Permit No. EP-290/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO OPERATE A DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the MAJOR WORKS PROJECT MANAGEMENT OFFICE OF HIGHWAYS DEPARTMENT (hereinafter referred to as the “Permit Holder”) to 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:
根據環境影響評估條例第10條的規定﹐環境保護署署長 (署長) 將本環境許可證批予路政署主要工程管理處 (下稱 “許可證持有人”) 以營辦B部所說明的指定工程項目﹐但須遵守C部所說明的條件。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﹕-
Document in the Register :
(1) Shenzhen Western Corridor (SWC) – Investigation and Planning
(Register No.: AEIAR-067/2002)
- Environmental Impact Assessment Report, Volumes 1 to 3 (September 2002) [Hereinafter referred to as the “SWC EIA Report”]
- Environmental Impact Assessment Executive Summary (September 2002) [Hereinafter referred to as the “SWC EIA Executive Summary”]
- Environmental Monitoring and Audit Manual (September 2002)
[Hereinafter referred to as the “SWC EM&A Manual”]
(1) 深港西部通道-勘察及計劃 (登記冊編號: AEIAR-067/2002)
- 環境影響評估報告第一冊至第三冊 (2002年9月) [下稱“西部通道環評報告”]
- 環境影響評估行政摘要 (2002年9月) [下稱“西部通道環評行政摘要”]
- 環境監察及審核手冊 (2002年9月) [下稱“西部通道環監手冊”]
(2) The Director’s letter of approval of the SWC EIA Report dated 4 November 2002 (Reference: (82) in EP2/G/A/119 II)
(2) 署長於2002年11月4日發出批准西部通道環評報告的信件 (檔案編號: (82) in EP2/G/A/119 II)
Document in the Register :
(3) Environmental Permit issued – Permit No.: EP-162/2003B issued on 19 January 2004
(3) 已簽發的環境許可證—許可證編號：EP-162/2003B 於2004年1月19日簽發。
(4) Project Profile of the Operation of Shenzhen Section of Shenzhen Bay Bridge (Registered No.: PP- 325/2007) [Hereafter referred to as the Project Profile]
(4) 深圳灣公路大橋深圳段的營運工程項目簡介 (登記册編號 : PP-325/2007)
(5) Application documents including all attachments submitted by the Permit Holder on 22 October 2007 (Application No. AEP-290/2007)
Director's Permission to Apply Directly for
Letter Reference: (16 ) in AX(3) to EP2/G/A/119
信 件 檔 號 ： (16 ) in AX(3) to EP2/G/A/119
20 November 2007
(David T.W. WONG)
Principal Environmental Protection Officer (Cross-Boundary & International)
for the Director of Environmental Protection
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
Operation of Shenzhen Section of Shenzhen Bay Bridge
[This designated project is hereinafter referred to as “the Project”]
of Designated Project
Operation of a new expressway.
Location of Designated Project
Scale and Scope of Designated Project
(a) Operation of a 2.0 km dual 3-lane carriageway elevated structure of the Shenzhen Bay Bridge spanning across Deep Bay from Shenzhen Bay Bridge-Hong Kong Section to Shenzhen Bay Port, Hong Kong Port Area at Dongjiaotou;
(a)營辦深圳灣公路大橋(深圳段) 一段長2.0公里的雙程三線分隔高架行車道，橫跨后海灣由深圳灣公路大橋(香港段) 至東角頭的深圳灣口岸(港方口岸區)；
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 (EIAO) (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), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall 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 operation of the Project and shall mean the same hereafter.
1.4 The Permit Holder shall operate the Project in accordance with the project descriptions in Part B of this Permit.
1.5 The Permit Holder shall ensure that the Project is operated in accordance with the information and recommendations described in the Project Profile (Registered No. PP-325/2007) and other relevant documents in the EIAO Register Office, 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 ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the EIAO Register Office are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.6 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.
1.7 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variations of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submission may constitute a contravention of the EIAO (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to respectively in Conditions 2.2 and 2.3 below, before submitting to the Director under this Permit.
1.8 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIAO Register Office, uploading the reports onto any Internet website specified by the Director, or in any other places, 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.
1.9 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.
2. Submissions or Measures for the operation of the project
Submission of Environmental Monitoring and Audit (EM&A) Manual
2.1 The Permit Holder shall submit an Environmental Monitoring & Audit (EM&A) Manual to the Director within 4 weeks after the issue of this Permit for approval. The EM&A Manual shall set out the EM&A programme for the operation of the Project in accordance with the information and recommendations contained in the Project Profile (Registered No.: PP-325/2007). The EM&A Manual approved under this condition shall hereinafter be referred to as the “EM&A Manual”.
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.2 An ET shall be established and shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years' experience in 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 approved under Condition 2.1 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 findings of the Project Profile (Registered No.: PP-325/2007); and each and every non-compliance with the recommendations of the Project Profile (Registered No.: PP-325/2007) or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the Project Profile (Registered No.: PP-325/2007) 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 replace the ET Leader, 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. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.
2.3 The Permit Holder shall employ an IEC. The IEC shall be a person who has at least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual approved under Condition 2.1 of this Permit, and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual and the Project Profile (Registered No.: PP-325/2007), 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 contemporaneous records of the log-book(s) mentioned in Condition 2.2 of this Permit. The IEC shall notify the Director by fax transmission, within 24 hours of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the recommendations of the Project Profile (Registered No.: PP-325/2007) or this Permit, which might affect the monitoring or control of adverse environmental impacts. 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 by the Permit Holder 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. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.
Regular Briefings to the EIA Subcommittee of the Advisory Council on the Environment (ACE)
2.4 The Permit Holder shall regularly brief the EIA Subcommittee of the ACE on the progress of the environmental management of the Project including the EM&A programme relating to the Project. The Permit Holder shall make arrangement with the Secretariat of the EIA Subcommittee of the ACE regarding details and frequency of the briefings.
Cleaning of Carriageway
2.5 The carriageway of the Project shall be cleaned twice a week by vacuum air sweeper(s) (or suction truck(s)) to remove grits and pollutants. The interval between two cleaning operations shall not exceed four days. The removed grits and pollutants shall be transported away for off site disposal. If necessary, the Director may require the Permit Holder to increase the cleaning frequency based on the findings of the report submitted to him under Condition 3.3 below.
Mitigating Landscape and Visual Impacts
2.6 To mitigate the landscape and visual impacts arising from the operation of the Project, all mitigation measures shall be fully and properly implemented in accordance with details as set out in the Appendix A of this Permit. All these visual mitigation measures shall be properly maintained during the operation of the Project.
3. Environmental Monitoring and Audit (EM&A) Requirements of the Project
3.1 The EM&A programme during operation of the Project shall be implemented as set out in the EM&A Manual approved under condition 2.1 of this Permit. Before the Director approves the EM&A Manual submitted under condition 2.1, the Permit Holder shall adopt the EM&A requirements and procedures concerning the operation of the Shenzhen Western Corridor provided for in the SWC EM&A Manual (September 2002). Any changes to the programme 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.
Monitoring of Surface Runoff from the Carriageway
3.2 The quality of the surface runoff from the carriageway shall be monitored in accordance with the details in the EM&A Manual until the expiry of 12 months from the commencement of operation of the Project. All monitoring results shall be recorded in the EM&A Report.
3.3 The Permit Holder shall, within two weeks after each monitoring period specified in the EM&A Manual, submit to the Director for approval a report that evaluates the quality of the surface runoff, effectiveness of the cleaning frequency in removing pollutants from the carriageway surface, and recommends any modification to the monitoring programme. The Director may require the Permit Holder to extend the monitoring period and/or increase the cleaning frequency as the Director thinks fit. The Permit Holder shall submit another report to cover the extended period of monitoring to the Director for approval, within two weeks after completion of the extended monitoring.
Monitoring of Bridge Lighting Scheme and Bird Collisions
3.4 The effect of the Shenzhen Bay Bridge lighting schemes on bird mortality due to collision with the bridge shall be monitored in accordance with the EM&A Manual until the expiry of 36 months from the commencement of operation of the project. The monitoring shall be carried out monthly. Additional monitoring shall be conducted after inclement weather including misty days and very cold days.
3.5 A quarterly report shall be produced to document the monitoring methodology and results, including the types and schemes of illumination used on the bridge, the weather conditions and records of bird mortalities by date, number, species, locations and estimated cause of death. The report shall also give an outline of the monitoring programme in the next quarter, including the bridge illumination to be used in view of the bird mortality, if any, of the previous quarter, various combinations of illumination scheme, weather conditions, time of day and season of year. The Permit Holder shall deposit three hard copies and one electronic copy of the report in the formats specified in Condition 4.1 below with the Director within one month after the completion of the quarterly monitoring. Twenty three copies of the report shall also be sent to the EIA Subcommittee of the Advisory Council on the Environment at 40th floor, Revenue Tower, 5 Gloucester Road, Wan Chai, Hong Kong. Additional copies of the submission shall be provided to the Director upon request by the Director.
4. Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3 above of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.
4.2 The Permit Holder shall set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
4.3 The Internet web site as described in Condition 4.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the documents (1) to (5) listed in Part A of this Permit, and this Environmental Permit. The Internet web site shall have features capable of:
(a) providing access to all environmental monitoring data of this Project collected since the commencement of construction;
(b) providing access to all finalized submissions as required under this Permit;
(c) searching by date;
(d) searching by types of monitoring data; and
(e) hyperlinking to relevant monitoring data after searching;
or otherwise as agreed by 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 Ordinance, 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, 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.
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, suspend, vary or cancel this Permit.
6. If this Permit is cancelled or surrendered during operation of the Project, another environmental permit must be obtained under the Ordinance before the operation of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who 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 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 Ordinance for details and seek independent legal advice.