Environmental Permit No. EP ¡V 502/2015

                                                                                    Àô¹Ò³\¥iÃÒ½s¸¹ EP - 502/2015

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

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ENVIRONMENTAL PERMIT TO OPERATE AND DECOMMISSION
DESIGNATED PROJECT

 

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PART A (MAIN PERMIT)

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Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Dragages Hong Kong Limited (hereinafter referred to as the "Permit Holder") to operate and decommission 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:

 

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Application No.

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AEP-502/2015

Document in the Register

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(1)  Operation of the Existing Tai Lam Explosive Magazine at Tai Shu Ha, Yuen Long for Liantang/Heung Yuen Wai Boundary Control Point Project (Register No.: AEIAR-193/2015):
-      Environmental Impact Assessment Report   
-      Environmental Monitoring and Audit Manual
-      Environmental Impact Assessment
Executive Summary

 

[Hereinafter referred to as the ¡§EIA Report¡¨]

    

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(2)  The Director¡¦s letter of approval of the EIA report dated 12 November 2015  

(Refer: (25) in EP2/G/K/164 Pt. 3)

 

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(ÀÉ®×½s¸¹: (25) in EP2/G/K/164 Pt. 3 )

 

(3)  Application for an Environmental Permit submitted by the Permit Holder on 14 August 2015

(Application No.: AEP-502/2015)

 

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(¥Ó½Ð®Ñ½s¸¹: AEP-502/2015)

 

  

 

 

 

 

18 November 2015

2015 ¦~ 11 ¤ë 18 ¤é

 

 

 

 

 

Date

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(Terence TSANG)

Acting Principal Environmental Protection Officer

(Strategic Assessment)

for Director of Environmental Protection

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PART B (DESCRIPTIONS OF DESIGNATED PROJECT(S))

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Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the ¡§Permit¡¨):

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Title of Designated Project(s)

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Operation of the Existing Tai Lam Explosive Magazine at Tai Shu Ha, Yuen Long for Liantang/Heung Yuen Wai Boundary Control Point Project

[This designated project is hereinafter referred to as "the Project"]

 

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Nature of Designated Project(s)

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An explosive depot

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Location of Designated Project(s)

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Tai Shu Ha, Yuen Long

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The location of this Project is shown in Figure 1 of this Permit.

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Scale and Scope of Designated Project(s)

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The Project is to continue operation of the existing Tai Lam explosive magazine at Tai Shu Ha for the Liantang/Heung Yuen Wai Boundary Control Point tunnel project construction works, and decommissioning of the explosive depot upon completion of its operation.

 

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PART C (PERMIT CONDITIONS)

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1.                  General Conditions

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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 Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise Control Ordinance (Cap. 400). 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 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 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 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 operate and decommission 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 operated and decommissioned in accordance with the information and recommendations described in the EIA Report (Register No.: AEIAR-193/2015), the application documents for environmental permit (Application No.: AEP-502/2015), 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 deposited 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). 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 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 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 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/or in Portable Document Format (PDF version 1.3 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 operation and decommission of the Project no later than two months prior to the respective commencement of operation and decommission of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the operation and decommission.

 

2.                  Specific Conditions

           

Submission and/or Measures before Commencement of Operation of the Project

 

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 one month before commencement of operation 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 of the Project. 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-193/2015) and 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 EIA Report (Register No.: AEIAR-193/2015) 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 by the Permit Holder no later than one month before commencement of operation 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 of the Project and shall audit the overall EM&A performance, 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 EIA Report (Register No.: AEIAR-193/2015) and 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. 

 

 

Submissions and/or Measures to be Implemented During Operation/Decommissioning  of the Project

 

2.3              Only the routes shown in Figures 2, 3 and 4 are allowed for delivery of explosives from the magazine to the worksites.

 

2.4              The Permit Holder shall ensure that there is no explosive stored at the explosives magazine before commencement and during the course of the decommissioning works.

 

2.5              The Permit Holder shall implement reinstatement planting upon completion of operation of the magazine as per the Approved Tree Planting and Landscape Plan for XRL - TLP-10 : Works in Yuen Long District (Tai Shu Ha) (Revision 1) in Annex 3B of the EIA Report (Register No.: AEIAR-193/2015).

 

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

 

3.1              The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. 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 monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of each reporting month throughout the entire operation and decommissioning period. The EM&A Reports shall include a summary of all non-compliance. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided to the Director upon request by the Director.

 

3.3              All EM&A data submitted under this Permit shall be true, valid and correct.

 

4.                  Electronic Reporting of EM&A Information

 

4.1              To facilitate public inspection of 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/or in Portable Document Format (PDF version 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Condition 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 hardcopies. 

 

4.2              The Permit Holder shall set up a dedicated website and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within one month after the commencement of operation of the Project.  All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated website to be set up by the Permit Holder in the shortest time practicable, 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 maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire operation period and during the first 3-year, after the project has been decommissioned, or otherwise as agreed by the Director.

 

4.3              The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and project profile of the Project.  The internet website shall have features capable of:-

 

(a)      providing access to all environmental monitoring data collected since the commencement of operation and all submissions under this permit;

(b)      searching by date;

(c)      searching by types of monitoring data; and

(d)      hyperlinks to relevant monitoring data after searching.

 

or otherwise as agreed by the Director.

 

 

 


Notes:
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1.                  This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project(s)) 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.

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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.

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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.

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4.                  A person who assumes the responsibility for the whole or a part of the designated project(s) may, before he assumes responsibility of the designated project(s), apply under Section 12 of the EIAO to the Director for a further environmental permit.

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5.                  Under Section 14 of the EIAO, 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.

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6.                  If this Permit is cancelled or surrendered during operation or decommission 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 operate or decommission a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.

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7.                  Any person who operates or decommissions the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable:

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(i)        on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

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(ii)      on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

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(iii)    on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

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(iv)    on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

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(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.

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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.

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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.

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Figure 1 | Figure 2 | Figure 3 | Figure 4 | 


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