Environmental Permit No. EP-593/2021
環境許可證編號EP-593/2021

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”) 建造及營辦B 所說明的指定工程項目,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-593/2021

Document in the Register:

登記冊上的文件:

 

(1)          Revised Trunk Road T4 in Sha Tin (Register No. AEIAR 231/2021) :

-   Environmental Impact Assessment (EIA) Report [Hereafter referred to as the EIA Report]

-   Environmental Monitoring and Audit (EM&A) Manual [Hereafter referred to as the EM&A Manual”]

-   Executive Summary

T4號主幹路優化方案(登記冊編號AEIAR-231/2021):

-   環境影響評估報告 [下稱環評報告”]

-   環境監察及審核手冊  [下稱環監手冊”]

-   行政摘要

 

(2)        The Director’s letter of approval of the EIA Report dated 8 November 2021 (Reference: (77) in Ax(2) to EP2/N1/A/31 Pt. 7)

署長於2021118 日發出批准環評報告的信件 (檔案編號:(77) in Ax(2) to EP2/N1/A/31 Pt. 7)

 

(3)        Application for Environmental Permit submitted on 30 June 2021 (Application No. AEP-593/2021)

2021630日提交的環境許可證申請文件 (申請書編號: AEP-593/2021)

                               

 

 

8  November 2021

               202111 8 

Date

日期

 

(Sunny C.W. Cheung)

Principal Environmental Protection Officer

    for Director of Environmental Protection

環境保護署署長

(首席環境保護主任張展華代行)


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 所提的指定工程項目的說明﹕

 

Title of Designated Project

指定工程項目的名稱

Revised Trunk Road T4 in Sha Tin

[This designated project is hereafter referred to as “the Project”]

沙田T4號主幹路優化方案

[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

-           A road which is an expressway, trunk road or primary distributor road including new roads, and major extensions or improvements to existing roads (Item A.1 of Part I of Schedule 2 of the EIAO);

屬快速公路、幹道或主要幹路的道路,包括新路及對現有道路作重大擴建或改善的部分 (環評條例附表2I部的A.1);

 

-           A road bridge more than 100 m in length between abutments (Item A.8 of Part I of Schedule 2 of the EIAO); and

橋台之間的長度超過100米的行車橋樑(環評條例附表2I部的A.8);

 

-           All projects including earthworks partly or wholly in an existing country park (Item Q.1 of Part I of Schedule 2 of the EIAO).

包括下述項目在內的全部工程項目:挖泥工程,而該等項目部分或全部位於現有的郊野公園 (環評條例附表2I部的Q.1)

 

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.

工程項目的位置載於本許可證1

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

The Project includes:  

工程項目包括

 

(a)        Construction of a dual two-lane trunk road connecting Shing Mun Tunnel Road and Tsing Sha Highway to Sha Tin Road;

興建一條雙程雙線連接城門隧道公路及青沙公路至沙田路的主幹道;

(b)       Construction of a slip road connecting northbound of the at-grade T4 carriageway with Lion Rock Tunnel Road northbound;

興建一條連接地面T4行車道北行線至獅子山隧道公路北行線的支路;

(c)        Construction of a slip road connecting Lion Rock Tunnel Road southbound and Sha Tin Road eastbound;

興建一條連接獅子山隧道公路南行線及沙田路東行線的支路;

(d)       Widening of a section of Sha Tin Road from a dual two-lane carriageway to a dual four-lane carriageway;

將一段沙田路由雙程雙線行車道擴闊至雙程四線行車道;

(e)        Modification of the existing Shing Mun Tunnel Road, Tung Lo Wan Hill Road, Chung Ling Road, Chung Ling Lane, Tai Po Road (Tai Wai Section), Shing Chuen Road, Shing Wan Road, Man Lam Road and Man Lai Road;

修改現有的城門隧道公路、銅鑼灣山路、松嶺路、松嶺里、大埔公路(大圍段)、成全路、成運路、文林路及文禮路;

(f)         Modification of existing noise barrier/enclosure at Tsing Sha Highway (Trunk Road T3);

改建位於青沙公路(T3 號主幹路)的現有隔音屏障/罩;

(g)       Provision of noise mitigation measures; and

提供噪音緩解措施;及

(h)       Ancillary works including slope improvement, drainage, utilities, lighting, landscaping, electrical and mechanical works, installation of street furniture and traffic aids, cycle track and footpath, etc.

附屬工程,包括斜坡改善、排水、公用設施、照明設備、環境美化、機電工程、設置街道設施和交通輔助設施、單車徑和行人徑等

 

 

PART C (PERMIT CONDITIONS)

 

1.         General Conditions

           

1.1               The Permit Holder and any person constructing or operating 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 and any person constructing or operating the Project 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), Dumping at Sea Ordinance (Cap. 466) 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 this Permit readily available at all times for inspection by the Director or his authorised officers at all sites covered by this Permit. Any reference to this Permit shall include all documents referred to in this 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 this Permit. The site(s) refers to site(s) of construction and operation of the Project and shall mean the same hereafter.

 

1.5               The Permit Holder shall display conspicuously a copy of this Permit on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public’s information at all times. The Permit Holder shall ensure that the most updated information about this Permit, including any amended Permit, is displayed at such locations.  If the Permit Holder surrenders a part or the whole of this 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 and any person constructing or operating the Project shall construct and operate the Project in accordance with the project description in Part B of this Permit.

 

1.7               The Permit Holder and any person constructing or operating the Project 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-231/2021); the application documents for environmental permits; other relevant document 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 in this Permit or otherwise agreed by the Director.      

 

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 1 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 EIAO. All submissions or any variation of 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 2.7 below before submitting to the Director under this Permit.

 

1.10           The Permit Holder shall release all finalised submissions as required under this Permit to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

 

1.11           The Permit Holder shall submit and/or deposit all submissions within the time as specified in the Conditions of this Permit. All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalised submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 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 construction of the Project no later than 3 months 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.

 

1.14           The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than 1 month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of operation.


2.         Specific Conditions

           

Submissions and/or Measures to be Implemented Before and During Construction of the Project

 

Employment of Environmental Team (ET)

           

2.1               An ET shall be established by the Permit Holder no later than 3 months before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the 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.

 

2.2               The ET Leader, or an ET Leader representative who shall be a member of the ET with at least 5 years of experience in EM&A or environmental management, shall work full time on-site during construction stage of the Project.

 

2.3               The ET and the ET Leader shall be responsible for duties defined in the EM&A Manual and this Permit, including implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project; and site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the EM&A Manual of the Project and/or as required under this Permit and to take pro-active actions to pre-empt environmental problems.  The ET Leader shall be responsible for:

 

(i)            certifying the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the EM&A Manual and/or under this Permit.  Certification(s) shall be documented in the upcoming EM&A monthly report;

 

(ii)          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-231/2021) and/or this Permit.  Notification(s) shall be documented in the upcoming EM&A monthly report; and

 

(iii)        keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances, which may affect the compliance with the approved EIA Report (Register No. AEIAR-231/2021) and/or this Permit.  The format of the log-book shall be certified and approved by the IEC. 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-231/2021) 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 EM&A Manual or failure to comply with Condition 2.3 above 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 this 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 works 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 preparing the submissions of Pre-construction Ardeid Survey Plan, Pre-construction Ardeid Survey Report, Monthly Ardeid Monitoring Plan, and Detailed Vegetation Survey Report and Plant Preservation and Transplantation Proposal for the Project as required under Conditions 2.17 2.19 and 2.21 of this Permit, and to audit the implementation of ecological mitigation measures to ensure compliance with Conditions 2.16 and 2.20, and the recommendations of the approved submissions under Conditions 2.17 2.19 and 2.21 and the approved EIA Report (Register No. AEIAR-231/2021).  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 Registered Landscape Architect

 

2.6               The Permit Holder shall, no later than 1 month before the commencement of the construction of the Project, appoint a Registered Landscape Architect to form part of the ET to carry out work relating to landscape aspects including but not limited to preparing submissions of the Landscape & Visual Mitigation Plan(s) for the Project as required under Condition 2.22 of this Permit, and to audit the implementation of landscape mitigation measures to ensure compliance with the recommendations of the approved submissions under Condition 2.22 of this Permit and the approved EIA Report (Register No. AEIAR-231/2021).  The qualification and experience of the Registered Landscape Architect shall be certified by the ET Leader and verified by the IEC.

 

Employment of Independent Environmental Checker (IEC)

 

2.7               An IEC shall be employed by the Permit Holder no later than 3 months before the 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.

 

2.8               The appointment of IEC shall be approved by the Director before being appointed by the Permit Holder.  The IEC, or an IEC representative who shall be a person with at least 5 years of experience in EM&A or environmental management, shall work full time on-site during construction stage of the Project. The Permit Holder shall also provide supporting team to the IEC or to the IEC representative. The IEC or the IEC representative shall report directly to the Director on matters relating to the EM&A programme and environmental impacts of the Project.

 

2.9               The IEC shall be responsible for duties defined in the EM&A Manual and this Permit, including the following:

 

(i)                 auditing the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site, submissions required in the EM&A Manual, and/or under this Permit.  Finding(s) of the audit(s) shall be documented in the upcoming EM&A monthly report;

 

(ii)              verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions required in the EM&A Manual and under this Permit. Verification(s) shall be documented in the upcoming EM&A monthly report;

 

(iii)            verifying the log-book(s) mentioned in Condition 2.3(iii).  The IEC shall sign off with a date on the log-book after verification.

 

(iv)             notifying 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 or suspected and/or potential non-compliance with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR- 231/2021), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts arising from the Project.   Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition;

 

(v)               liaising closely with the Director;

 

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

 

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

 

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

 

2.10           If the Director considers the IEC fails to discharge the duties of the IEC as defined in the 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 this Permit liable to suspension, cancellation or variation.

 

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:

 

(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; 

 

(iii)          the management organization of the IEC and his supporting team; and

 

(iv)           the submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

 

Submission of Construction Noise Management Plan before Construction

 

2.12           The Permit Holder shall include the construction noise mitigation measures recommended in Sections 4.8.1.1 to 4.8.1.10 of the EIA report (Register No. AEIAR-231/2021) and the plant inventory in Appendix 4.10 of the EIA Report (Register No. AEIAR-231/2021) into the tender document for the construction of the Project (tender document).  If there is any change to the construction noise mitigation measures and/or plant inventory recommended in the EIA Report (Register No. AEIAR-231/2021) before the tender invitation for construction of the Project (the invitation), the Permit Holder shall, no later than 2 months before the invitation, deposit with the Director 3 hard copies and 1 electronic copy of a Pre-tender Construction Noise Management Plan (Pre-tender CNMP) and include the deposited Pre-tender CNMP in the tender document.

 

2.13           The Permit Holder shall, no later than 2 months before the commencement of construction of the Project, deposit with the Director 4 hard copies and 1 electronic copy of a Construction Noise Management Plan (CNMP). If there is any change to the construction noise mitigation measures and/or plant inventory recommended in the CNMP, the Permit Holder shall, no later than 1 month before the implementation of any such change, deposit with the Director 4 hard copies and 1 electronic copy of an updated CNMP. The Pre-tender CNMP, CNMP and updated CNMP shall verify and update the inventory of noise sources, and recommend all identifiable construction noise mitigation measures in Sections 4.8.1.2 to 4.8.1.6 of the EIA Report (Register No. AEIAR-231/2021), including the use of quieter powered mechanical equipment such as hydraulic crusher for demolition; quieter construction methods such as silent piling by Press-in method for sheet piles and use of chemical expansion agent for excavation; and the use of temporary noise barriers, enclosures and insulation fabric, for mitigating the construction noise impact of the project. The CNMP and updated CNMP shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. The CNMP and updated CNMP shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations of the EIA Report (Register No. AEIAR-231/2021).  All mitigation measures recommended and requirements specified in the CNMP and the updated CNMP shall be fully implemented.

 

Submission of Traffic Noise Mitigation Measures Plan

 

2.14           The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, submit 4 hard copies and 1 electronic copy of a Traffic Noise Mitigation Measures Plan (TNMMP) to the Director for approval.  If there is any change to the traffic noise mitigation measures recommended in the approved TNMMP, the Permit Holder shall, no later than 1 month before the implementation of any such change, deposit with the Director 4 hard copies and 1 electronic copy of an updated TNMMP. The TNMMP and the updated TNMMP shall review the noise mitigation measures and demonstrate that the traffic noise performance requirements set out in the EIA Report (Register No. AEIAR-231/2021) will not be exceeded with the mitigation measures in place. The TNMMP and the updated TNMMP shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. The TNMMP and the updated TNMMP shall be certified by the ET Leader and verified by the IEC as conforming to the findings and recommendations of the EIA Report (Register No. AEIAR-231/2021).  All mitigation measures recommended and requirements specified in the approved TNMMP and the updated TNMMP shall be fully implemented.

 

Measures to Mitigate Construction Noise Impact

 

2.15           In order to minimize the construction noise impact, the Permit Holder or any person constructing the Project shall liaise with Hong Kong Bible Research and Education Centre and Christ College to obtain the examination schedule, and shall schedule the noisy construction activities in the vicinity of schools and kindergartens outside school examination period and during summer recess as far as practicable.

 

Design of Noise Barrier to avoid Bird Collision

 

2.16           To avoid bird collision, the design of noise barriers shall avoid/minimize the use of transparent/reflective materials or adopt bird-friendly design on such surfaces.

 

Submission of Pre-construction Ardeid Survey Plan

 

2.17           The Permit Holder shall no later than 3 months before the commencement of construction works of the Project, submit 4 hard copies and 1 electronic copy of a Pre-construction Ardeid Survey Plan (PASP) to the Director for approval providing details including but not limited to the programme, methodology and location of the pre-construction ardeid survey. The PASP shall be prepared by the qualified ecologist(s) appointed under Condition 2.5 above, and shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021). The Permit Holder shall conduct a pre-construction ardeid survey in accordance with the approved PASP.

 

Submission of Pre-construction Ardeid Survey Report

 

2.18           The Permit Holder shall submit 4 hard copies and 1 electronic copy of the Pre-construction Ardeid Survey Report (PASR) in accordance with the approved PASP to the Director for approval. Subject to the findings of the survey, the PASR shall list out details of all measures to minimise impact on any ardeid night roost during construction of the Project. The PASR shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. The PASR shall be prepared by the qualified ecologist(s) appointed under Condition 2.5 above, and shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021).  The mitigation measures recommended and requirements specified in the approved PASR shall be fully implemented

 

Submission of Monthly Ardeid Monitoring Plan

 

2.19           The Permit Holder shall no later than 3 months before the commencement of construction works of the Project, submit 4 hard copies and 1 electronic copy of a Monthly Ardeid Monitoring Plan (MAMP) to the Director for approval providing details including but not limited to the programme, methodology and location of the monthly ardeid survey. The MAMP shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. The MAMP shall be prepared by the qualified ecologist(s) appointed under Condition 2.5 above, and shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021). The Permit Holder shall conduct monthly ardeid monitoring in accordance with the approved MAMP and include the monitoring data in the monthly EM&A report.

 

Measures to Minimise Impacts to the Night Roosting Ardeids

 

2.20           To minimize the potential impact on the night roosting ardeids, the Permit Holder or any person constructing the Project shall not undertake any construction works within 100m from the ardeid night roost site between 16:30 and 07:30 of the following day during dry season (October – March), and between 17:00 and 07:00 of the following day during wet season (April – September).

 

Submission of Detailed Vegetation Survey Report and Plant Preservation and Transplantation Proposal

 

2.21           To minimize the potential impact on flora species of conservation importance due to construction of the Project, including Butulang Canthium, Ailanthus, Incense Tree, Luofushan Joint-fir, Small Persimmon, Rhododendron spp. and Hair-fruited Ormosia, and any other flora species of conservation importance, the Permit Holder shall:

 

                        (i)                no later than 1 month before the commencement of site clearance works, submit 4 hard copies and 1 electronic copy of a Detailed Vegetation Survey Report (DVSR) to the Director for approval. The DVSR shall provide the methodology as well as survey results, including the updated conditions, number and locations of the individuals of flora species of conservation importance identified within the works boundary confirming whether any individuals of these species would be directly affected by the proposed works, recommending protective measures for identified individuals of each species where in situ preservation is feasible, and assessing the suitability and/or practicality of the transplantation of those individuals to be directly affected to the Director for approval;

 

                      (ii)                no later than 1 month before the commencement of site clearance works, submit 4 hard copies and 1 electronic copy of a Plant Preservation and Transplantation Proposal (PPTP) to the Director for approval. The PPTP shall include but not limited to the following information:

 

(a)       the target species;

(b)       methodology for in situ preservation and/or transplantation for each species;

(c)       identification of suitable receptor sites;

(d)       an implementation programme of in situ preservation and/or transplantation;

(e)       a post-transplantation monitoring and maintenance programme; and

(f)        proposal for other mitigation measures should both in situ preservation and transplantation are found not feasible.

 

                    (iii)                 Both the DVSR submitted for approval under Condition 2.21(i) and the PPTP submitted for approval under Condition 2.21(ii) shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. The DVSR and the PPTP shall be prepared by the qualified ecologist(s) appointed under Condition 2.5 above, and shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021).  The mitigation measures recommended and requirements specified in the approved DVSR and the approved PPTP shall be fully implemented. No vegetation clearance shall be carried out before approval of the DVSR and the PPTP.

 

Submission of Landscape and Visual Mitigation Plan

 

2.22           The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, submit 5 hard copies and 1 electronic copies of Landscape & Visual Mitigation Plan (LVMP) to the Director for approval. If there are any change(s) to the landscape and visual mitigation measures in the approved LVMP, the Permit Holder shall, no later than 1 month before the implementation of such change(s), deposit with the Director 5 hard copies and 1 electronic copy of the updated LVMP(s) with clear indication of the proposed change(s). The LVMP and the updated LVMP(s) shall show the design details, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scale of the landscape and visual mitigation measures of the Project. The LVMP and the updated LVMP(s) shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures.  The LVMP and updated LVMP(s) shall be prepared by the Registered Landscape Architect appointed under Condition 2.6, and shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021).  All recommended measures and requirements specified in the approved LVMP and the deposited updated LVMP(s) shall be properly implemented and maintained for the Project.

 

 Submission of Pre-Condition Survey Report for Impacted Graded Historic Buildings

 

2.23           The Permit holder shall, no later than 1 month before the commencement of construction of the Project, obtain agreement with the Antiquities and Monuments Office (AMO) on the Pre-Condition Survey Report for Gatehouse of Pok Ngar Villa, Tsang Tai Uk, Li Cottage and Ng Yuen. The Permit Holder shall deposit with the Director 4 hard copies and 1 electronic copy of the AMO-agreed Pre-Condition Survey Report. The Pre-Condition Survey Report shall contain information including but not limited to descriptions of the structure, identification of fragile elements, an appraisal of the condition and precautionary/mitigation measures with the aid of photo records. The Pre-Condition Survey Report shall include an implementation schedule in table form to clearly list out the precautionary/mitigation  measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the precautionary/mitigation  measures. The Pre-Condition Survey Report shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021). All mitigation measures recommended and requirements specified in the deposited Pre-Condition Survey Report shall be fully implemented.

 

Submission of Monitoring Proposal for Impacted Cultural Heritage

 

2.24           The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, obtain agreement with the AMO on the monitoring proposal for monitoring of vibration, settlement and tilting for Tsang Tai Uk, Gatehouse of Pok Ngai Villa, Ng Yuen, Li Cottage, Lau Ancestral Hall, High Rock Christian Camp, Nos. 1, 2, 3 First Street, No. 3 Third Street Tai Wai (OLD1), Block next to No. 1 Eighth Street Tai Wai (OLD9), Nos. 21, 25, 25A, 27, 35, 44, 47, 48 & 49 Sha Tin Tau (OLD11-19), Nos. 74 & 75 Tung Lo Wan (OLD20-21), Sha Tin (Tai Wai) Clinic (OLD26), ELCHK Living Spirit Lutheran Church (OLD27), and ELCHK Shatin Lutheran kindergarten (OLD28). The Permit Holder shall deposit with the Director 4 hard copies and 1 electronic copy of the AMO-agreed monitoring proposal. The monitoring proposal shall contain information including but not limited to the checkpoint locations, installation details, response actions for each of the Alert, Alarm and Action (3As) levels and frequency of monitoring. The monitoring proposal shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021). The Permit Holder shall conduct the monitoring in accordance with the deposited monitoring proposal and submit the monitoring data to the AMO on a regular basis and alert the AMO should the monitoring data reach the 3As levels. The monitoring data shall also be included in the monthly EM&A report.

 

Submission of Detailed Design Proposal for Impacted Graded Historic Buildings

 

2.25           The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, submit a detailed design proposal of the Project containing information including but not limited to method of works and impact assessments for Gatehouse of Pok Ngar Villa, Tsang Tai Uk, Li Cottage and Ng Yuen to the AMO for agreement. The impact assessments shall include an analysis of settlement for the impacted graded historic buildings.

 

Measures to Minimise Water Quality Impacts

 

2.26           The construction works in Shing Mun River Channel shall only be carried out within cofferdams/watertight steel casing, and the construction works shall have no contact with water outside the cofferdams or the watertight steel casing. Effective silt curtains shall be deployed to enclose the cofferdams/watertight steel casing/temporary steel platform prior to setting up piling works, installation of cofferdam/watertight steel casing and demolition of temporary steel platform. The effective silt curtains shall only be removed after completion of piling works, removal of cofferdam/watertight steel casing and demolition of temporary steel platform.

 

2.27           To maintain the water flow regime at Shing Mun River, the Permit Holder shall align the bridge piers/pier foundations in parallel with the existing bridge pier of Lion Rock Tunnel Road.

 

 

 

            Submission before Operation of the Project

 

Submission of Post-Condition Survey Report for Impacted Graded Historic Buildings

 

2.28           The Permit holder shall, within 3 months after the substantial completion of works of the Project, obtain agreement with the AMO on the Post-Construction Condition Survey Report for Gatehouse of Pok Ngar Villa, Tsang Tai Uk, Li Cottage and Ng Yuen. The Permit Holder shall deposit with the Director 4 hard copies and 1 electronic copy of the AMO-agreed Post-Construction Condition Survey Report. The Post-Construction Condition Survey Report shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No. AEIAR-231/2021). The Permit Holder shall inform the AMO immediately if any damages to the built heritage have been identified.

 

3          Environmental Monitoring and Audit (EM&A) Requirements

 

3.1               The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements as set out in the EM&A Manual. Any changes to the EM&A requirements or programme or termination of the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval.

 

3.2               The Permit Holder shall take samples, measurements and necessary remedial actions in accordance with the requirements of the 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 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 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.

 

3.3               The Permit Holder shall submit 1 hard copy and 1 electronic copy of 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 EM&A Manual before submission to the Director.  Additional copies of the Baseline Monitoring Reports shall be provided upon request by the Director.

 

3.4               The Permit Holder shall submit 1 hard copy and 1 electronic copy of Monthly EM&A Reports for the construction stage of the Project to the Director, within 10 working days 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.  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 EM&A Manual before submission to the Director.  Additional copies of the Monthly EM&A Reports shall be provided upon request by the Director.

 

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

 

3.6               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 10 working days after such information is available.

 

4.         Electronic Reporting of EM&A Information

           

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 3.3 and 3.4 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 4 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. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first 3-year period of operation of the Project, 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 environmental monitoring data and project information including the Project Profile, EIA Report and Environmental Permit(s). 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:

註:

 

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 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可勒令停止相關工程,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。許可證持有人須以經修改的許可證替換在工程項目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,署長可在取得環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的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 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.

如果本許可證在工程項目建造或營辦期間取消或交回,則在繼續進行工程項目之前,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21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 this Permit, and is convicted of an offence under the EIAO, 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.

 

如任何人在違反本許可證的條件下建造或營辦工程項目,且被裁定觸犯環評條例所訂明的罪行,即屬犯罪:

 

(i)                一經循公訴程序首次定罪,可處罰款200萬元及監禁6個月;

(ii)               一經循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)             一經循簡易程序首次定罪,可處第6級罰款及監禁6個月;

(iv)              一經循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;

(v)                在任何情況下如該罪行屬持續性質,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-593/2021

環境許可證編號  EP-593/2021

Figure 1 |


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