Environmental Permit No. EP-519/2016

                                                          環境許可證編號: EP-519/2016

 

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 (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the 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(環評條例) 10條的規定,環境保護署長(署長)將本環境許可證批土木工程拓展署(下稱許可證持有人”)以建造營辦B所說明的指定工程項目,但須遵守C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

 

Application No.

申請書編號:

AEP-519/2016

 

Document in the Register:

登記冊上的文件

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

(3)

Tung Chung New Town Extension (December 2015)

(Register No. AEIAR-196/2016)

-Environmental Impact Assessment Report

[Hereinafter referred to as the “EIA Report”]

-EIA Executive Summary

[Hereinafter referred to as the “EIA Executive Summary”]

-Environmental Monitoring and Audit Manual

[Hereinafter referred to as the “EM&A Manual”]

 

新市鎮擴展 (201512)

(登記檔號: AEIAR-196/2016)

-環境影響評估報告 [下稱「環評報告」]

-環境影響評估報告行政摘要 [下稱「環評行政摘要」]

-環境監察及審核手冊 [下稱 環監手冊]

 

The Director’s letter of approval of the EIA Report dated 8 April 2016 (Reference: (37) in EP2/N9/S3/145 Pt.12)

署長於201648日發出批准環評報告的信件 (檔案編號:(37) in EP2/N9/S3/145 Pt.12)

 

Application for environmental permit submitted by the Permit Holder on 15 July 2016 (Application No. AEP-519/2016)

許可證持有人於2016715日提交的環境許可證申請 (申請書編號:AEP- 519/2016)

 

 

 

            9 August 2016

          201689

Date

日期

 

(Louis P.L. CHAN)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署長

(首席環境保護主任代行)


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提指定工程項目的說明

 

Title of Designated Project

指定工程項目的名稱

Tung Chung New Town Extension [This designated project is hereinafter referred to as “the Project”]

 

新市鎮擴展

[本指定工程項目下稱「工程項目」]

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

 

(i)                 Reclamation works (including associated dredging works) more than 5 ha in size;

面積超過5公頃的填海工程(包括相聯挖泥工程)

(ii)               A road which is a primary distributor road or district distributor road including new roads, and major extensions or improvements to existing roads;

主要幹路或地區幹路的道路,包括新路及對現有道路作重大擴建或改善的部分;

(iii)             A road or railway bridge more than 100 m in length between abutments;

橋台之間的長度超過100米的行車橋樑或鐵路橋樑;

(iv)             A sewage pumping station with an installed capacity of more than 2,000 m3 per day and a boundary of which is less than 150m from an existing or planned sensitive receivers;

污水泵水站,而其裝置的泵水能力超過每天2000立方米,且其一條界線距離一個現有的或計劃中的敏感受體的最近界線少於150;

(v)               A drainage channel or river training and diversion works which discharges or discharge into an area which is less than 300m from the nearest boundary of an existing or planned conservation area or coastal protection area; and

排水道或河流治理與導流工程,而該工程排水入一個地區,該地區距離一個現有的或計劃中的自然保育區以或海濱保護區的最近界線少於300; 以及

(vi)             Any works partly or wholly in an existing or gazetted proposed conservation area.

任何建築工程,而該等項目部分或全部位於現有或經憲報刊登的建議中的自然保育區。

 

Location of Designated Project

指定工程項目的地點

 

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

工程項目的地點見本許可證1

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

 

The Project mainly includes:

工程項目主要包括以下各項:

 

(i)                 reclamation of about 129 ha of land at Tung Chung East;

 

(ii)               construction and operation of Road P1, a primary distributor road, connecting Tung Chung to Tai Ho at Tung Chung East;

 

(iii)             construction and operation of Roads D1, D2, D3 and D4, district distributor roads, at Tung Chung East and extended Chung Mun Road at Tung Chung West;

 

(iv)             construction and operation of 4 sewage pumping stations at both Tung Chung East and Tung Chung West, each with a capacity more than 2,000m3/day;

 

(v)               upgrading and operation of the existing Chung Mun Road Sewage Pumping Station at Tung Chung West from the current capacity of 12,360m3/day to a future capacity of 20,660m3/day;

 

(vi)             revitalisation of an existing channelized section of Tung Chung Stream of about 625m long, in which about 415m of it would form part of a River Park at Tung Chung West and provision of sustainable urban drainage systems; and

 

(vii)           earthworks within conservation area(s) and/or coastal protection area zoning(s).

 

 


PART C (PERMIT CONDITIONS)

C (許可證條件)

1.         GENERAL CONDITIONS

        一般

 

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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap. 466). 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 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 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 approved EIA Report (Register No. AEIAR-196/2016), the application documents for Environmental Permit (Application No. AEP-519/2016), other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in the 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 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, 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 2.2 and 2.7 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 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 Director shall be notified in writing the commencement dates of construction and operation of the Project no later than one month prior to the respective commencement of construction and operation of the Project. The Director shall be notified in writing immediately if there is any change of the commencement dates of the construction and operation.

           

1.13     For the purpose of this Permit, “commencement of construction” does not include works related to site investigation, clearance and preparation, or other works as agreed by the Director.

           

2        SPECIFIC CONDITIONS

特定條件

Setting up of Community and Professional Liaison Groups

 

2.1              To enhance transparency and communication with the public, the Permit Holder shall, no later than one month before the commencement of construction of the Project, set up Community and Professional Liaison Groups comprising the Environmental Team (ET) Leader and the Independent Environmental Checker (IEC) appointed under Conditions 2.2 and 2.7 respectively together with members of affected parties including local residents and relevant professional/experts to facilitate communications, enquiries and complaints handling on all environmental issues relating to the Project. The Permit Holder shall take a proactive approach to disseminate information to the groups, promote community cooperation and participation and implement suitable local environmental enhancement works.  All relevant information of the Project including the detailed design, the progress of construction and operation and environmental monitoring and audit results shall be provided to the groups.  The Permit Holder shall inform the Director in writing the membership and terms of reference of the groups.  The Permit Holder shall make the minutes of the groups’ meetings and all papers and documents available to the public through a website.

 

The Permit Holder shall also, no later than one month before the commencement of construction of the Project, formulate and deposit a detailed Complaint Management Plan (The Plan) with the Director.  The Plan shall include a dedicated complaint hotline and an email channel for timely response to complaints.

 

Employment of ET

 

2.2              A single full time on-site ET, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than 3 months before the commencement of construction of the Project.  The ET shall be directly supervised by the Engineer’s Representative of the Permit Holder (ER) and shall not be in any way an associated body of the Contractor or the IEC for the Project.  The Permit Holder shall provide a site office to the ET for use. The ET shall be headed by a full time on-site 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. 

 

2.3              The ET and the ET Leader shall be responsible for:

 

(i)         implementing the EM&A programme in accordance with the EM&A requirements as contained in the updated EM&A Manual of the Project as mentioned in Condition 3.1 below;

 

(ii)        certifying the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the updated EM&A Manual and under this Permit;

 

(iii)       carrying out site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the updated EM&A Manual of the Project and to take pro-active actions to pre-empt environmental problems;

 

(iv)       notifying the IEC within one working day of the occurrence of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the approved EIA Report (Register No. AEIAR-196/2016) and this Permit; and

 

(v)        keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances.  The 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-196/2016) and this Permit or by the Director or his authorized officers.

 

2.4              Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the updated 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.

 

Employment of Qualified Ecologist(s)

 

2.5              The Permit Holder shall, no later than 3 months before the commencement of the construction of the Project, appoint Qualified Ecologist(s) to form part of the ET to carry out work relating to ecological aspects including but not limited to dolphin monitoring, amphibian monitoring, and post-planting/transplanting monitoring and to prepare submissions for the Project as required under Conditions 2.13 to 2.22 respectively.  Each Qualified Ecologist shall be a person who has at least 5 years of relevant experience.  The qualification and experience of the Qualified Ecologist(s) shall be certified by the ET Leader and verified by the IEC.

 

Employment of Surveillance Team

 

2.6              The Permit Holder shall, no later than 3 months before the commencement of construction of the Project, employ a Surveillance Team to form part of the ET to conduct regular site inspections to identify and report immediately to the IEC, the ER and the Director on suspected illegal dumping and landfilling of construction and demolition (C&D) materials within the Project site throughout the construction phase.  Each member of the Surveillance Team shall be a person who has at least 3 years of experience in EM&A or environmental management.  The qualification and experience of the members of the Surveillance Team shall be certified by the ET Leader and verified by the IEC.

 

Employment of IEC

 

2.7              A single full time on-site IEC with a supporting team shall be employed by the Permit Holder no later than 3 months before the commencement of construction of the Project.  The IEC and his team shall not be in any way an associated body of the ER, the Contractor or the ET for the Project.  The IEC shall be approved by the Director before appointment by the Permit Holder. The Permit Holder shall provide a site office to the IEC and the supporting team for use.  The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

 

2.8              The IEC shall report directly to the Director on matters relating to the EM&A programme and environmental impacts from the Project and shall submit to the Director for approval, no later than 3 weeks before the commencement of the construction of the Project, a proposal on the reporting mechanism covering the approaches for the IEC and the team to report to the Director on:

 

(i)          how to discharge all the duties specified under the EM&A programme and this Permit, taking into account the construction activities and programme of the Project;

 

(ii)        how to handle each and every change of circumstances, emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling relating to the Project) or non-compliance (including suspects of non-compliance) with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-196/2016), the updated EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project; and

 

(iii)       how to keep proper records in order to respond to questions and enquires from the Director on the EM&A programme and duties discharged by the IEC.

2.9              The IEC shall be responsible for duties defined in the updated EM&A Manual and this Permit, including but not limited to the following:

 

(i)                 to audit the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site;

 

(ii)               to verify the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the updated EM&A Manual and under this Permit;

 

(iii)             to verify the log-book(s) mentioned in Condition 2.3(v);

 

(iv)             to notify the Director by fax or email, within one working day of receipt of notification from the ET Leader, or identification by the IEC and his team, of each and every change of circumstances and emergency events mentioned in Condition 2.8(ii);

 

(v)               to liaise closely with the Director;

 

(vi)             to accompany the Director in carrying out site inspections and attending meetings when requested;

 

(vii)           to offer objective and professional advice on environmental issues, when requested, and to respond to questions and enquires from the Director on the EM&A programme and duties discharged by the IEC, with the support of relevant information, documents and records as appropriate; and

 

(viii)         to allocate adequate resources, including any necessary specialist support, for discharging the duties required in this Permit and the updated EM&A Manual.

2.10          If the Director considers the IEC fails to discharge the duties of the IEC as defined in the updated EM&A Manual or in this Permit, 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 to be made before or during the Construction of the Project

 

Submission of Management Organizations

2.11           The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, inform the Director in writing with the following information which shall include at least an organization chart, names of responsible persons and their contact details:

(i) the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project; 

(ii)               the management organization of the ET; and

(iii)        the management organization of the IEC and the supporting team.
 

Submission of Construction Works Schedule and Location Plans

 

2.12          The Permit Holder shall, no later than 3 months before the commencement of construction of the Project, deposit 3 hard copies and 1 electronic copy of a work plan (The Plan) with the Director.  The Plan shall include at least the following information/specifications:

 

(i)            a detailed phasing programme of all construction works including reclamation, seawall construction, roadworks, river park and sewage pumping stations of the Project; and

 

(ii)          location plan of all construction works in an appropriate scale.

 

Submission of Works Vessel Travel Route Plan

 

2.13         The Permit Holder shall, no later than 3 months before the commencement of the reclamation related marine works at Tung Chung East, submit 3 hard copies and 1 electronic copy of a Works Vessel Travel Route Plan (The Plan) to the Director for approval.  The Plan shall include at least the following information/specifications:

 

 

(i)     the normal operational routings of the construction works vessels which shall be followed when travelling within the proposed Brothers Marine Park, particularly the core area, and the hotspots of the Chinese White Dolphins near Sha Chau and Lung Kwu Chau Marine Park, along the Urmston Road;

 

(ii)          any special circumstances, including but not limited to inclement weather and marine safety, that require deviations from the normal operational routings of the construction works vessels and the approval mechanism for the deviations involving the ET Leader and the IEC;

 

(iii)        ways to minimize trips of the construction works vessels to and from the works site and to cap the number of works vessels to a maximum of 56 and 10 round trips on a daily and hourly basis respectively;

 

(iv)        speed limit of 8 knots for construction works vessels within the proposed Brothers Marine Park;

 

(v)          no stopover or anchoring within the proposed Brothers Marine Park;

 

(vi)        all works vessels to be equipped with Global Positioning System (GPS) or equivalent automatic identification system (AIS) for real time tracking and monitoring of their travel routings, speed, and anchorage points;

 

(vii)      proposals for record and analysis of data collected by GPS or equivalent AIS relating to travel routings, speed and anchorage points of works vessels;

 

(viii)    trainings for construction vessels’ personnel to follow The Plan; and

 

(ix)        follow-up actions to be taken by the Contractor for violating The Plan for the first time as well as repeated violations.

 

Submission of Eco-shoreline Implementation Plan

 

2.14         The Permit Holder shall, no later than 3 months before the commencement of construction of the eco-shoreline at Tung Chung East, submit 3 hard copies and 1 electronic copy of a detailed Eco-shoreline Implementation Plan (The Plan) to the Director for approval.  The Plan shall include at least the following information:

 

(i)            the form of eco-shoreline to be adopted for the artificial seawall along the reclamation boundary at Tung Chung East;

 

(ii)          a robust and innovative eco-shoreline design with clear objectives of enhancing its ecological, landscape, visual and other functions;

 

(iii)        an implementation programme;

 

(iv)        detailed management arrangements; and

 

(v)          a monitoring programme with indicators for success.

 

Submission of Dolphin Watching Plan

 

2.15          The Permit Holder shall, no later than 3 months before the commencement of reclamation related marine works at Tung Chung East, submit 3 hard copies and 1 electronic copy of Dolphin Watching Plan (The Plan) to the Director for approval.  The Plan shall include regular inspection of silt curtains, visual inspection of the waters around silt curtains and the works areas, and a response plan to cope with any unpredicted incidents such as sighting of Chinese White Dolphins within the waters surrounded by silt curtains.

 

Submission of Silt Curtain Deployment Plan

 

2.16          The Permit Holder shall, no later than 3 months before the commencement of reclamation related marine works at Tung Chung East, submit 3 hard copies and 1 electronic copy of a Silt Curtain Deployment Plan (The Plan) to the Director for approval.  The Plan shall include at least the following information/specifications:

 

(i)            the construction programme and details on the design, operation and maintenance of silt curtain(s) to be deployed during the construction; and

 

(ii)          implementation of regular patrol and monitoring to ensure timely repair and maintenance of silt curtain(s).

 

Submission of Spill Response Plan

 

2.17          The Permit Holder shall, no later than 3 months before the commencement of reclamation related marine works at Tung Chung East, submit to the Director for approval 3 hard copies and 1 electronic copy of a Spill Response Plan (The Plan) detailing the actions to be taken in the event of accidental spillage of oil or other hazardous chemicals during construction of the Project.  The Plan shall include vessels operating for the Project, with specific provisions for protecting water quality and marine ecology.

 

Submission of Plan on Provision of Buffer Zones

 

2.18          The Permit Holder shall, no later than 3 months before the commencement of construction works at Tung Chung Valley, submit a Plan on provision of buffer zones, in the form of either Conservation Area” zone, “Coastal Protection Area” zone, “Other Specified Uses” zone or other appropriate zonings alongside the eastern and western branches as well as the major tributary of the Tung Chung Stream for its protection, to the Director for approval.  The buffer zones shall, as far as practicable, be no less than 30 metres in width on either side of the Stream.

 

Submission of River Park Plan

 

2.19          The Permit Holder shall, no later than 3 months before the commencement of construction works at Tung Chung Valley, submit 3 hard copies and 1 electronic copy of the River Park Plan (The Plan) to the Director for approval.  The Plan shall include at least the following information:

 

(i)            the location of the existing channelised Tung Chung Stream, with a length of at least 415m, to be revitalized and to form part of the River Park;

 

(ii)          the details of the storm attenuation and treatment ponds to be provided alongside the Tung Chung Stream, including locations of ponds, design and planting details to enhance ecological values and implementation programme;

 

(iii)        the design of the River Park, including details of viewing decks/board walk and passive recreation zone for appreciation of the natural environment to promote eco-education; 

 

(iv)        the planting details of the River Park, including at least 0.5 ha of emergent planting including the larval food plant of the butterfly species Jhora Scrub Hopper, i.e. Leersia hexandra, to enhance ecological values; and

 

(v)          the implementation programme, maintenance and management arrangements and monitoring requirements.

 

Submission of Habitat Enhancement and Translocation Plan for Amphibian Species of Conservation Importance

 

2.20          The Permit Holder shall, no later than 3 months before the commencement of construction works at Tung Chung Valley, submit 3 hard copies and 1 electronic copy of a Habitat Enhancement and Translocation Plan (The Plan) for the amphibian species of conservation importance, including Romer’s Tree Frogs, that could be affected by the Project to the Director for approval.  The Plan shall include at least the following information:

 

(i)            the target species;

 

(ii)          methodology for pre-construction survey, capture and translocation for each species;

 

(iii)        identification of suitable receptor sites with recommended measures for enhancing the habitats for each species at the receptor sites;

 

(iv)        an implementation programme; and

 

(v)          a post-release monitoring programme.

 

Submission of Detailed Preservation and/or Translocation Plan for Plant Species of Conservation Importance

 

2.21          The Permit Holder shall, no later than 3 months before the commencement of construction works at Tung Chung Valley, submit 3 hardcopies and 1 electronic copy of a Preservation and/or Translocation Plan (The Plan) for the plant species of conservation importance, including but not limited to Aquilaria sinensis, Pavetta hongkongensis and Gmelina chinensis, that could be affected by the Project to the Director for approval.  The Plan shall include at least the following information:

 

(i)            the target species;

 

(ii)          methodology for pre-construction survey, preservation and/or translocation for each species;

 

(iii)        identification of suitable receptor sites;

 

(iv)        an implementation programme; and

 

(v)          a post-translocation monitoring programme.

Submission of Detailed Compensatory Woodland Planting Plan

 

2.22          The Permit Holder shall, no later than 3 months before the commencement of construction works at Tung Chung Valley, submit 3 hardcopies and 1 electronic copy of a Detailed Compensatory Woodland Planting Plan (The Plan) to the Director for approval.  The Plan shall include at least the following information:

 

(i)            extent of woodland loss, including site locations and sizes, and plant species and their numbers to be felled;

 

(ii)          plant species to be selected for compensation with justifications;

 

(iii)        site conditions and sizes of compensatory planting areas;

 

(iv)        planting scheme including but not limited to site preparation, size standards of planting, planting space and matrix for each planting site; and planting schedule, including but not limited to, early and timely arrangement for sourcing or nursery propagation of the required species;

 

(v)          fire control measures for planting; and

 

(vi)        a detailed post-planting monitoring and maintenance programme, with action targets to be established using percentage canopy cover formation for each planting plot to ensure effective woodland establishment in the long term.

 

Submission of Plan for Review of Use of New Low Noise Road Surfacing Material(s)

 

2.23          The Permit Holder shall, no later than 3 months before the commencement of construction of roadworks, submit 3 hardcopies and 1 electronic copy of a plan  for review of the use of new low noise road surfacing material(s) (The Plan) to the Director for approval.  The Plan shall include at least the following information:

 

(i)            the environmental benefits, including but not limited to reduction of traffic noise impacts, of adopting the new low noise road surfacing material(s) as an alternative noise mitigation measure to the material(s) currently in use;

 

(ii)          the extent and locations of providing the new road surfacing material(s) for the roadworks covered by this Permit with justifications; and

 

(iii)        reduction in traffic noise impacts at specific sensitive receivers and minimization of the extent of noise barriers for the roadworks covered by this Permit as a resulting of applying the new road surfacing material(s).

 

Submission of Waste Management Plan

 

2.24          The Permit Holder shall, no later than 3 months before the commencement of construction of the Project, deposit 3 hard copies and 1 electronic copy of a Waste Management Plan (The Plan) for the construction of the Project with the Director.  The Plan shall include at least the following information:

 

(i)            arrangements for avoidance, minimization, recovery, recycling, reuse, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities;

 

(ii)          the recommended mitigation measures on waste management contained in the approved EIA report (Register No. AEIAR-196/2016);

 

(iii)        maximization of the use of C&D materials for the land formation work during the construction phase of the Project;

 

(iv)        critical review of the scheduling of the surcharge operations to avoid, or otherwise, minimize generation of residual C&D materials requiring disposal during and at the end of the land formation work;

 

(v)          designated disposal location(s) for all surplus excavated spoil and other wastes;

 

(vi)        all dump trucks engaged on site to be equipped with GPS or equivalent automatic system for real time tracking and monitoring of their travel routings and parking locations to prohibit illegal dumping and landfilling of C&D materials;

 

(vii)      proposals for record and analysis of data collected by GPS or equivalent automatic system relating to travel routings and parking locations of dump trucks engaged on site;

 

(viii)    reporting of illegal dumping and landfilling of C&D materials outside the designated disposal locations by the Surveillance Team appointed under Condition 2.6; and

 

(ix)        follow-up actions to be taken by the Contractor and dump truck drivers for committing suspected offences relating to illegal dumping and landfilling of C&D materials.

 

Measures to be Implemented for the Construction of the Project

 

            Measures to Mitigate Water Quality Impacts

 

2.25          The Permit Holder shall implement the following measures for the reclamation works:

 

(i)            no dredging of marine sediment shall be carried out for the Project;

 

(ii)          all reclamation filling works shall be carried out within a leading seawall of at least 200m; and

 

(iii)        silt curtains surrounding the reclamation area shall be deployed in accordance with the Silt Curtain Deployment Plan in accordance with Condition 2.16.

 

 

2.26          The Permit Holder shall implement the following plans:

 

(i)            Silt Curtain Deployment Plan in accordance with Condition 2.16; and

 

(ii)          Spill Response Plan in accordance with Condition 2.17.

 

Measures to Mitigate Ecological Impacts (Marine)

 

2.27          A dolphin exclusion zone of 250m shall be implemented around the reclamation site at Tung Chung East during the installation of the perimeter silt curtains and any re-deployment of the perimeter silt curtains. Prior to the start of the reclamation works, Qualified Ecologist(s) with dolphin monitoring experience shall scan the exclusion zone for at least 30 minutes. If dolphins are observed in the exclusion zone, the installation/re-deployment works shall be delayed until they have left the area. If dolphins are observed within the exclusion zone during installation/re-deployment works, the relevant part of the works shall cease until the dolphins have left the area.

 

2.28          Once the perimeter silt curtains as mentioned in Condition 2.26 above are installed or re-deployed, the Dolphin Watching Plan as approved under Condition 2.15 of this Permit shall be implemented as part of the EM&A programme.

 

2.29          To minimize acoustic disturbance to Chinese White Dolphins,

 

(i)                 no underwater blasting and percussive piling shall be carried out for the Project; and 

 

(ii)               air compressors and other noisy equipment mounted on works vessels shall be acoustically-decoupled.

 

2.30          The Permit Holder shall implement the following plans:

 

(i)            Works Vessel Travel Route Plan in accordance with Condition 2.13;

 

(ii)          Eco-shoreline Implementation Plan in accordance with Condition 2.14; and

 

(iii)        Dolphin Watching Plan in accordance with Condition 2.15.

 

Measures to Mitigate Ecological Impacts (Terrestrial)

 

2.31          The Permit Holder shall implement the following plans:

 

(i)            Plan on Provision of Buffer Zones in accordance with Condition 2.18;

 

(ii)          River Park Plan in accordance with Condition 2.19;

 

(iii)        Habitat Enhancement and Translocation Plan for Amphibian Species of Conservation Importance in accordance with Condition 2.20;

 

(iv)        Detailed Preservation and/or Translocation Plan for Plant Species of Conservation Importance in accordance with Condition 2.21; and

 

(v)          Detailed Compensatory Woodland Planting Plan in accordance with Condition 2.22.

 

Measures to Mitigate other Environmental Impacts

 

2.32          The Permit Holder shall implement the following plans:

 

(i)            Plan for review of the use of new road surfacing material(s) in accordance with Condition 2.23; and

 

(ii)          Waste Management Plan in accordance with Condition 2.24.

 

Measures to be Implemented for the Operation of the Project

 

Measures to Mitigate Traffic Noise Impact

 

2.33          To mitigate traffic noise impact arising from the roadworks, the Permit Holder shall install noise barriers and low noise road surfacing at the extended Chung Mun Road and Road D3 as described in Table 1 and Figures 2 and 3 of this Permit.

 

All noise mitigation measures implemented shall be properly maintained during the operation of the above roads.

 

Measures to Mitigate Impacts during Operation of Sewage Pumping Stations

 

2.34          To minimize odour impact during operation of the sewage pumping stations, the Permit Holder shall implement the following measures:

 

(i)            a deodouriser with an odour removal efficiency of at least 95% shall be installed, operated and maintained within each sewage pumping station.  The exhaust of the deodouriser shall be oriented away from sensitive receivers; and 

 

(ii)          all odourous facilities of each sewage pumping station shall be enclosed and negative pressure shall be maintained within the facilities.

 

2.35          To minimize noise impact during operation of the sewage pumping stations, the Permit Holder shall enclose all the pumps inside a building structure.

 

2.36          To minimize the chance of emergency sewage bypass during operation of the sewage pumping stations, the Permit Holder shall implement the following mitigation measures:

 

(i)            a 100% standby pumping capacity shall be installed and maintained;

 

(ii)          a 50% spare pumping capacity shall be installed and maintained;

 

(iii)        dual-feed power supply shall be installed and maintained; and

 

(iv)        an emergency facility with a 6-hour storage capacity of average dry weather flow shall be installed and maintained.

 

3                    ENVIRONMENTAL MONITORING AND AUDIT REQUIREMENTS

         環境監察及審核規定

 

3.1       The Permit Holder shall, no later than 3 months before the commencement of construction of the Project, submit 10 hard copies and 1 electronic copy of an updated EM&A Manual to the Director for approval.  The updated EM&A Manual shall include at least the following information:

           

(i)                 updates on the project organization chart together with Event and Action Plans under the EM&A progarmme in accordance with Conditions 2.2 to 2.10 ;

 

(ii)               updates on the works vessel travel routes, deployment of silt curtain(s), post-planting monitoring and maintenance, use of new low noise road surfacing material(s) as well as follow-up actions to be taken by the Contractor and dump truck drivers in case of illegal dumping and landfilling of C&D materials in the Environmental Mitigation Implementation Schedule in accordance with Conditions 2.13, 2.16, 2.22, 2.23 and 2.24 respectively;

 

(iii)             reporting of actions taken under the Complaint Management Plan in accordance with Condition 2.1; and

 

(iv)             a format of the log-book as stated in Condition 2.3(v).

 

3.2       The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements as set out in the updated EM&A Manual. 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 updated EM&A Manual before submission to the Director for approval.

 

3.3       The Permit Holder shall take samples, measurements and necessary remedial actions in accordance with the requirements of the updated EM&A Manual by:

 

(i)                 conducting baseline environmental monitoring;

 

(ii)               conducting impact monitoring;

 

(iii)             carrying out remedial actions described in the Event/Action Plans of the updated EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the updated EM&A Manual are exceeded; and

 

(iv)             logging and keeping records of the details of (i) to (iii) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

 

3.4       The Permit Holder shall submit 4 hard copies and 1 electronic copy of relevant Baseline Monitoring Reports to the Director at least 2 weeks before the commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the updated EM&A Manual before submission to the Director.  Additional copies of the Baseline Monitoring Reports shall be provided upon request by the Director.

 

3.5       The Permit Holder shall submit 4 hard copies and 1 electronic copy of Monthly EM&A Reports for the construction stage of the Project to the Director, within 2 weeks after the end of the reporting month.  The monthly EM&A Reports shall include an executive summary of all environmental audit results, together with actions taken in the event of non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels), complaints received and emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling).  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the updated EM&A Manual before submission to the Director.  Additional copies of the Monthly EM&A Reports shall be provided upon request by the Director.

               

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

 

3.7     To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated website to be set up by the Permit Holder under Condition 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

 

4.         ELECTRONIC REPORTING OF EM&A INFORMATION

環監資料的電子

 

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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.4 and 3.5 above.  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, JPEG or PDF 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, within 6 weeks after the commencement of construction of the Project, set up a dedicated Internet website 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 website 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.  All finalized submissions and plans shall be made available to the public via the dedicated Internet website in the shortest possible time and in any event no later than 2 weeks after the submissions and plans are approved by or deposited with the Director, unless otherwise agreed with the Director.

 

4.3       The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the Project Profile and this Permit.  The Internet website shall have features capable of: 

(i)         providing access to all environmental monitoring data of this Project collected   since the commencement of construction;

 

(ii)       searching by date;

(iii)     searching by types of monitoring data; and

(iv)     hyperlinking to relevant monitoring data after searching;

 

or otherwise as agreed by the Director.

 

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 shall obtain independent legal advice on the legal implications under the EIAO, and the following notes are for general information only.

            本許可證共有3部,即A (許可證主要部分)B (指定工程項目的說明) C (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見,下述註解只供一般參考用。

 

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.

            如違反本許可證的任何條件,署長或獲授權人員徵得環境局局長的同意後勒令停止相關工程,直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下,許可證持有人未經署長或獲授權人員同意,不得進行任何相關工程。

 

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.

            許可證持有人可根據環評條例第13條的規定向署長申請更改本環境許可證的條件。許可證持有人須將經修改的許可證替換在建造工地內展示的原有許可證。

 

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 EIAO to the Director for a further environmental permit.

承擔工程項目整項或部分工程的責任的人,在承擔責任之前,可根據環評條例第12條的規定向署長申請新的環境許可證。

 

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.

根據環評條例第14條的規定,署長可在環境局局長的同意下暫時吊銷、更改或取消環境許可證。遭暫時吊銷、更改或取消的環境許可證必須從工程項目工地除下,不再展示。

 

6.         If this Permit is cancelled or surrendered during the 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 1 and 2 of Schedule 2 of the EIAO without a valid environmental permit.

如果本許可證在工程項目建造或營辦期間取消或交回,則在繼續營辦工程項目之前,必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定,任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表212部所列明的指定工程項目,即屬犯罪。

 

7.         Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable:
如任何人在違反本許可證的條件下建造或營辦工程項目,根據環評條例,即屬犯罪

(i)                 on a first conviction on indictment to a fine of $2 million and to   imprisonment for 6 months;
一經公訴程序首次定罪,可處罰款200萬元及監禁6個月;

(ii)               on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
一經公訴程序第二次或其後每次定罪,可處罰款500萬元及監禁2年;

(iii)             on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經簡易程序首次定罪,可處第6級罰款及監禁6個月;

(iv)             on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
一經簡易程序第二次或其後每次定罪,可處罰款100萬元及監禁1年;及

(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.
在任何情況下如該罪行屬持續性質,則法院或裁判官可就其信納該罪行持續的每天另處罰款10,000元。

 

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.

許可證持有人可在接獲本許可證後30天內,根據環評條例第17條就本許可證的任何條件提出上訴。

 

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.

上述註解只供一般參考用,欲知有關詳情,許可證持有人須參閱環評條例及徵詢獨立法律意見。

 

 Environmental Permit No. EP-519/2016

環境許可證編號:EP-519/2016


Figure 1 | Figure 2 | Figure 3 |


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Table 1: Summary of noise mitigation measures for operation phase (referred in Condition 2.33 of this Permit)

 

Mitigation Measures

 

l     Provision of noise barrier (NB) and low noise road surfacing (LNRS) along the extended Chung Mun Road before population intake of Phase 2 residential development at Tung Chung West:

 

-      NB1: Approx. 80m long, 5m high vertical barrier with 3m cantilevered arm

-      LNRS1: Approx. 210m long low noise road surfacing

 

l     Provision of NB along Road D3 before population intake of Phase 3 residential development at Tung Chung East:

 

-      NB2: Approx. 42m long, 5m high absorptive vertical barrier

-      NB3: Approx. 54m long, 5m high absorptive vertical barrier

 

The locations of the NBs and LNRS are shown in Figures 2 and 3 of this Permit respectively.