR-106/2007) [Hereinafter referred to as the “EIA Report”]

(1) 液化天然氣接收站及相關設施: 環境影響評估報告,  環境監察與審核手冊        及行政摘要 (登記冊編號: AEIAR-106/2007) [下稱「環評報告」]

 

 

(2) The Director’s letter of approval of the EIA report dated 3 April 2007 (Reference: (54) in EP2/G/L/136 Pt. 9)

(2) 署長於200743發出批准環評報告的信件(檔案編號: (54) in EP2/G/L/136 Pt. 9

 

 

 

(3) Application for Environmental Permit submitted by the Permit Holder on 19 October 2006 (Application No. AEP-257/2006)

(3) 許可證持有人於2006 10 19 日提交的環境許可證申請(申請書編號:AEP-257/2006

 

 

 

 

 

 

 

         3 April 2007          

Date

日期

 

                                                   

 

                                    

( Elvis W K Au )

for Director of Environmental Protection

環境保護署署長

區偉光


PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in PartA 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

 

Liquefied Natural Gas (LNG) Receiving Terminal and Associated Facilities

[This designated project is hereinafter referred to as “the Project”]

 液化天然氣接收站及相關設施

[這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

 

1.          A storage, transfer and trans-shipment of liquefied natural gas with a storage capacity of not less than 200 tonnes (item L.2 of Part I of Schedule 2 of EIAO);

2.          Dredging operation for the approach channel and turning circle that exceeds 500,000 m3 (item C.12 of Part I of Schedule 2 of EIAO).

3.          Installation of a submarine gas pipeline connecting the proposed LNG terminal at the South Soko Island and the Black Point Power Station (item H.2 of Part I of Schedule 2 of EIAO);

4.           Dredging operation for the installation of a submarine power cable connecting Shek Pik with the proposed LNG terminal at South Soko which is less than 500m from the nearest boundary of an existing Site of Cultural Heritage (item C.12(a) of Part I of Schedule 2 of EIAO); and,

5.           Potential dredging operation for the installation of a submarine water main connecting Shek Pik with the proposed LNG terminal at South Soko which is less than 500m from the nearest boundary of an existing Site of Cultural Heritage (item C.12(a) of Part I of Schedule 2 of EIAO).

 

 

1.          建造一個容量超過200公噸的液化天然氣儲存設施(《環評條例》附表2I部份的L.2項);

2.          接引水道和迴船圈所需的挖泥工程 (挖泥量逾500,000立方米)(《環評條例》附表2I部份的C.12項)。

3.          敷設一條連接位於大鴉洲擬建的液化天然氣接收站和龍鼓灘發電廠的海底輸氣管道(《環評條例》附表2I部份的H.2項);

4.          挖泥工程以配合敷設一組連接石壁和大鴉洲的海底電纜。石壁的工程將距離現有的文化遺產地點不足500(《環評條例》附表2I部份的C.12(a)項);

5.          在現有的文化遺產地點最近界線外不足500可能需要進行挖泥工程,以便敷設一條連接石壁水塘和在大鴉洲擬建的液化天然氣接收站的海底輸水管(《環評條例》附表2I部份的C.12(a)項)。

 

Location of Designated Project

指定工程項目的地點

Designated Project

指定工程項目

Location of the Project (s)

工程項目的地點

Liquefied Natural Gas Receiving Terminal and Associated Facilities液化天然氣接收站及相關設施

South Soko Island and about 0.6ha reclaimed land at South Soko waters

大鴉洲及大鴉洲水域約0.6公頃的填海土地

 

Dredging operation for approach channel and turning circle

接引水道和迴船圈所需的挖泥工程

 

Marine waters around South Soko Island

大鴉洲鄰近的海洋水域

Installation of submarine gas pipeline, including the associated dredging works, connecting the proposed LNG terminal and Black Point Power Station

敷設海底輸氣管道,包括相關的挖泥工程,以連接擬建的液化天然氣接收站和龍鼓灘發電廠

South Soko Island connecting to Black Point Power Station via marine waters near the southwest, west and northwest of Lantau Island

經大嶼山西南、西面及西北附近海洋水域,連接大鴉洲至龍鼓灘發電廠

 

Dredging operation for installation of a submarine power cable connecting Shek Pik with the proposed LNG terminal at South Soko

為敷設一組連接石壁和大鴉洲擬建的液化天然氣接收站的海底電纜進行挖泥工程

South Soko Island connecting to Shek Pik through waters in South Lantau Island

經大嶼南面水域,連接大鴉洲至石壁

Dredging operation for the installation of a submarine water main connecting Shek Pik with the proposed LNG terminal at South Soko

為敷設一條連接石壁和大鴉洲擬建的液化天然氣接收站的海底輸水管進行挖泥工程

South Soko Island connecting to Shek Pik through waters in South Lantau Island

經大嶼南面水域,連接大鴉洲至石壁

 

The location of the Project is shown in Figures 1 and 2 attached to this Permit.

工程項目的位置見載於本許可證夾附的12

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

(i)                  Site formation and reclamation works

(ii)                 Jetty including unloading arms capable of accommodating LNG carriers with capacities ranging from 125,000 m3 up to a class of 215,000 m3;

(iii)               Process Area;

(iv)               Three full containment cryogenic LNG Tanks (capacity of up to 180,000 m3each);

(v)                Low Pressure and High Pressure pumping systems;

(vi)               Vaporization (Re-gasification) Area;

(vii)             Seawater intake and outfall systems;

(viii)            Vents (low pressure and high pressure);

(ix)               Ancillary features: (Guard House, Maintenance Workshop, Administration Building, Utility Area, Control Room);

(x)                Submarine gas pipeline;

(xi)               A gas receiving station at the BPPS to receive the gas and send it on to the power station ;

(xii)             Submarine power cable and water main to connect the terminal to electricity and water supply sources on Lantau Island;

(xiii)            Provision of gas turbines for onsite power generation.

 

(i)                  地盤平整及填海工程

(ii)                 碼頭連同卸載臂,可容納容量介乎125,000立方米215,000立方米的液化天然氣運輸船。

(iii)               工序處理區

(iv)               三個全密封低溫液化天然氣儲存缸(每個容量達180,000立方米;

(v)                低壓及高壓泵系統;

(vi)               蒸發器(再氣化)區;

(vii)             海水抽取及排放系統;

(viii)            排氣系統(低壓及高壓);

(ix)               附屬設施:(警衛室、維修工場、行政樓、公用設施區、控制室);

(x)                海底輸氣管道;

(xi)               在龍鼓灘發電廠建造一個天然氣接收點,用於接收天然氣並輸送至龍鼓灘發電廠;

(xii)             海底電纜和食水輸水管,用於連接接收站至大嶼山的電和水供應來源;

(xiii)            在大鴉洲島上安裝燃氣渦輪發電機。

 

 


 

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 Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) 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 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 and operation 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 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 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 EIA Report (Register No.: AEIAR-106/2007), other relevant documents in the Register; and the information or mitigation measures described in this Permit, and 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.

 

1.8              All 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 as specified by the Director.

 

1.9              All submissions approved by the Director, all submissions deposited without comments by the Director, and 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).

 

1.10          The Permit Holder shall release all finalised 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 means as specified by the Director, for public inspection.  For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

 

1.11          The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least two weeks before 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.

 

1.12          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 finalised 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 hardcopies.

 

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          The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

 

2.                  Submissions or Measures before Commencement of Construction of Project

 

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

 

2.1              An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project with the following requirements. 

(i)                  The ET shall be headed by an ET Leader.  The ET Leader shall be a person who has at least 7 years’ experience in environmental monitoring and auditing (EM&A) or environmental management. 

(ii)                 The ET and the ET Leader shall be responsible for the duties defined in the EM&A Manual submitted and approved under Condition 2.3 of this Permit. 

(iii)               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. 

(iv)               The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-106/2007) or this Permit.  The ET Leader shall notify the Independent Environmental Checker (IEC) specified in Condition 2.2 below within one working day of the occurrence of any such instance or circumstance or change of circumstances.

(v)                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 approved EIA Report (Register No. AEIAR-106/2007) or this Permit or by the Director or his authorized officers. 

(vi)               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.

(vii)             The ET shall not be in any way an associated body of the Contractor(s) or IEC for the Project.

 

2.2              An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project with the following requirements.

(i)                  The IEC shall be a person who has at least 7 years’ experience in environmental monitoring and audit (EM&A) or environmental management.

(ii)                 The IEC shall be responsible for duties defined in the EM&A Manual submitted and approved under Condition 2.3 of this Permit, and shall audit the overall EM&A programme described in the EIA Report (Register No. AEIAR-106/2007), including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit.

(iii)               The IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.

(iv)               The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.

(v)                The IEC shall notify the Director by fax, within 24 hours of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-106/2007) or this Permit, which might affect the monitoring or control of adverse environmental impact. Where the IEC fails to 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 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.

(vi)               The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.

 

Updating of the Environmental Monitoring and Audit Manual

 

2.3              The Permit Holder shall, no later than one month before the commencement of the works, submit to the Director for approval twenty hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated 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 approved EIA Report (Register No. AEIAR-106/2007). The updated EM&A Manual shall include the updated structure and responsibilities of EM&A personnel engaged for the Project and the updated environmental monitoring and audit requirements of this Permit.  

 

2.4              The updated EM&A programme shall include the verification of predictions in the approved EIA report (Register No. AEIAR-106/2007) against the criteria adopted in the approved EIA report (Register No. AEIAR-106/2007) and the effectiveness of proposed measures in the approved EIA report (Register No. AEIAR-106/2007). 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

 

Monitoring and Auditing Requirements on the Residual Chlorine Discharge, the Cooling Water System and Biodiversity Surveys on Marine Mammals

 

2.5              The updated EM&A Manual shall include the latest information of the EM&A programme for the water quality monitoring particularly with respect to residual chlorine and temperature at and around the discharge point of the cooling water system; a biodiversity survey plan and a requirement to report regularly all recommendations made by the Environmental Monitoring Committee set up under Condition 2.6 below. 

 

Set up of an Environmental Monitoring Committee

 

2.6              The Permit Holder shall set up an Environmental Monitoring Committee (EMC) before the commencement of construction of the Project to advise on and monitor the effectiveness of the proposed mitigation measures and environmental performance of the Project according to the approved EIA Report (Register No. AEIAR-106/2007) and the approved EM&A Manual. In addition, the EMC shall review and monitor all the submissions and monitoring results under the approved EM&A Manual.

 

2.7              The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the Advisory Council on the Environment (ACE) of the membership and terms of reference of the EMC and shall take into account the views of the ACE.

 

2.8              The Permit Holder shall report to the ACE on a half yearly basis the operation and findings of the EMC in respect of the effectiveness of the proposed mitigation measures, the monitoring results and the environmental performance of the Project.

 

2.9              The Permit Holder shall place all minutes of meeting, the relevant documents and the associated papers of the EMC on the dedicated website set up by the Permit Holder under Condition 6.2, within one month of the day of the meeting. 

 

Set up of a Scientific and Educational Advisory Committee

 

2.10          The Permit Holder shall set up a Scientific and Educational Advisory Committee (SEAC) before the commencement of construction of the Project. The SEAC is to advise on and monitor the effectiveness of the proposed enhancement measures of the Project according to the Environmental Enhancement Plan (EEP) and the approved EIA Report (Register No. AEIAR-106/2007).

 

2.11          The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the ACE of the membership and terms of reference of the SEAC and shall take into account the views of the ACE.

 

2.12          The Permit Holder shall place all minutes of meeting, the relevant documents and the associated papers of the SEAC on the dedicated website set up by the Permit Holder under Condition 6.2, within one month of the day of the meeting. 

 

Submission of Environmental Enhancement Plan

 

2.13          No later than one month before the commencement of construction of the Project, the Permit Holder shall submit an Environmental Enhancement Plan to the satisfaction of the Director of Agriculture, Fisheries and Conservation (DAFC) and obtain the approval of the Director, including the commitment, design, management, and programme of the EEP with a view to protecting, restoring and enhancing the marine life and the environment of the Soko Islands.  The EEP shall have details of the enhancement measures including but not limited to the feasibility study for artificial reef deployment, biodiversity surveys and other educational facilities and activities.  The Permit Holder shall identify environmental constraints, and monitor and review the effectiveness of the proposed enhancement measures specified in the EEP in order to ensure that the proposed enhancement measures specified in the EEP are successfully implemented and maintained. The EEP shall be prepared and finalized in accordance with the approved EIA Report (Register No. AEIAR-106/2007) including the further information submitted under Section 8(1) of the Environmental Impact Assessment Ordinance (EIAO) during the processing of the EIA report (Register No. AEIAR-106/2007). The extent of enhancement measures in the EEP shall not be less than those described in the approved EIA report (Register No. AEIAR-106/2007) and the further information submitted under Section 8(1) of the EIAO. 

 

2.14          Before submission to the DAFC and the Director, the Permit Holder shall submit the EEP to the SEAC for consultation and the EEP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-106/2007) including the further information submitted under Section 8(1) of the EIAO.

 

2.15          The Permit Holder shall report to the ACE the progress of the implementation and management of the EEP as stipulated in Condition 4.26 below.

 

Set up of an Environmental Management System for the Construction Phase

 

2.16          The Permit Holder shall, before the construction of the Project, develop and implement an Environmental Management System (EMS) for the construction of the Project.  The EMS shall ensure that the construction of the Project is in an environmentally friendly manner and in accordance with all relevant environmental legislation.   

 

2.17          The EMS shall include at least regular audits of the Project to ensure that it is properly constructed and maintained to avoid or minimize any adverse environmental impact.  The Permit Holder shall engage an Environmental Manager to oversee and implement the EMS.  The Environmental Manager shall be a person who has at least 10 years of experience in Environmental Monitoring and Audit (EM&A) or environmental management. The EMS shall be certified under ISO 14000 within 1 year after it is set up.

 

2.18          The Permit Holder shall report to the ACE on the progress of the implementation and management of the EMS on an annual basis.

 

2.19          The Permit Holder shall place all reports and the associated documents prepared under the EMS on the dedicated website set up by the Permit Holder under Condition 6.2. 

 

Submission of Project Layout Plan(s) for the LNG Terminal and LNG pipeline and Information on LNG carrier

 

2.20          No later than one month before the commencement of construction of the Project, the Permit Holder shall deposit with the Director 3 sets of design plan for the LNG terminal, the submarine natural gas pipeline and the LNG carriers of appropriate scale as agreed with the Director. The plan(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-106/2007).  The Project shall be constructed and operated in accordance with the deposited plans.

 

Measures for Mitigating Visual Impact

 

2.21          To minimize the visual impact arising from the Project,

(i)      the height of the LNG storage tanks at South Soko shall not be over 61mPD; and

(ii)    in addition to the landscape mitigation plantings proposed in the approved EIA report (Register No. AEIAR-106/2007), new plantings shall be provided to the maximum possible extent to help integrate the LNG facilities into the surrounding landscape.

 

High Degree of Transparency of the Project

 

2.22          To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and auditing data and results, the approved EM&A Manual, the approved EEP and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated website set up by the Permit Holder under Condition 6.2 below, in the shortest possible time and not later than two weeks after such information is deposited or approved by the Director.

 

2.23          Within three months of the commencement of construction of the Project, the Permit Holder shall install and thereafter maintain a system of web cameras covering all major construction works areas in and around South Soko. The system shall provide real time 24 hours each day visual monitoring of the site conditions and the areas in vicinity and shall be accessible by the public through the dedicated website set up by the Permit Holder under Condition 6.2. Within one month of the commencement of construction of the Project, the Permit Holder shall propose a plan and a system of web cameras for the Director's agreement.

 

3.                  Submissions or Measures for the Construction of the Project

 

Management Organization of Main Construction Companies

 

3.1              The Permit Holder shall, within one month after the commencement of construction of relevant part of the Project, inform the Director in writing of the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

Submarine Natural Gas Pipeline, Submarine Watermain and Submarine Power Cable

 

3.2              The construction methods and alignment for the submarine watermain and submarine power cable between South Soko and Shek Pik, and the construction methods and alignment for the submarine natural gas pipeline between South Soko and Blackpoint shall be adopted as shown in the Figures 4 and 5 of this Permit respectively. The protection cover for the submarine natural gas pipeline, the submarine watermain and the submarine power cable shall not protrude above the original seabed level.

 

3.3              The following rates of jetting speed shall be adopted respectively:

(i)          Jetting speeds shall be limited to a maximum of 65 m hr-1 for the submarine water mains construction from South Soko to Shek Pik as shown in the Figure 4.

(ii)        Jetting speeds shall be limited to a maximum of 150 m hr-1 for the submarine power cable circuit construction from South Soko to Shek Pik as shown in the Figure 4.

 

Measures to Mitigate Water Quality and Marine Ecological Impacts

 

3.4              A pilot test shall be established before the dredging works and jetting works at a suitable location to be agreed with the Director. The pilot test shall include the testing on the effectiveness of silt curtains with reference to the reduction factors used in the approved EIA report (Register No. AEIAR-106/2007). The details of pilot test including monitoring station, frequency, reporting and actions shall be agreed with the Director in advance of conduct of the pilot test.

 

3.5              No jetting methods shall be allowed for the construction of the submarine natural gas pipeline between South Soko and Blackpoint.

 

3.6              Silt curtains (stand type or cage type) at various locations and other mitigation measures such as the types and numbers of plant for relevant marine works (as described in Table 1 below) shall be deployed during the dredging/jetting works for the project. Details of silt curtain installation shall be submitted to the IEC for verification prior to the commencement of dredging/jetting works.  

 

 

Table 1: Summary of Mitigation Measures during the Dredging and Jetting Activities for the LNG Project

Item

Marine Work

Location (Zone)

Marine Work

and Plant Type

No. of Plants

Specific Mitigation Measures

(a)

Western Berth, South Soko

 

Dredging by Closed Grab Dredger

 

1

Double-Layer silt curtain shall be provided at Pak Tso Wan (see Figure A1.2) during the dredging activities at western berth. Cage type silt curtain shall be installed next to the grab dredger.

(b)

Sai Wan Western Berth, South Soko

 

Sandfilling by Pelican Barge

 

1

Seawall (completely constructed) in place prior to the reclamation works. In case the seawall trench is filled with sand instead of rock, a silt curtain (stand type) enclosing the sandfilling area, see Figure A1.2 shall be installed.

(c)

Tung Wan Eastern Berth, South

 

Dredging by Closed Grab Dredger

 

1

Cage type silt curtain shall be installed next to the grab dredger to minimise the sediment dispersion.

(d)

Approach Channel and Turning Basin

 

 

Dredging by Closed Grab Dredger or Trailing Suction Hopper Dredgers (TSHD)

 

3 grabs or 2 grabs + 1 TSHD

 

Silt curtain (cage type, see Figure A1.3) shall be used during grab dredging activities at the approach channel and turning basin. Silt curtain (stand type) shall be provided at South of South Soko to protect the False Pillow Coral (Pseudosiderastrea tayami) (see Figure A1.1). Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, additional silt curtain (stand type) (see Figure A1.1) shall be installed at the edge of the channel dredging area.

(e)

Submarine Water Main (at South Soko shore approach)

 

Dredging by Closed Grab Dredger

 

1

Double-layer silt curtain shall be provided at Pak Tso Wan (see Figure A1.2) during the dredging activities at western berth. Cage type silt curtain shall be installed next to the grab dredger.

(f)

Submarine Water Main (at Shek Pik shore approach)

Dredging by Closed Grab Dredger

 

1

N.A.

(g)

Submarine Water Main (waterway crossing sand borrow area and marine navigation channel)

Dredging by Closed Grab Dredger

 

1

N.A.

(h)

Submarine Water Main (near South Soko)

 

Jetting by Jetting machine

 

1

Double-layer silt curtain (Figure A1.2) shall be provided at Pak Tso Wan during the jetting activities near Pak Tso Wan, South Soko

(i)

Submarine Water Main (near Shek Pik)

Jetting by Jetting machine

1

N.A.

 

(j)

Submarine Cable Circuit

 

Jetting by Jetting machine

 

1

Double-Layer silt curtain (Figure A1.2) shall be provided at Pak Tso Wan during the jetting activities near Pak Tso Wan, South Soko

(k)

Submarine Intake

 

Dredging by Closed Grab Dredger

1

N.A.

 

(l)

Cooled Water Outfall

 

Dredging by Closed Grab Dredger

1

N.A.

 

(m)

Gas Receiving Station at Black Point

Dredging by Closed Grab Dredger

2

N.A.

 

(n)

Gas Receiving Station at Black Point

Sandfilling by Pelican Barge

1

N.A.

(o)

Gas Pipeline (KP 0 – KP1 )

 

Dredging by Closed Grab Dredger

 

1

Double-Layer silt curtain (see Figure A1.2) shall be provided at Pak Tso Wan during the dredging activities near the west of South Soko. Cage type silt curtain shall be installed next to the grab dredger.

(p)

Gas Pipeline (KP 1 – KP24.5)

 

Dredging by TSHD

 

1

The TSHD shall be operated 12 hours a day and the dredging works shall avoid the Indo-Pacific Humpback Dolphin (Sousa chinensis) calving season from March to August.

(q)

Gas Pipeline (KP 24.5 – KP31)

 

Dredging by Closed Grab Dredger

 

3

Cage type silt curtain shall be used during grab dredging activities along Lung Kwu Chau/Sha Chau Marine Park Boundary.

(r)

Gas Pipeline (KP 31 – KP33.5)

 

Dredging by Closed Grab Dredger

 

1

Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, silt curtain (cage type) (see Figure A1.3) shall be used during the dredging activity.

(s)

Gas Pipeline (KP 33.5 – KP33.976)

 

Dredging by Closed Grab Dredger

 

1

Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, silt curtain (cage type) (see Figure A1.3) shall be used during the dredging activity.

(t)

Gas Pipeline (KP 33.976 – KP35.39)

 

Dredging by Closed Grab Dredger

 

1

Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, silt curtain (cage type) (see Figure A1.3) shall be used during the dredging activity.

(u)

Gas Pipeline (KP 35.39 – KP37)

 

Dredging by Closed Grab Dredger

 

1

Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, silt curtain (cage type) (see Figure A1.3) shall be used during the dredging activity.

(v)

Gas Pipeline (KP 37 – KP37.803)

 

Dredging by Closed Grab Dredger

 

1

Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, silt curtain (cage type) (see Figure A1.3) shall be used during the dredging activity.

(w)

Gas Pipeline (KP 37.803 – KP38.303)

 

Dredging by Closed Grab Dredger

 

1

Should exceedance of the allowable limits stipulated in the approved EM&A manual submitted under condition 2.3 occur during water quality monitoring, silt curtain (cage type) (see Figure A1.3) shall be

used during the dredging activity.

 

3.7              Dive monitoring on corals shall be conducted in accordance with the details specified in the approved EM&A Manual under Condition 2.3. 

 

On-site Wastewater Discharge

3.8              The Permit Holder shall control the wastewater discharge from temporary on-site facilities to prevent direct discharges to marine waters. If the working population is more than 500 people, a sewage treatment plant shall be constructed. If the working population is less than or equal to 500 people, portable chemical toilets could be used in lieu. 

 

Measures to Manage Wastes and Submission of Waste Management Plan

 

3.9              The disposal site for the dredged marine sediment shall be identified in discussion with the Marine Fill Committee (MFC) and the Director before the commencement of dredging works. A total of 3.89 Mm3 marine sediment, with 1.55 Mm3 contaminated sediments (Category M & H sediments) and 2.34 Mm3 uncontaminated sediments (Category L sediments), are allowed to be dredged during the construction stage of the Project. The Permit holder shall inform the Director if the estimated amounts are to be increased and obtain the agreement from the MFC regarding the disposal of the additional marine sediment from this Project. The Permit Holder shall inform the Director of the location of disposal site which have been agreed by the MFC prior to the commencement of the dredging works.

 

3.10          The Permit Holder shall, no later than one month after the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of a Waste Management Plan (WMP) for the construction stage of the Project. The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-106/2007). The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment, the estimated rate of C&D materials generation and disposal, and the recommended mitigation measures on waste management as set out in Section 7.6 of the approved EIA Report (Register No. AEIAR-106/2007). The WMP shall indicate the disposal arrangement of the sediments dredged arising from the dredging and the reclamation works and also the installation of the submarine natural gas pipeline during construction stage of the Project, and the disposal arrangements and locations of C&D materials and other wastes. A trip ticket system shall be included in the WMP. All measures recommended in the WMP shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the construction period.

 

Measures to Mitigate Marine Ecological Impacts

 

Measures for Indo-Pacific Humpback Dolphin (Sousa chinensis) and Finless Porpoise (Neophocaena phocaenoides)

 

3.11          All vessel operators working on the Project during construction or operation shall be given a briefing, alerting them to the possible presence of cetaceans in the area, and developing and implementing guidelines for safe vessel operations in the presence of cetaceans.  If high speed vessels are used, they shall be required to slow down to below 10 knots when passing through a high density dolphin area (west Lantau, Sha Chau and Lung Kwu Chau Marine Park, the waters around Soko Islands). 

 

3.12          To limit potential construction impacts to cetaceans from underwater percussive pilling, the following shall be carried out:

 

(i)                  Qualified observer(s) shall scan an exclusion zone of 500 m radius around the marine work area for at least 30 minutes, prior to the commencement of piling works, from the barge or an elevated observation point on land.  If cetaceans are observed in the exclusion zone, piling works shall be delayed until cetaceans have left the exclusion zone;

(ii)                When cetaceans are spotted by qualified personnel within the exclusion zone, the marine works shall cease and shall not be resumed until the observer confirms that the exclusion zone has been continuously clear of cetaceans for a period of 30 minute;

(iii)               The percussive pile driving activities shall be restricted to a daily maximum of 12 hours with daylight operations avoiding generation of underwater sounds at night time;

(iv)              Percussive pile driving shall not be conducted during the peak calving season between October and January of the Neophocaena phocaenoides.

(v)                Only hydraulic hammers shall be used;

(vi)              The ‘ramping-up’ of the piling hammer shall be instigated gradually in order to control the increase of the level of underwater sound generation;

(vii)             Acoustic decoupling of noisy equipment on work barges shall be undertaken;

(viii)           Bubble curtain/jacket shall be installed;

(ix)              A pilot test shall be conducted to verify the effectiveness of the design of bubble jacket proposed by the Contractor for reducing underwater sound levels generated from marine percussive pile driving. The methodology and protocol for the test shall be agreed with the Director of Agriculture, Fisheries and Conservation (DAFC) or the Director;

 

3.13          To limit potential construction impacts to cetaceans arising from dredging works for the submarine pipeline, the following shall be carried out:

 

(i)                  A marine mammal exclusion zone within a radius of 250 m from dredgers shall be implemented during all dredging works taking place in daylight hours.  Qualified observer(s) shall scan an exclusion zone of 250 m radius around the work area for at least 30 minutes prior to the start of dredging.  If cetaceans are observed to be inside the exclusion zone, dredging shall be delayed until cetaceans have left the exclusion zone. 

(ii)                No dredging works along the entire pipeline route shall be conducted during the peak calving season (i.e. from March and August) of the Sousa chinensis.

(iii)               Except for the pipeline section along Urmston Road, dredging works shall be restricted to a daily maximum of 12 hours with daylight operations. 

 

3.14          To limit potential construction impacts to cetaceans from dredging works for the LNG carrier approach channel and turning circle, the following shall be carried out:

(i)                  A marine mammal exclusion zone within a radius of 250 m from dredgers shall be implemented during the dredging works.  Qualified observer(s) shall scan an exclusion zone of 250 m radius around the work area for at least 30 minutes prior to the commencement of dredging.  If cetaceans are observed in the exclusion zone, dredging shall be delayed until they have left the area. 

(ii)                Dredging works shall be restricted to a daily maximum of 12 hours with daylight operations

(iii)               No dredging works shall be conducted during the peak calving season between October and January of the Neophocaena phocaenoides.

 

3.15          The Permit Holder shall give at least 48 hours prior notice in writing to the Director of Agriculture, Fisheries and Conservation (DAFC) on the detailed implementation programme of the marine mammals exclusion zone under Condition 3.12 (i), 3.13 (i), 3.14 (i) and 4.19 (i) with specific information on the date, time and place of commencement.

 

3.16          A qualified observer(s) shall be engaged to carry out the works relating to marine mammal exclusion zone as described in Conditions 3.12 (i), 3.12(ii), 3.13(i), 3.14 (i) and 4.19 (i) of this Permit. The qualification and experience of the qualified observer(s) shall be to the satisfaction of the DAFC.

 

3.17          Pre-construction, during and post-construction monitoring of marine mammals shall be conducted. The exact protocol shall be submitted to the satisfaction of the DAFC. Any marine mammal strandings sighted by the operators, observers or other personnel on board the monitoring vessel or any other works related vessels shall be reported to the DAFC immediately. The Permit Holder shall provide the sighting, effort and photographic data in electronic format to the DAFC by the end of each month after the monitoring activities have been conducted.

 

Measures to Monitor and Protect Amphioxus (Branchiostoma belcheri)

3.18          Pre-construction and post-construction surveys of amphioxus within Tung Wan shall be conducted to confirm the presence or otherwise of this species in the benthic sediments.

 

3.19          The surface runoff or extracted ground water contaminated by silt and suspended solids shall be collected by the on-site drainage system and discharged into storm drains after the removal of silt in silt removal facilities. The discharge location shall not be directed to the Tung Wan area.

 

Measures to Protect Fish fry at Pak Tso Wan

3.20          The Permit Holder shall ensure that the works will not cause any visible foam, oil, grease, litter or other objectionable matter to be present in the water within and adjacent to the Pak Tso Wan.

 

Measures to Mitigate Terrestrial Ecological Impacts

 

Measure to Protect Abandoned Wet Agricultural Land

3.21          The Permit Holder shall erect fences along the boundary of the remaining part of the abandoned wet agricultural land at Southeast of South Soko Island before the commencement of works.

 

3.22          No construction work shall be carried out at the abandoned wet agricultural land near Sheung Tsuen.

 

Transplanting Proposal and Compensatory Planting Proposal

3.23          To avoid impacts on affected plant species of conservation interest, such as Golden Eulophia (Eulophia flava) in South Soko, a detailed vegetation survey within the impacted shrubland and Project Area shall be conducted by a suitably qualified botanist/ ecologist to identify and record the affected individuals prior to the commencement of site clearance for the construction of the Project.  Feasibility and suitability of transplanting the affected plant shall be carefully studied and suitable receptor sites shall be identified. 

 

3.24          The Permit Holder shall, at least one month before commencement of tree transplantation prepare a detailed transplanting proposal to the satisfaction of the DAFC and obtain the approval of the Director.  Four hard copies and one electronic copy of the approved detailed transplantation proposal shall be deposited with the Director. Detailed transplantation proposal shall include transplantation methodology, receptor site, implementation programme, watering requirement, post-transplanting monitoring and personnel involved.  The Permit Holder shall implement the detailed transplantation proposal as set out in the approved proposal.

 

3.25          Transplantation shall be undertaken and supervised by a suitably qualified botanist/ horticulturist. 

 

3.26          After transplantation, monitoring shall be undertaken to check the performance and health conditions of the transplanted individuals on a weekly basis in the first month after transplantation, and on a monthly basis thereafter for the coming eleven months.  Remedial actions shall be discussed with the DAFC or the Director in the event of unsuccessful transplantation. 

 

3.27          The Permit Holder shall provide compensatory tree and shrub planting for the loss of secondary woodland, shrubland, grassland and revegetate the temporary lost habitat including the areas of the temporary construction stores and spoil storage area.

 

3.28          The Permit Holder shall, at least one month before commencement of construction of the Project, prepare a compensatory planting proposal to the satisfaction of the DAFC and obtain the approval of the Director.  Four hard copies and one electronic copy of the approved compensatory planting proposal shall be deposited with the Director. 

 

3.29          The compensatory planting proposal shall include:

 

(a)    the locations, size, number and species of plantings;

 

(b)   design details;

 

(c)    implementation programme;

 

(d)   maintenance and management schedules; and

 

(e)    drawings in the scale of 1:1000 or other appropriate scale showing the locations of these compensatory plantings.

 

3.30          Before submission to the DAFC and the Director, the compensatory planting proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report.  All recommended measures shall be fully and properly implemented in accordance with the details and time schedules as set out in the deposited proposal.

 

3.31          The Permit Holder shall erect solid fences along the boundary of the works area before the commencement of works to prevent vehicle movements, and encroachment of personnel, onto adjacent areas.

 

Measures to Mitigate Fisheries Impacts

 

3.32          In order to ensure that the seabed affected by pipeline works has been restored to its original configuration to prevent impacts to fishing operations due to changes in seabed profile, 2 geophysical surveys shall be conducted in the post-construction phase of the pipeline works, with the first one right before the operation of the project and the second one at 3 years after the operation of the project.

 

Submission of the Landscape Master Plan

 

3.33          The Permit Holder shall submit a Landscape Master Plan, designed by a registered landscape architect, to the EMC for consultation before the Plan is submitted to the Director for approval. The Landscape Master Plan shall obtain the approval of the Director at least one month before commencement of the construction of the project.  Four hard copies and one electronic copy of the approved Landscape Master Plan shall be deposited with the EMC, the ACE and the Director. 

 

3.34          The Landscape Master Plan shall include the locations, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing all the recommended landscape and visual mitigation measures in the approved EIA Report (Register No. AEIAR-106/2007) and Figure 7 of this Permit.  The measures shall include all hard and soft external works and finishes (including colour schemes).  All recommended measures shall be fully and properly implemented in accordance with the Landscape Master Plan and under the supervision of a registered landscape architect, assisted by a qualified ecologist. 

 

3.35          Before submission to the EMC and the Director, the Landscape Master Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report (Register No. AEIAR-106/2007).

 

3.36          The Permit Holder shall report to the ACE the progress of the implementation and management of the Landscape Master Plan as stipulated in Condition 3.33 above and shall take into account the views of the ACE.

 

Measures for Mitigating Glare Impact during the Construction Phase

 

3.37          All of the major light sources such as spot lights mounted on the external fencing shall be pointed inward and downward to reduce light spill.

 

Measures for Mitigating Impact on Cultural Heritage

         

          Archaeological survey for the relocation site of the Tai A Chau Tin Hau Temple

3.38          The Permit Holder shall, no later than one month before the commencement of construction of the Project, conduct an archaeological survey for the relocation site of the Tai A Chau Tin Hau Temple to confirm if there is any archaeological impact to the relocation site for the Tai A Chau Tin Hau Temple. If archaeological deposits are identified, measures for salvage of archaeological deposit shall be implemented prior to the commencement of the relocation work.

 

Archaeological Action Plan

3.39          The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit with the Director of Leisure and Cultural Services (D of LCS) and the Director four hard copies and one electronic copy of an Archaeological Action Plan (AAP). The AAP shall include the following:

(i)      a detailed plan for rescue excavation for Sites B to E and impacted area of Site A;

(ii)    a detailed plan for archaeological watching brief (archaeological monitoring) at the buffer areas of Sites A to E; and

(iii)   a contingency plan to address possible arrangement when significant archaeological findings are unearthed for item (i) and (ii).

 

3.40          The locations of the impacted sites (i.e. Sites A to E) and their buffer zones required rescue excavation and watching brief respectively are shown in Figure 6 attached to this Permit.

 

3.41          No construction works shall be commenced at Site A to E and their buffer zones (within 10m from the Sites A to E) as shown in Figure 6 of this Permit before the rescue excavation and contingency plan for the these respective sites are completed by the Permit Holder. The buffer zones are shown in Figure 6 which are subject to amendment if significant archaeological findings are unearthed in the course of rescue excavation.

 

3.42          The AAP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-106/2007). The AAP shall also be submitted to and agreed with the D of LCS or the Director by the project proponent prior to licence application by a qualified archaeologist. The qualified archaeologist and any personnel of the project shall inform the D of LCS and the Director of the discovery of any antiquities or suspected as antiquities in the course of excavation.

 

4.                  Submissions and Measures during the Operation Period

 

LNG Terminal

 

4.1              The Permit Holder shall design and build the LNG Terminal Facilities in accordance with the standards and requirements as stipulated in the British Standard – “Installation and equipment for liquefied natural gas – Design of onshore installations” (BS EN 1473: 1997); or other alternative equivalent standards and requirements to be approved by the DEMS or the Director.

 

4.2              The boundary of the LNG terminal and the extent of the reclamation and the turning basin shall not be beyond the boundary as shown in Figure 1 of this Permit.

 

4.3              The Permit Holder shall only build a total of not more than three LNG storage tanks at the LNG Terminal Facilities at South Soko, with each storage tank with a capacity not more than 180, 000 m3.

 

4.4              The Permit Holder shall provide a closed-loop fire water system to protect the LNG Terminal equipment, utilities, storage and unloading areas. The system will include main pumps and a standby mobile pump, along with hydrants and monitors.

 

4.5              The Permit Holder shall provide full containment tanks, with all tanks connections made through the roof to maximize strength and integrity.  The Permit Holder shall provide double wall construction comprising an inner wall of low temperature steel and an outer wall of pre-stressed concrete.

 

LNG Carrier and Marine Transit

 

4.6              The capacity of the Liquefied Natural Gas carriers for the purpose of delivery LNG to the proposed LNG Terminal facilities shall be in the range of class 125, 000 m3 to class 215, 000 m3.

 

4.7              The number of delivery frequency for the class 215, 000m3 LNG carriers to the LNG Terminal at South Soko Island shall be limited to a maximum of 51 arrivals per year.  For other alternative size LNG carriers to be used within the range as stipulated in condition 4.6, the total number of delivery frequency shall not be more than 75 or resulting in exceedance of the total annual delivery amount of LNG by using the class 215, 000 m3 LNG carriers.

 

4.8              The design of the LNG carriers for this project shall be in full compliance with the relevant international requirements for gas carriers.

 

4.9              The Permit Holder shall only use LNG carriers which are constructed with double hull and double bottom design.

 

4.10          The Permit Holder shall only use LNG carriers which are provided with independent LNG storage areas and forward collision bulkhead.

 

4.11          The Permit Holder shall follow the LNG carrier transit route as shown in Figure 3.

 

4.12          For LNG carrier transit within HKSAR, the Permit Holder shall provide two pilots on board and two tug boats during transit.  Two additional tugboats shall be provided prior to turn into the dredged approach channel for berthing operation at the LNG Terminal Facilities at South Soko.

 

4.13          The LNG carrier shall not be permitted to commence its approach to the terminal unless visibility is more than 1 nautical mile for the full length of the transit and the transit shall occur in daylight hours only.

 

Natural Gas pipeline

 

4.14          The Permit Holder shall install the natural gas pipeline to a depth of at least 3m below the seabed with varying levels of rock armour protection.

 

4.15          The Permit Holder shall provide the natural gas pipeline with an asphalt enamel coat and wrap and sacrificial anodes for external corrosion protection and an outer layer of reinforced concrete for buoyancy control and to provide mechanical protection during the natural gas pipeline installation and trenching operations.

 

4.16          The Permit Holder shall check and audit the profile of the seabed at and around the natural gas pipeline once every 3 years and take necessary measures to restore the seabed profile to its original configuration with a view to avoiding any adverse effect on fishing activities.

 

Maintenance dredging

 

4.17          To minimize the impacts on the seabed and the benthic communities, dredging works associated with maintenance of the approach channel and turning basin at South Soko shall not be more than once in ten years.

 

4.18          The Permit Holder shall, at least one month before commencement of maintenance dredging, submit an environmental review to the Director for assessing and evaluating the potential environmental impacts and to recommend the required mitigation measures. All environmetal mitigation measures recommended in the environmental review shall be fully and properly implemented by the Permit Holder.

 

4.19          To limit the potential construction impacts to cetaceans from maintenance dredging works for the approach channel and turning basin at South Soko, the following shall be implemented:

(i)                  A marine mammal exclusion zone within a radius of 250 m from dredgers shall be implemented during the dredging works.  Qualified observer(s) shall scan an exclusion zone of 250 m radius around the work area for at least 30 minutes prior to the start of dredging.  If cetaceans are observed in the exclusion zone, dredging shall be delayed until cetaceans have left the exclusion zone. 

(ii)                Dredging works shall be restricted to a daily maximum of 12 hours with daylight operations

(iii)               No dredging works shall be conducted during the peak calving season between October and January of the Neophocaena phocaenoides.

 

Measures for Mitigating Air Quality Impact

 

4.20          During mooring, the main engine of the LNG carriers shall be switched off.

 

4.21          To minimize the air quality impact, the submerged combustion vaporizers (SCVs), gas turbine generators, LNG carrier auxiliary engines and gas heaters shall be designed and operated in accordance with the parameters, including stack height, efflux velocity, exit temperature and maximum permissible pollutant emission rate, as described in Table 2 below.

 

Table 2: Summary of Air Pollutant Emission Parameter and Emission Rates of the Air Emission Sources

Item

Air Emission Sources

Air pollutant emission parameters and emission rates

A

Submerged Combustion Vaporizers (SCV)

(i)            The maximum number of the SCVs shall not be more than 5, and the NOx emission rate shall not be more than 0.32 g/s for each of the 5 units.

(ii)          The stack height shall not be less than 13 m.

(iii)         The exhaust gas velocity shall not be less than 7.09 m/s at full load.

(iv)        The exhaust temperature shall not be less than 30oC at full load.

B

Gas Turbine Generators

(i)        The maximum number of the Gas Turbine Generators shall not be more than 5, and the NOx emission rate shall not be more than 1.01 g/s for each of the 5 units.

(ii)     The stack height shall not be less than 8 m.

(iii)    The exhaust gas velocity shall not be less than 14.2 m/s at full load.

(iv)   The exhaust gas temperature shall not be less than 500 oC at full load.

C

LNG Carrier Auxiliary Engines during mooring

(i)            The total engine load shall not be higher than 9,350 kW.

(ii)          The NOx emission rate shall not be more than 36 g/s.

(iii)         The SO2 emission rate shall not be more than 15.6 g/s.

(iv)        The fuel sulphur content of Marine Diesel Oil /Heavy Fuel Oil for auxiliary engines shall not be more than 1.5% by weight.

(v)          The exhaust gas velocity shall not be less than 25 m/s at engine load factor of 75%.

(vi)        The exhaust gas temperature shall not be less than 320 oC at engine load factor of 75%.

D

Gas Heaters at Gas Receiving Station at Black Point      

(i)            The maximum number of the Gas Heaters shall not be more than 4, and the NOx emission rate shall not be more than 0.57 g/s for each of 4 heaters.

(ii)          The stack height shall not be less than 15 m.

(iii)         The exhaust gas velocity shall not be less than 11.56 m/s at full load.

(iv)        The exhaust gas temperature shall not be less than 280 oC at full load.

 

Monitoring for Cooling Water System

 

4.22          Water quality monitoring for cooled seawater effluent discharge, in terms of temperature and residual chlorine, shall be implemented during the operation phase to verify EIA modelling predictions.  The monitoring programme shall be designed in such a manner to i) determine the size of the mixing zone; ii) determine the extent of the detectable chlorine concentrations; and iii) to verify the predictions of the thermal and total residual chlorine dispersion modelling.  The Permit Holder shall, no later than one month before the commencement of operation of the Project, deposit with the Director four hard copies and one electronic copy of water monitoring programme for cooled seawater effluent discharge for approval.

 

Measures to Mitigate the Total Residual Chlorine and Cooling Water Discharge

 

4.23          The maximum flow rate of the effluent discharge and the maximum total residual chlorine discharge shall not be more than 18,000 m3 hr-1 and 0.3 mg L-1 respectively at any time. The effluent shall not cause the temperature of the sea at any depth outside 200 metres from the point of discharge at outfall or at sensitive receivers to decrease by more than 2 degree Celsius below the ambient seawater temperature.  

 

Measures to Mitigate Water Quality Impacts

 

4.24          The Permit Holder shall provide a packaged sewage treatment plant and a sanitary waste system consisting of a collection system for the operation of the LNG Terminal.  The package sewage treatment plant shall consist of a rotating biological contactor (RBC) plant or blivet plant coupled with a disinfection system.  The discharge from the package sewage treatment plant shall comply with the provisions of the Water Pollution Control Ordinance.

 

Measures for Mitigating Glare Impact during the Operation Phase

 

4.25          To limit glare impacts, the following shall be carried out:

(i)      All of the major light sources including spot lights mounted on the external fencing shall be pointed inward and downward to reduce light spill.

(ii)    For general access lighting around the site, baffles shall be fitted to reducing upward light spill.

 

Long Term Management of the Environmental Enhancement Plan

 

4.26          In order to ensure that the proposed enhancement measures stated in the EEP are successfully, properly and fully implemented and maintained, the Permit Holder shall be fully responsible for: -

 

(a)    establishing, managing, maintaining, monitoring and auditing the proposed enhancement measures and facilities in accordance with the provisions of the EEP during the entire life of the Project;

(b)   reporting at least once every six months, unless otherwise agreed by the Director, to the SEAC and the ACE on the progress of the implementation and management of EEP; and

(c)    providing quarterly reports on progress of the implementation and management of EEP, monitoring and auditing information of the EEP and findings of any studies carried out under the EEP; and placing such information on the dedicated website set up by the Permit Holder under Condition 6.2;

 

4.27          For the purpose of this Condition, the Permit Holder shall be responsible for the performance not only of its own employees but also of all his contractors and sub-contractors in relation to all activities involved in, or connected with, the aims and objectives set out in Condition 4.26 above.

 

Review of the EIA Findings

 

4.28          The Permit Holder shall review the EIA findings including the effectiveness of proposed measures, the verification of the predictions in the EIA report and the identification of any additional mitigation measures for the Project once every 5 years after the operation of the Project, unless otherwise agreed by the Director.  The findings shall be made available on the project website after taking into account the comments from the Director. The Permit Holder shall implement any additional measures recommended in the review.  If directed by the Director, the Permit Holder shall present the findings of the review of the EIA to relevant organisations, committees or the ACE as specified by the Director.

 

Set up of an Environmental Management System for the Operation Phase

 

4.29          The Permit Holder shall, before the operation of the Project, develop and implement an Environmental Management System (EMS) for the operation of the Project.  The EMS is to ensure that the operation of the Project is in an environmentally friendly manner and in accordance with all relevant environmental legislation.  The EMS shall include at least regular audit of the Project to ensure that it is properly operated and maintained to avoid or minimize any environmental impact.  The Permit Holder shall engage an Environmental Manager to oversee and implement the EMS.  The Environmental Manager shall be a person who has at least 10 years of experience in Environmental Management and Audit (EM&A) or environmental management. The EMS shall be certified under ISO 14000 within 1 year after the operation of the Project.

 

Measures to Control and Monitor Residual Chlorine at Discharge of the Cooling Water System

 

4.30          The Permit Holder shall include measures in the EMS with a view to controlling and monitoring residual chlorine at discharge of the cooling water system and submit quarterly audit reports on the finding of the water quality monitoring for cooled seawater effluent discharge to the Director. The report shall include the size of the mixing zone, the extent of the detectable chlorine concentrations and verification the prediction of the approved EIA report (Register No. AEIAR-106/2007)

 

4.31          The EMS shall at least include the following requirements and good house keeping measures:

(i)                  No ballast water from the LNG carrier shall be discharged in Hong Kong waters.

(ii)                 The vessel operators shall be required to use predefined and regular routes.

(iii)               A policy of no dumping of rubbish, food, oil, or chemicals from the marine vessels shall be enforced.

(iv)               The vessel operators shall be required to control and manage all effluent from vessels. 

 

4.32          The Permit Holder shall report back to the ACE on an annual basis on the progress of the implementation and management of the EMS.

 

4.33          The Permit Holder shall place all reports and the associated papers prepared under the EMS on the dedicated website to be set up by the Permit Holder under Condition 6.2. 

 

5.                  Environmental Monitoring and Audit (EM&A) Requirements

 

5.1              The EM&A programme shall be implemented as set out in the EM&A Manual approved under Condition 2.3. Any changes to the EM&A programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be submitted to the Director for approval.

 

5.2              Two hard copies of the Baseline Monitoring Report and one electronic copy in the formats as specified in Condition 6.1 below shall be submitted to the Director at least two weeks before the commencement of any construction works of the Project. Additional copies of the submission shall be provided to the Director upon request from the Director.

 

5.3              Two hard copies and one electronic copy of monthly EM&A Reports shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.

 

5.4              Two hard copies and one electronic copy of the Post-Project Monitoring Report shall be submitted to the Director within 1 week of completion of the Post-Project Monitoring for the dredging works.  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EIA Report of the Project before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

 

5.5              The Permit Holder shall report at least once every six months, unless otherwise agreed by the Director, to the ACE on the progress of the monitoring work and the findings. The monitoring plan as specified in the EM&A Manual shall be based on baseline data that is relevant to the project area and updated in line with best practice.

 

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

 

5.7              The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plan, or as agreed by the Director.

 

6.       Electronic Reporting of EM&A Information

 

6.1       To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIA Ordinance Internet Website and at the EIA Ordinance 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 5.2 and 5.3 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports shall be the same as the hard copies.

 

6.2       The Permit Holder shall, set up a dedicated website and notify the Director in writing 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 6.1 above shall be made available to the public via a dedicated website to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The dedicated website shall contain the approved EIA report together with the further information submitted under Section 8(1) of the EIAO during the processing of the EIA report and the full copy of the 3-dimensional electronic visualisations of the approved EIA report, so that the public can understand the project and the associated environmental issues.

 

6.3       The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report and the environmental permit(s) and project profile of the Project. The Internet website shall have features capable of: -

(a)        providing access to Project data including the EIA report together with the further      information submitted under Section 8(1) of the EIAO and this Permit;

(b)       providing access to the 3D electronic visualisations of the EIA report;

(c)       providing access to all the finalized submissions, reports or reviews as required by this Permit;

(d)       providing access to all relevant EM&A data collected in the EM&A programme for the Project;

(e)        searching the EM&A data by date or by types of monitoring data; and

(f)         hyperlinks to relevant monitoring data after searching; or otherwise as agreed by the Director.


Notes:

1.        This Environmental Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) 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.        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, Transport and Works, 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 Environmental Impact Assessment Ordinance (the "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.

4.        A person who assumes responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, 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, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.

6.                  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.

7.                  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 of indictment to a fine of $2 million and imprisonment for 6 months;

(ii)       on a second or subsequent conviction on indictment to a fine of $5 million and imprisonment for 2 years;

(iii)      on a first summary conviction to a fine at level 6 and imprisonment for 6 months;

(iv)      on a second or subsequent summary conviction to a fine of $1 million and 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 that the offence continued.

8.        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.

9.        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
 

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