nvironmental Permit No. EP-267/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to CLP Power Hong Kong Limited (hereinafter referred to as the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
Document in the Register:
Project Profile – “Proposed 132kV Submarine Cable Route for Airport “A” to Castle Peak Power Station Cable Circuit” (Register No.: PP-295/2006)
工程項目簡介 – “擬敷設132千伏青山發電站至機場 “A” 變電站電纜線路之海底電纜分段” (登記冊編號: PP-295/2006)
The Director’s letter of permission to apply directly for environmental permit dated 29 August 2006 (Reference: (41) in EP2/G/C/143)
署長於2006年8月29日發出准許直接申請環境許可證的信件 (檔案編號：(41) in EP2/G/C/143)
Application for environmental permit submitted by the Permit Holder on 5 March 2007 (Application No. AEP-267/2007)
29 March 2007
Principal Environmental Protection Officer
for Director of Environmental Protection
PART B (DESCRIPTION OF DESIGNATED PROJECT)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
Title of Designated Project
Proposed 132kV Submarine Cable Route for Airport “A” to Castle Peak Power Station Cable Circuit
[This designated project is hereinafter referred to as “the Project”]
擬敷設132千伏青山發電站至機場 “A” 變電站電纜線路之海底電纜分段
Nature of Designated Project
A dredging operation which is less than 500 m from the nearest boundary of an existing bathing beach (Butterfly Beach) at Tuen Mun.
Location of Designated Project
West of Butterfly Beach, Tuen Mun. The proposed cable route starts from Tuen Mun and extends to the Hong Kong International Airport as shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project
The dredging operation at the west of Butterfly Beach, Tuen Mun involves the laying of submarine cable by grab dredging within about 300 m from the nearest boundary of the Butterfly Beach.
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 (EIAO) (Cap. 499) and may become the subject of appropriate action being taken under the EIAO.
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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap. 466). 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 and 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 in 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 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 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, constructed and operated in accordance with the information and all recommendations described in the Project Profile (Register No. PP-295/2006); 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 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, 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 EIAO 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 EIAO Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least two weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.
2. Specific Conditions
2.1 The cable shall be laid along the alignment as shown in Figure 1 attached to this Permit.
2.2 To minimise water quality impact to the Butterfly Beach from dredging operation at the Tuen Mun landing point, no marine works within 500m of the Butterfly Beach shall be carried out during the bathing season from April to October inclusive.
2.3 To minimise water quality impact, closed grab dredger shall be used for grab dredging.
2.4 To minimise water quality impact, cage type silt curtain shall be installed around any grab dredger as shown in Figure 2 attached to this Permit. All silt curtains shall be properly maintained throughout the entire dredging operation.
2.5 To minimise water quality impact, cage type silt curtain shall be installed around the area to be dredged by suction method as shown in Figure 3 attached to this Permit. All silt curtains shall be properly maintained throughout the entire dredging operation.
2.6 To minimise water quality impact, standing type silt curtain shall be installed around the two airport seawater intakes and at the artificial reef along the direction facing the cable alignment as shown in Figure 4 attached to this Permit. All silt curtains shall be properly maintained throughout the construction of the Project.
2.7 To minimise water quality impact, only grab dredging shall be allowed at the shore end of Tuen Mun and the maximum dredging rate shall be no more than 1,500m3 day-1 for working 10 hours per day.
2.8 To minimise water quality impact, the maximum dredging rates of grab dredging and suction dredging at the shore end of the Hong Kong International Airport shall be no more than 650m3 day-1 and 1,600m3 day-1 for working 16 hours per day respectively.
2.9 To minimise water quality impact during construction of the Project, the maximum forward speed of the cable laying jetting machine shall be no more than 1km day-1. For any section of the cable alignment close to the artificial reef (less than 200m) as shown in Figure 1 attached to this Permit, the maximum speed of the jetting machine shall be no more than 80m hr-1 and 1km day-1.
2.10 To minimise ecological impact to the Chinese White Dolphin, no underwater blasting and explosive shall be used for the construction of the Project.
2.11 To minimise ecological impact to the Chinese White Dolphin, a dolphin exclusion zone with a radius of 250m from the cable laying vessel shall be implemented during construction of the Project. Prior to the start of cable laying, an exclusion zone of 250m radius around the work area shall be scanned for at least 30 minutes. If a dolphin is observed in the exclusion zone, marine works shall be delayed until the dolphin has left the area. If a dolphin is observed within the exclusion zone during marine works, the works shall cease until the dolphin has left the area.
2.12 To monitor the environmental impact and the recommended mitigation measures, the environmental monitoring and audit (EM&A) programme as set out in the approved EM&A Manual shall be fully implemented including:
(i) baseline monitoring on water quality, including sediment sampling of at least two locations along the jetting corridor;
(ii) impact monitoring on water quality; and
(iii) post project monitoring on water quality.
2.13 To facilitate public inspection of the EM&A Manual, Baseline Monitoring Report, Weekly Impact Monitoring Reports and Post Project Monitoring Report, the Permit Holder shall set up a dedicated internet web site and notify the Director in writing the internet address where the environmental monitoring data and project information is to be placed before the commencement of construction of the Project. All environmental monitoring data described in Condition 2.12 above and in the approved EM&A Manual shall be made available to the public via the abovementioned dedicated internet web site in the shortest possible time and in any event no later than one week after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the internet web site for public access of the environmental monitoring data for 12 months after depositing the final monitoring report with the Director.
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 EIAO, and the following notes are for general information only.
2. If there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.
5. Under Section 14 of the EIAO, 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 construction or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 condition of this Permit under Section 17 of the EIAO 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 EIAO for details and seek independent legal advice.
Environmental Permit No. EP-267/2007