Environmental Permit No. EP-266/2007
環境許可證編號 EP-266/2007
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT, OPERATE AND DECOMMISSION
DESIGNATED
PROJECT(S)
建造、營辦及解除運作指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the
Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental
Protection (the Director) grants this environmental permit to YIU LIAN
DOCKYARDS LIMITED (hereinafter referred to as
the "Permit Holder") to construct, operate and decommission 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 友 聯 船 廠 有 限 公 司(下稱 “許可證持有人”)，以建造、營辦及解除運作B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application
No. 申請書編號 |
AEP-266/2007 |
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Document
in the Register : 登記冊上的文件: |
1. Relocation of Yiu Lian Floating Dock No. 3 -
Environmental Impact Assessment Report -
Executive Summary -
EM&A Manual Hereinafter referred to as the “EIA
Report” (Register No. : AEIAR-104/2007) 友 聯 3 號 浮 船 塢 搬 遷 -
環境影響評估報告 -
行政摘要 -
環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-104/2007） 2. The Director’s letter of approval
of the EIA Report dated 23 Feb 2007 referenced Annex (14) to EP2/G/B/135 環境保護署署長於二○○七年二月二十三日發出批准環評報告的信件檔案編號Annex (14) to EP2/G/B/135 |
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Document
in the Register : 登記冊上的文件: |
3. Application for Environmental
Permit on 1 March 2007 (Application No.: AEP-266/2007) 許可證持有人於二○○七年三月一日提交的許可証申請文件（申請書編號：AEP-266/2007） |
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29 March 2007 |
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Date 日期 |
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(Terence
TSANG) Atg.
Principal Environmental Protection Officer (Regional Assessment) for
Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任(區域評估) 曾世榮代行) |
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PART B
(DESCRIPTION OF DESIGNATED PROJECT(S))
B部 (指定工程項目的說明)
Hereunder is the description of the designated project(s)
mentioned in Part A 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部所提述的指定工程項目的說明:
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Title of
Designated Project 指定工程項目的名稱 |
Relocation
of Yiu Lian Floating Dock No. 3 (This designated project is
hereafter referred to as “the Project”) 友 聯 3 號 浮 船 塢 搬 遷 (本指定工程項目下稱“工程項目”) |
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Nature of
Designated Project 指定工程項目的性質 |
(a)
Decommissioning
of a facility for ship building
or repairing more than 1 ha in size or with a lifting capacity in excess of
20 000 tonnes. 解除運作面積超過1公頃或提升能力超過20000公噸的船舶建造或修理設施。 (b)
Construction
and operation of a facility for ship building or ship repairing yard more
than 1 ha in size or with a lifting capacity in excess of 20 000 tonnes 建造及營辦船舶建造或修理場的設施，而其規模超過1公頃或起卸量超過20000公噸。 |
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Location
of Designated Project 指定工程項目的地點 |
(a)
Existing site of Yiu Lian Floating
Dock No. 3 is at Yam O, North Lantau Island. 現有友聯3號浮船塢位於大嶼山北陰澳的現址。 (b)
Proposed site of Yiu Lian Floating Dock is at southwest
coast of Tsing Yi. 建議中友聯浮船塢新址將位於青衣西南岸。 Location
of the Project is shown in
Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。 |
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Scale and Scope of
Designated Project |
(a)
The decommissioning works would
involve the cutting of the chains between anchor blocks and floating dock, retrieval
of the chains, and the towing the floating dock away from the existing site
at Yam O , North Lantau to the new site at south-west coast of Tsing Yi. 解除工程包括剪割連接錨塊和現有浮船塢的錨鏈，找回錨鏈，並將浮船塢從大嶼山北陰澳的現址拖往青衣西南岸的新址。 (b)
To construct and operate the floating
dock at proposed site at south-west coast of Tsing Yi. A small scale dredging
and refilling works would be undertaken, precast concrete anchor blocks would
be placed at the seabed and the connection of floating dock to the anchor
blocks at the site. 在青衣西南岸所建議的新址建造、營辦該浮船塢。在新址將會進行小規模挖及回填工程，在海床建造混凝土錨塊後，並連接該浮船塢。 |
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution
Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Noise
Control Ordinance (Cap. 400), Dumping at Sea Ordinance (Cap. 466). This Permit
does not of itself constitute any ground of defense 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 and the
documents referred to in Part A of the
Permit readily available at all times for inspection by the Director or his
authorized officers at all sites/offices covered by this Permit. Any reference
to the Permit shall include all documents referred to in the Permit and also
the relevant documents in the Register.
1.4
The Permit Holder shall give a copy of
this Permit to the person(s) in charge of the site(s) and ensure that such
person(s) fully understands all conditions and all requirements incorporated by
the Permit. The site(s) refers to site(s) of decommissioning, 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 Project site(s) at all vehicular
site entrances/exits or 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 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 Project site(s).
1.6
The Permit Holder shall decommission,
construct and operate the Project in accordance with the project description in
Part B of this
Permit.
1.7
The Permit Holder shall ensure that the
Project is designed, decommissioned, constructed and operated in accordance
with the information and recommendations described in the Approved EIA Report
(Register No. AEIAR-104/2007), the Application for Environmental Permit
(Application No. AEP-266/2007) and other relevant documents in the Register,
the information and mitigation measures described in this Permit, 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 deposited 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 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 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
finalized 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 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 Environmental Impact Assessment 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(s) of decommissioning and
construction of the Project no later than one week prior to the commencement of
decommissioning and construction of the Project. The Permit Holder shall notify
the Director in writing immediately if there is any change of the commencement
date(s) of the decommissioning and construction.
1.13
For the purpose of this Permit, “commencement of decommissioning
and construction” does not include works related to site preparation or other
works as agreed by the Director.
2. Submissions before the Decommissioning of the Project at Yam
O, North Lantau
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 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 and its
update as approved under Condition 2.5 of this Permit. 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 Approved EIA Report (Register No.
AEIAR-104/2007) 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 Approved
EIA Report (Register No.
AEIAR-104/2007) 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 Independent
Environmental Checker (IEC) shall be employed by the Permit Holder no later
than one month before commencement 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 its update as approved under Condition 2.5 of this
Permit, 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 above condition 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
Approved EIA Report (Register
No. AEIAR-104/2007) 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
The Permit Holder shall, at least one
week before the commencement of the Project, inform the Director in writing the
management organization of the main companies appointed for the Project.
The information, to be submitted, shall include at least an organization chart,
names of responsible persons and their contact details.
Submission
of Detailed Decommissioning Proposal and Updated EM&A Manual
2.4
The Permit Holder shall, no later than one month before
commencement of decommissioning of the Project, submit to the Director for
approval four hard copies and one electronic copy of the detailed
decommissioning proposal of the Project. The proposal shall include how the
anchor chains would be cut and retrieved. The proposal shall also demonstrate
how the seabed could be restored to its original level such that the future fishing operation especially
trawling after the removal of dock would not be obstructed by the anchor blocks
and the remains of the anchor chains. The decommissioning proposal
shall be certified by ET leader and verified by IEC as conforming to the
information and recommendations contained in the Approved EIA Report (Register
No. AEIAR-104/2007) before submission to the Director. The decommissioning works shall not be
commenced before the Director’s approval of the proposal.
2.5
The Permit Holder shall, no later than one month before the commencement
of decommissioning of the Project, submit to the Director for approval four hard copies and
one electronic copy of an updated EM&A Manual. The updated EM&A Manual shall incorporate the
latest changes in scale and scope of the Project as outlined in the Application
of Environmental Permit (Application No. AEP–266/2007). The updated EM&A
programme shall be certified by ET leader and verified by IEC as conforming to
the information and recommendation contained in the Approved EIA Report
(Register No. AEIAR-104/2007) before submission to the Director.
3. Measures
for Decommissioning
of the Project at Yam O, North Lantau
3.1
No dredging of
marine seabed shall be allowed for decommissioning of Project at Yam O,
North Lantau.
3.2
No anchor chain
and its remains shall be left on the seabed.
4. Measures
to Mitigate
Water Quality Impact during Construction of the Project at Tsing Yi
4.1
For the dredging works at Tsing Yi site, no more than one grab dredger
shall be used. The maximum grab capacity of the dredger used shall not exceed
8m3 per grab. The dredging or refilling rate of the dredger should
not exceed 81.7m3/hour.
5. Measures
for Operation of the Project at Tsing Yi
5.1
No
ships using TBT-containing paint shall be received by the dockyard during operation.
The Permit Holder shall implement the Ship Receiving Procedure in Appendix 3B
of the Approved EIA Report (Register No. AEIAR-104/2007).
5.2
To
avoid impacts during the application of the antifouling paint, the
following mitigation measures shall
be implemented:-
i)
the preparation area of antifouling painting shall be
bunded to avoid accidental spillage into the sea;
ii)
any spillage shall be treated with a suitable absorbent;
iii)
paint spraying in high winds shall be
avoided; and
iv)
sheetings shall be provided to prevent spray drift.
5.3
To
avoid impacts during the removal of antifouling paint, the following mitigation measures shall be
implemented:-
i)
the washwater shall be contained and it shall be segregated from
non-contaminated water; and
ii)
any washing residues into the sea shall be avoided.
5.4
To
avoid impacts during sand blasting, the following mitigation measures shall be
implemented:-
i)
the blasting residues such as
abrasive grit and plaint flakes shall be cleaned up immediately after the
blasting activities; and
ii)
the wastewater drains on the floating dock
shall be closed before cleaning and blasting activities.
5.5
To
avoid water impacts to the marine water, especially during hull washing, all
wastewater shall be collected and diverted to pass through the settling treatment system as
shown in Figure 3-17 of the Approved EIA Report (Register No.
AEIAR-104/2007). The suspended solid removal
efficiency of the settling treatment system shall be up to 75% and the removal
rate for non-dissolved Cu shall be
up to 90%. The effectiveness of this treatment system shall be verified during
the first six month of operation and modification shall be made to ensure the expected
efficiencies are achieved. If the effluent from the settling treatment system
still cannot meet the discharge standards, chemical dosage and / or
flocculation process shall be added to the above treatment system to further
remove fine particles and soluble form of contaminants. The detailed
operational phase monitoring programme shall be incorporated into the updated
EM&A Manual as required under Condition 2.5 of this Permit.
5.6
The
Permit Holder shall implement the Oil Pollution Contingency Plan in accordance
with Appendix 7A of the Approved EIA Report (Register No. AEIAR-104/2007) to
avoid and minimize the potential oil spillage during the operation of the
Project.
6. Evacuation Plan
during construction and operation of the Project at Tsing Yi
6.1 The Permit
Holder shall implement the evacuation plan in the Appendix 6A of the Approved EIA Report (Register
No. AEIAR-104/2007) to evacuate the workers on the floating dock in case of emergency
during construction and operation of the Project.
7.
Environmental Monitoring and
Audit (EM&A) Requirements
7.1 The
EM&A programme shall be implemented in accordance with procedures and requirements
in the updated EM&A Manual approved under Condition 2.5 of this Permit.
7.2
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.
7.3 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;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in the
Event/Action Plans of the EM&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.
7.4 All EM&A data submitted under this Permit shall be true, valid and
correct.
7.5 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 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.
7.6 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.
8. Electronic
Reporting of EM&A Information
8.1
To facilitate public inspection of the EM&A
Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the 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. 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.
8.2
The Permit Holder shall
set up a dedicated web site and notify the Director in writing the internet
address where the Project and the associated EM&A data are to be placed
within six weeks after the commencement of decommissioning and construction of
the Project. All submissions required by this Permit and all Project and
EM&A data shall be made available to the public via this dedicated web site
to be set up by the Permit Holder in the shortest time practicable and in no
event later than two weeks after the relevant EM&A data are collected and
become available, unless otherwise agreed with the Director.
8.3
The internet website as
described in conditions above shall
enable user-friendly public access to the Project and EM&A data. The
internet website shall have features capable of :-
(a)
providing access to Project data
including the Approved EIA Report (Register No. AEIAR-104/2007) and this
Permit;
(b)
providing access to the updated
EM&A Manual as required by this Permit;
(c)
providing access to all relevant
EM&A data collected in the EM&A programme for the Relocation of Yiu
Lian Floating Dockyard No. 3 for the Project. The EM&A data shall include
the water quality monitoring data near the proposed site at south-west coast of
Tsing Yi.
(d)
searching the EM&A data by date
or by types of monitoring data; and
(e)
hyperlinks to relevant monitoring
data after searching;
or otherwise as agreed by the Director.
Notes :
1.
This Permit
consists of three parts, namely, Part A (Main Permit), Part B
(Description of Designated Project) and Part C (Permit
Conditions). Any person relying on this permit should obtain independent
legal advice on the legal implications under the Ordinance, and 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 Permit. The Permit Holder shall replace the original permit displayed
on the Project site by the amended permit.
4.
A person who
assumes the 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 decommissioning, 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 decommission, construct or operate a
designated project listed in Schedule 2 of the Ordinance without a valid
environmental permit.
7.
Any person
who decommissions, constructs or operates the Project contrary to the
conditions in the Permit, and is convicted of an offence under the Ordinance, is
liable:
(i)
on a first conviction on indictment to
a fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and to imprisonment for 2 years;
(iii)
on a first summary conviction to a fine
at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the offence is of a
continuing nature, the court or magistrate may impose a fine of $10,000 for
each day on which he is satisfied the offence continued.
8.
The Permit
Holder may appeal against any conditions 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.
Environmental Permit No. EP-266/2007
環境許可證編號EP-266/2007