Environmental Permit No. EP-317/2009
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
第 10 條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to MTR CORPORATION 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:
(1) Tsim Sha Tsui Station Northern Subway Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary
(Register No.: AEIAR-127/2008) [Hereinafter referred to as the “EIA Report”]
(登記冊檔號: AEIAR-127/2008) [下稱 “環評報告”]
Director’s letter of approval of the EIA report dated 31 December 2008 [Ref.:
(16) in EP2/K1/A/
Document in the Register:
(3) Application for Environmental Permit submitted by the Permit Holder on 18 September 2008 (Application No. AEP-317/2008)
8 January 2009
(Mrs. Shirley LEE)
Principal Environmental Protection Officer
for Director of Environmental Protection
(首席環境保護主任 李韓琇玲女士代 行)
Hereunder is the description of the designated project 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:
Title of Designated Project
Tsim Sha Tsui Station Northern Subway
[This designated project is hereinafter referred to as “the Project”]
Nature of Designated Project
Construction and operation of an underground pedestrian subway link consisting of two sections; an underground satellite concourse; a new plant basement near existing Entrance A1 of Tsim Sha Tsui Station; and Entrance A1 upgrade.
Location of Designated Project
Tsim Sha Tsui. The location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project(s)
The scope of the Project includes:
A section of subway (Subway TST)
Another section of subway (Subway MSC) under
An Emergency Exit outside Miramar
Shopping Centre, situating in the planter along the footpath of
(v) A two-level plant basement (Plant Basement) located below and in front of Entrance A1; and
Scale and Scope of Designated Project(s)
(vi) Entrance A1 upgrade
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-127/2008), the application document (Application No. AEP-317/2008), other relevant documents in the Register; and the information or mitigation measures described in this Permit, and mitigation measures to be recommended in submission that shall be deposited with 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 to 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. All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.
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.
2. Submissions or Measures before Commencement of Construction of the Project
2.1 An ET shall be established at least two weeks before the commencement of construction of the Project. 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 audit (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme as contained in the EM&A Manual for the EIA Report (Register No. AEIAR-127/2008). In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under 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 EIA Report (Register No. AEIAR-127/2008) or 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 circumstance. This log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the recommendations of the EIA Report (Register No. AEIAR-127/2008) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed at least two weeks before the commencement of construction of the Project. The IEC shall have at least 7 years experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual for the EIA Report (Register No. AEIAR-127/2008), and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within 24 hours of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-127/2008) or this Permit, which might affect the monitoring or control of adverse environmental impact. 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 two weeks before the commencement of construction of the Project, inform the Director in writing 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.
2.4 The Permit Holder shall, no later than two weeks prior the commencement of construction of the Project, prepare and deposit with the Director three (3) sets of Waste Management Plan (WMP). The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-127/2008). The WMP shall:
(i) clearly define the duties and responsibilities of different parties in carrying out the activities described in the WMP;
(ii) provide all key information (including at least the types and quantities of waste, timing and activities of waste generation, locations for temporary storage, considerations for recycle, reuse and destinations for final disposal);
(iii) work out the arrangements on how to minimize the disposal quantity of construction and demolition material (C&DM) of the Project (including adopting an appropriate purchasing strategy to avoid generation of C&DM, and sensible design and construction methods to minimize the generation of C&DM, together with arrangements for recycling/reusing the C&DM on-site for other stages and/or other sections of the Project or off-site for other projects);
(iv) elaborate the arrangements and procedures on how the above solution shall be implemented on-site to establish an implementation plan. The details shall include, where appropriate, the specific measures to be adopted for minimizing waste generation; the timing and quantities of different types of waste arising from various stages or sections of the Project; the temporary storage arrangements of different types of waste including the locations of the designated segregation and storage areas; the reuse/recycling arrangements including the locations of any specific sections of Project or any other projects; the destinations, modes and routes of waste disposal; the various parties responsible for implementing the various waste management recommendations. The implementation plan shall be practicable and enforceable;
(v) recommend a recording and management system to keep track of the compliance with the plan to facilitate audit purpose;
(vi) take into account the latest C&DM disposal arrangement and address the associated environmental impacts that may arise;
Measures recommended in the deposited WMP shall be implemented by the Permit Holder and any person working on the Project throughout the construction period.
3. Measures during Construction of the Project
3.1 The subway tunnel from the north end of Tsim Sha Tsui Station to the Satellite Concourse (Subway TST) and the subway tunnel from the north end of the Satellite Concourse to the Miramar Shopping Centre (Subway MSC) as shown in Figure 1 of this Permit shall be constructed using tunneling by mining method to minimize construction dust and construction airborne noise impacts.
3.2 Project excavation areas at Entrance A1 and the proposed satellite concourse shall be decked to screen off construction dust and construction airborne noise emission.
3.3 Driven piling and blast method shall not be adopted for the construction of the Project.
Measures to Mitigate Construction Noise Impact
3.4 When above ground exhaust is required for the ventilation of decked excavation area, the above ground exhaust shall be located away from existing residential building.
3.5 The surface
density of the metal sheet cover for the Project excavation areas shall not be
3.6 When any one item of construction plants included in the list below is to be used at excavation areas prior to decking, only the quiet type of the relevant construction plant with Sound Power Level not exceeding the value as stipulated below shall be used to mitigate construction noise impacts:
(i) Hydraulic breaker (excavator mounted) with Sound Power Level (SWL) not exceeding 106dB(A);
(ii) Concrete lorry mixer with SWL not exceeding 100dB(A);
(iii) Mobile crane with SWL not exceeding 101dB(A);
(iv) Vibratory poker (hand-held) with SWL not exceeding 102dB(A)
3.7 Movable noise barrier
shall be implemented to mitigate construction noise impacts of the Powered
Mechanical Equipment (PME) as listed below to achieve requirements as set out
in Condition 3.11 below. Noise barrier material shall have a surface mass of
not less than
(i) Compactor (vibratory);
(ii) Cutter (circular, steel);
(iii) Saw (concrete);
(iv) Electric winch;
(v) Grout mixer;
(vi) Grout pump;
(vii) Handheld breaker;
(viii) Hoist (passenger / material, electric);
(ix) Poker (vibratory, hand-held);
(x) Soil pump;
(xi) Water pump;
(xii) Welder / generator (portable)
3.8 Noise enclosure / acoustic shed shall be implemented to mitigate construction noise impacts of the PME as listed below. The noise enclosure / acoustic shed shall achieve no less than the noise reduction as listed below:
(i) 15dB(A) noise reduction for air compressor;
(ii) 15dB(A) noise reduction for concrete pump
3.9 Silencers shall be implemented to mitigate noise impact from fan ventilation system operation during construction of the Project. The silencers shall achieve no less than 15dB(A) noise reduction for the fan ventilation system operation.
3.10 Noise insulating fabric shall be implemented to mitigate construction noise impacts of the PME as listed below. The noise insulating fabric shall be lapped with no opening or no gap on the joints. The noise insulating fabric shall achieve no less than the noise reduction as listed below:
(i) 10dB(A) noise reduction for drill rig (rotary type, diesel);
(ii) 10dB(A) noise reduction piling (earth auger)
3.11 The Permit Holder shall ensure the implementation of noise mitigation measures in full compliance with the details as set out in accordance with Conditions 3.4, 3.5, 3.6, 3.7, 3.8, 3.9 and 3.10 above to achieve the construction noise performance at noise sensitive receivers as predicted in the EIA Report (Register No.: AEIAR-127/2008).
Measures to Mitigate Construction Landscape Impact
3.12 No Old and Valuable Trees (OVTs) shall be felled or transplanted. The crowns and roots of OVTs shall be preserved in situ.
3.13 There shall be no encroachment of works into the drip line of the OVTs as shown in Figure 2 of this Permit.
4. Measures for Operation of the Project
Measures to Mitigate Operation Noise Impact
4.1 Fixed plant / louvre shall be positioned / located to avoid facing noise sensitive receivers.
Measures to Mitigate Operation Landscape Impact
4.2 The emergency exit in front of the Miramar Shopping Centre shall be located away from the trunk and drip line of the OVTs as shown in Figure 2 of this Permit.
5. Environmental Monitoring and Audit (EM&A) during the Construction Period
5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual for the EIA Report (Register No. AEIAR-127/2008). Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval.
5.2 The Permit Holder shall take samples and measurements in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline monitoring as set out in the EM&A Manual;
(b) conducting impact monitoring as set out in the EM&A Manual;
(c) carrying out remedial actions in accordance with the Event and Action Plan, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of the details of (a) to (c) above within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
5.3 All EM&A data submitted under this Permit shall be true, valid and correct.
5.4 Three hard copies and two electronic copies of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of any construction works. The Report shall include, but without limitation to, the details of the baseline noise monitoring. Additional copies of the submission shall be provided to the Director upon request from the Director.
5.5 Three hard copies and
two electronic copies of monthly EM&A Report shall be submitted to the
Director within 2 weeks after the end of the reporting month. The monthly
EM&A Report shall also document further detailed tree survey information,
tree preservation method statements and tree monitoring, to be supervised by a
certified landscape architect and audited by the ET of the Permit Holder. The
monthly EM&A Report shall also update the amenity value of the three
Delonix trees (along
5.6 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.
5.8 The Permit Holder shall set up a construction complaint investigation procedure at least 2 weeks before the commencement of construction works. The complaint investigation procedure shall follow the requirements set out in the EM&A programme.
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 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 5.4 and 5.5 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.
6.2 All environmental monitoring data described in Condition 6.1 above shall be made available to the public via internet access 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 Permit Holder shall notify the Director in writing, within 4 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.
6.3 The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data / information with features capable of:
(a) providing access to all environmental monitoring data / information collected since the commencement of works (including at least air quality, noise and tree preservation procedures);
(b) searching by date;
(c) searching by types of monitoring data / information (including at least air quality, noise and tree preservation procedures); and
(d) 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 conditions 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 Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.
4. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.
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. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the construction or 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 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 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.
Environmental Permit No. EP-317/2009