Environmental Permit No. EP-337/2009
環境許可證編號EP-337/2009

 

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 EIAO), the Director of Environmental Protection (the Director) grants this Environmental Permit to Civil Engineering and Development Department (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:

 

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土木工程拓展署(下稱許可證持有人) 以建造及營辦B所說明指定工程項目,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-337/2009

 

 

Document in the Register:

登記冊上的文件:

 

(1)     Kai Tak Development - Environmental Impact Assessment (EIA) Report (Volume 1 to Volume 7), EIA Executive Summary and Environmental Monitoring and Audit (EM&A) Manual (Register No. AEIAR-130/2009) [hereinafter referred to as the "EIA Report"]

啟德發展計劃–環境影響評估(環評)報告 (第一冊至第七冊)、環評行政摘要及環境監察及審核計劃 (登記冊編號:AEIAR-130/2009) [下稱 「環評報告」]

 

 

(2)     The Director’s letter of approval of the EIA report dated 4.3.2009 referenced (40) in Ax(3) to EP2/K19/S3/10 Pt.11

署長於200934發出該環評報告的批准信,檔案編號 (40) in Ax(3) to EP2/K19/S3/10 Pt.11

 

 

(3)     Application documents including all attachments submitted by the Permit Holder on 26.3.2009 (Application No. AEP-337/2009)

申請文件包括許可證持有人於2009326提交的所有附件 (申請書編號 AEP-337/2009) [下稱 「申請書」]

 

 

 

 

 

 

 

 

 

 

23 April 2009

2009423

 

 

 

Date

日期

 

(Victor YEUNG)

Acting Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(處理首席環境保護主任 楊維德代行)

 

 


PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)

B (指定工程項目的說明)

 

Hereunder is the description of the designated projects 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所提述的指定工程項目的說明:

 

 

Title of Designated Projects

指定工程項目的名稱

 

New distributor roads serving the planned Kai Tak Development [this is referred hereafter as “the Project”]

服務計劃中的啟德發展的新幹路道路

[本指定工程項目下稱「工程項目」]

  

 

Nature of Designated Projects
指定工程項目的性質

 

 

New district distributor roads.

新地區幹路道路

 

 

Location of Designated Project

指定工程項目的地點

 

The distributor roads are located at the Kai Tak Development area. The location of the Project is shown in Figure 1 of this Permit.

幹路道路位於啟德發展區上1顯示工程的位置。

 

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

 

 

Construction and operation of the following district distributor roads:

(a)  Road D1 – a dual 2-lane carriageway of approximately 1.3 km long.

(b)  Road D2 – a dual 3-lane carriageway of approximately 1.1 km long.

(c)  Road D3 – a dual 2-lane carriageway of approximately 2.3 km long.

(d)  Road D4 – a dual 2-lane carriageway of approximately 0.9 km long.

建造及營辦以下地區幹路道路:

(a)     D1道路 1.3千米長的雙線雙程車道

(b)     D2道路 1.1千米長的三線雙程車道

(c)     D3道路 2.3千米長的雙線雙程車道

(d)     D4道路 0.9千米長的雙線雙程車道

 

 

 


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 (EIA) 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 (a) constitute any ground of defense against any proceedings instituted under any legislation or (b) 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 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 EIA Ordinance Register Office.

 

1.4               The Permit Holder shall give a copy of this Permit to the person(s) in charge of the Project 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 / or 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 as described 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 recommendations described in the EIA Report (Register no. AEIAR-130/2009); 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 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). 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 submission to the Director under this Permit.

 

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 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 the construction of the Project no later than one month prior to the commencement of the 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 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.

 

1.13            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

 

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 two weeks before commencement of construction 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 requirements as contained in the EM&A Manual (Register No. AEIAR-130/2009) of the Project.  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 environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-130/2009) 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 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-130/2009) or 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 two weeks before commencement of construction 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 (Register No. AEIAR-130/2009) of the Project and shall audit the overall EM&A programme, 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 Condition 2.1 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-130/2009) or 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. 

 

Management Organization of Main Construction Companies

 

2.3        The Permit Holder shall, no later than one week 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.

           

Submission of Design Drawing of the Project

 

2.4        The Permit Holder shall, no later than one month before the commencement of the construction works of the Project, deposit four hard copies and one electronic copy of design drawing(s) of the Project, including the promenade deck above Road D3 referred in Condition 2.6 below, with scale of at least 1:1000.

 

            Measures for Mitigating Noise Impact

 

2.5        The following mitigation measures shall be implemented to minimize the possibility of noise impact to sensitive receiver(s) during construction of the Project:

 

(a)     Quiet powered mechanical equipment (PME) shall be used for the construction of the Project.

(b)     Full enclosures shall be used to screen noise from relatively static PMEs (including air compressor, bar bender, concrete pump, generator and water pump) from sensitive receiver(s).

(c)     Movable cantilevered noise barriers shall be used to screen noise from mobile PMEs (including asphalt paver, breaker, excavator and hand-held breaker) from sensitive receiver(s). These movable cantilevered noise barriers shall be located close to the mobile PMEs and shall be moved/adjusted iteratively in step with each movement of the corresponding mobile PMEs in order to maximize their noise reduction effects.

 

2.6        Before commencement of operation of Road D3 or population intake at any of the affected residential development at the ex-runway, whichever is later, a promenade deck as recommended in sections 2.6.111 & 3.3.23 of the EIA Report Volume 1 of 7 (Register No. AEIAR-130/2009) shall be provided above the Road D3 section as indicated in Figure 2 to minimize the possibility of noise impact to sensitive receiver(s) before or during operation of the Project:

 

            Measures for Worker Protection against Potential Land Contamination Impact

 

2.7        The construction of Road D4 shall not commence before the completion of all necessary decontamination works of the EMSD Kowloon Bay Vehicle Repair and Maintenance Workshop, as indicated in Figure 1, to the satisfaction of the Director.

 

2.8        Personnel protective equipment shall be used by site workers for excavation works of Road D4 close to the footprints of the Radar Station and Ex-GFS Building, as indicated in Figure 1, to avoid potential risk due to dermal contact with the groundwater by site workers.

 

            Measures for Protecting Cultural Heritage Findings from Road Construction Impact

 

2.9        The construction of Road D1 shall not commence before the completion of all necessary archaeological investigation and rescue excavation in the vicinity of Trench AA3, as indicated in Figure 1, to the satisfaction of the Director.

 

            Measures for Mitigating Landscaping and Visual Impact

 

2.10      Decorative screen hoarding shall be erected before commencement of construction and shall be maintained throughout the construction period.

 

2.11      The Permit Holder shall, at least one month before the commencement of construction of each of the distributor roads covered under this Project, deposit collectively or individually with the Director four hard copies and one electronic copy of a Landscape Mitigation Plan(s) for the distributor road(s). The Landscape Mitigation 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-130/2009) including at least the following:

 

(a)     Compensatory tree planting shall be incorporated into the Project where trees are affected.

(b)     Tall buffer screen tree/shrub/climber planting shall be incorporated to soften hard engineering structures and facilities.

(c)     Sensitive streetscape design shall be incorporated along the new roads to reflect the new urban development of Kai Tak.

(d)     Structure, ornamental tree/shrub/climber planting shall be provided along roadside amenity strips and central dividers to enhance the townscape quality, where space is available.

(e)     Aesthetically pleasing design as regard to the form, material and finishes shall be incorporated to all buildings, engineering structures and associated infrastructure facilities.

 

2.12      The Permit Holder shall, at least one week before the commencement of operation of each of the distributor roads covered under this Project, deposit collectively or individually with the Director four hard copies and one electronic copy of the as-built drawing(s) for the distributor road(s). The as-built drawing(s) shall be certified by the ET Leader and verified by the IEC as conforming to the Landscape Mitigation Plan(s) deposited under Condition 2.11 above.

 

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

 

3.1        The EM&A programme of the Project shall be implemented in accordance with the procedures and requirements as set out in sections 1, 2, 15 & 16 of the EM&A Manual of the approved EIA Report (Register No. AEIAR-130/2009). Any change to the EM&A requirements or programme shall be justified by the ET Leader and verified by the IEC as conforming to the relevant requirements set out in the EM&A Manual and shall seek the prior approval from the Director before implementation.

 

3.2        Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one month before the commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the relevant requirements as set out in sections 1, 2, 15 & 16 of the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

 

3.3        Four hard copies and one electronic copy of the monthly EM&A Reports shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the relevant requirements as set out in sections 1, 2, 15 & 16 of the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

 

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

 

3.5        Any necessary remedial measures and actions as described in sections 1, 2, 15 & 16 of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in sections 1, 2, 15 & 16 of the EM&A Manual, or as agreed by the Director.

 

4.         Electronic Reporting of EM&A Information

 

4.1        To facilitate public inspection of the Baseline Monitoring Report and the monthly 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 and shall be submitted at the same time as the hard copies as described in Conditions 3.2 and 3.3 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.

 

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, 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, 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 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 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-337/2009

環境許可證編號EP-337/2009

| Figure 1 | Figure 2 |


[ Back to First Page ] / [ Back to Main Index ]