Environmental Permit
No. EP-414/2011
環境許可證編號 EP-414/2011
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
Section 10
環境影響評估條例
(第499章)
第 10 條
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
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 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:
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香港鐵路有限公司(下稱“許可證持有人”)，以建造及營辦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-414/2011 |
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Document in the Register: 登記冊上的文件： |
(1) Project
Profile – “Reprovision of Bridges D1 and T in (Register No. PP-428/2011) 工程項目簡介
– “西九龍重置D1及T橋樑工程”
(登記冊編號：PP-428/2011) (2)
The Director’s letter
of permission to apply directly for environmental permit dated 14 February
2011 (Reference: (20) in EP2/K20/A/17) 署長於 (3)
Application for
Environmental Permit submitted by the Permit Holder on 16 February 2011
(Application No. AEP-414/2011) 許可證持有人於 (申請書編號 AEP-414/2011) |
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1 March 2011 |
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Date 日期 |
(Ken
Y. K. WONG) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任黃耀光 代行) |
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PART B (DESCRIPTIONS OF
DESIGNATED PROJECT)
B部 (指定工程項目的說明)
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:
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Title of Designated Project 指定工程項目的名稱 |
Reprovision
of Bridges D1 and T in 西九龍重置D1及T橋樑工程 [This designated project is hereinafter referred to as “the
Project”.] [這指定工程項目下稱“工程項目”] |
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Nature of Designated Project |
Construction
and operation of the Project constituting material change to the 建造及營辦對西九龍公路構成實質改變的工程項目 |
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Location of Designated Project 指定工程項目的地點 |
西九龍 Figure 1
attached to this Permit shows the location of the Project. 工程項目的位置載於本許可證的附圖1。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The Project will involve provision of
replacement bridges and associated at-grade approach road section, and the demolition
of two existing reinforced concrete bridges D1 and T in 本工程項目將涉及在西九龍興建及重置橋樑和相連的地面接駁道路和拆卸D1及T橋的現存兩條鋼筋混凝土橋樑。 |
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) 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
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
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 recommendations described in
the Project Profile (Register No.: PP-428/2011), the Application for
Environmental Permit (Application No.: AEP-414/2011),
the information and 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. 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,
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
No tree shall be felled due to the Project.
2.2
The Permit Holder shall, no later than two weeks before the
commencement of construction of the project, submit for approval four hard
copies of the landscape plan including the existing tree protection proposal
and the soft landscape treatment plan to be implemented.
2.3
The Permit Holder shall fully implement the landscape plan
approved under Condition 2.2 of this Permit.
2.4
The steel structure of replacement bridges shall be painted with a
light grey colour to match with the adjoining existing concrete structures.
2.5
During the construction period, the Permit Holder shall employ an
independent checker to audit the implementation of all mitigation measures
recommended in the Project Profile (Register No. PP-428/2011) and in this
Permit.
2.6
The Permit Holder shall submit a monthly audit report to confirm
full implementation of the mitigation measures during and
upon the completion of the construction. Before submission to the
Director, the monthly audit report shall be certified by the independent
checker. Three hard copies and one electronic copy of the monthly audit report
shall be submitted to the Director within two weeks after the end of the
reporting month.
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 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
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 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 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-414/2011
環境許可證編號 EP-414/2011