Environmental Permit No. EP-614/2022
環境許可證編號EP-614/2022

 

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 MTR Corporation Limited (hereinafter referred to as the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:

根據《環境影響評估條例》(環評條例) 10條的規定,環境保護署長(署長)將本環境許可證批予香港鐵路有限公司 (下稱許可證持有人”) 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-614/2022

Document in the Register:

登記冊上的文件:

 

-   Tung Chung Line Extension (Register No. AEIAR-235/2022) : 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

 

東涌綫延綫 (登記冊編號AEIAR-235/2022):

-   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

 

(1)    The Director’s letter of approval of the EIA Report dated 12 July 2022 (Reference: (15) in EP2/N9/A/186 Pt.5)

署長於20227 12 發出批准環評報告的信件 (檔案編號:(15) in EP2/N9/A/186 Pt.5)

 

(2)    Application for Environmental Permit submitted on 13 July 2022 (Application No. AEP-614/2022)

2022713 提交的環境許可證申請文件 (申請書編號: AEP-614/2022)

                               

 

9 August 2022

               20228 9

Date

日期

 

(Simon M.K.HO)

Acting Principal Environmental Protection Officer

    for Director of Environmental Protection

環境保護署長

(署理首席環境保護主任何文佳代行)


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 Line Extension

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

綫延綫[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

(1)   A railway and its associated stations; and

鐵路及其相聯車站;及

(2)   A road or railway tunnel more than 800m in length between portals

入口之間的長度超過800米的行車隧道或鐵路隧道

Location of Designated Project

指定工程項目的地點

The Project is located at Tung Chung. The location of the Project is shown in Figure 1 of this Permit

工程項目位於東涌。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:

 

-          Construction of a new Tung Chung East (TCE) Station (at-grade) and diversion of a section of existing Tung Chung Line (TCL);

 

-          Extending the existing Tung Chung Line from the existing overrun tunnel of Tung Chung Station (TUC) to the new Tung Chung West (TCW) Station (in the form of a tunnel);

 

-          Construction of a new TCW Station (underground) and overrun tunnel;

 

-          Construction of the Emergency Access Point (EAP)/Emergency Egress Point (EEP) building; and

 

-          Construction of station associated facilities (entrances, vent shaft structures, etc.).

 

工程項目包括:

 

-       建造新東涌東站(地面)及改道部分現有的東涌綫

-       由現有東站越位隧道延伸至新東西站的鐵路(隧道形式)

 

-       建造新東涌西站(地底)及越位隧道;

 

-       建造緊急出入地點建築物;及

 

-       建造車站相關設施(出入口、通風井結構等)。

 

 


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-235/2022); 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 one month of the receipt of the Director’s comments or otherwise as specified by the Director.

 

1.9       All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the EIAO (Cap. 499). 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 2.5 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 2 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

 

            Employment or Submissions before Construction of the Project

 

Employment of Environmental Team (ET)

 

2.1        An ET shall be established by the Permit Holder no later than 2 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 and supported by relevant specialists including Terrestrial Ecologist, certified Arborist and registered Landscape Architect or related professional. 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 1 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-235/2022) 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 EIA Report (Register No. AEIAR-235/2022) 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-235/2022) 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 Independent Environmental checker (IEC)

 

2.5        An IEC shall be employed by the Permit Holder no later than 2 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.

 

2.6       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.

 

2.7        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-235/2022), 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.

 

2.8        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.

 

Setting up of Community Liaison Group

 

2.9       The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, set up a community liaison group, comprising representatives of affected parties, including local committees, residents and schools in the affected areas along the alignment, for maintaining regular communication with the local and relevant stakeholders on issues concerning noise, air, traffic, waste management, landscape and recreational spaces etc. arising from the Project, and handling complaints on environmental issues related to the Project. The Permit Holder shall take a proactive approach to disseminate information to the group, promote community cooperation and participation and implement suitable local environmental enhancement works. All relevant information of the Project including the progress of construction and operation and environmental monitoring and audit results should be provided to the group. Designated complaint hotlines shall be set up for the project to address related concerns and enquiries in an efficient manner. The Permit Holder shall inform the Director in writing the membership and terms of reference of the group.

 

Submission of Construction Works Phasing Schedule

 

2.10     The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, deposit 3 hard copies and 1 electronic copy of a Construction Works Phasing Schedule (the Schedule) with the Director. The Schedule shall include at least the following information:

 

(i)         a detailed works programme showing the  planned timing for the commencement and completion of  the major construction works including the phased implementation programme for the realignment of the existing TCL; and the number of Works Contract(s) involved under the Project; and

 

(ii)        location plan(s) in appropriate scale delineating the works boundary and works areas of each Works Contract of the Project.

 

Submission of Environmental Permit (EP) Submission Schedule

 

2.11   The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, deposit an EP Submission Schedule to set out a timeline for EP submissions in this Permit and shall report the progress in fulfilling the submission requirements in the monthly Environmental Monitoring and Audit (EM&A) reports submitted under Condition 3.4 of this Permit.  The Permit Holder shall inform the Director no later than 2 weeks before the scheduled submission date of the EP submission in writing in case of any subsequent change(s) to the submitted EP Submission Schedule.

 

Submission of Management Organization

 

2.12      The Permit Holder shall, no later than 2 weeks before the commencement of construction of the Project, inform the Director in writing 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 team; and

 

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

 

Submission of Noise Mitigation Measures Plan(s)

 

2.13     The Permit Holder shall, no later than 2 months before the commencement of the construction works of relevant Works Contract of the Project, submit 3 hard copies and 1 electronic copy of a Construction Noise Management Plan (CNMP) to the Director for approval. The CNMP shall identify the noise source inventory and assess the effectiveness of construction noise mitigation measures, including the use of quieter powered mechanical equipment, noise barriers and noise enclosures as recommended in the EIA report (Register No. AEIAR-235/2022). To further mitigate construction noise impacts, the CNMP shall review the practicality of the use of quieter construction equipment/methods, such as hydraulic crusher/ hand-held concrete crusher for demolition; diamond wire saw/ non-explosive chemical expansion agent for rock/concrete breaking; silent piling by Press-in method for sheet piles etc.; when necessary. The 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. All mitigation measures recommended and requirements specified in the CNMP shall be fully implemented. 

 

2.14     To mitigate the rail noise impacts, the Permit Holder shall, no later than 2 months before the commencement of construction works for the realignment of the TCL track in the TCE area, submit 3 hard copies and 1 electronic copy of a Rail Noise Mitigation Plan (RNMP) to the Director for approval.  The Plan shall review the noise mitigation measures, including the temporary speed reduction of existing TCL and noise barriers required at various stages of implementation of the realigned TCL track as shown in Figures 2a-2d of this Permit. The RNMP 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. All mitigation measures recommended and requirements specified in the RNMP shall be fully implemented.

 

Submission of Plan on Noise Enclosure at Tung Chung Crescent

 

2.15     The Permit Holder shall, no later than 2 months before the commencement of construction works at Tung Chung Crescent (TCC), submit 3 hard copies and 1 electronic copy of a Plan (the Plan) on the proposed noise enclosure at TCC to the Director for approval. The Plan shall include but not limited to the details of its design, extent, access point locations and construction vehicle traffic management as well as the program of erection and demolition of the enclosure and site reinstatement, and the arrangement for temporary storage of construction and demolition waste. The Plan shall demonstrate the effectiveness of the enclosure in mitigating the noise, air and any other potential environmental nuisances, as well as health and safety hazards during the construction phase.

 

Submission of Compensatory Tree Planting Implementation Plan

 

2.16     The Permit Holder shall, no later than 2 months before the commencement of the compensatory tree planting, submit 4 hard copies and 1 electronic copy of a Compensatory Tree Planting Implementation Plan (the Plan) to the Director for approval. The Plan shall include details of the planting objectives, planting numbers and locations, and list of native tree species to be used, with the aim to enhance urban biodiversity and compatibility with the surrounding natural environment.   The Permit Holder shall engage a Terrestrial Ecologist(s) and a certified Arborist(s) in the preparation of the Plan.  The Plan shall be certified by the ET Leader and verified by the IEC. The relevant authority should be consulted and advice from Agriculture, Fisheries and Conservation Department (AFCD) on the Plan should be sought prior to submission to the Director.

 

Submission of Landscape and Visual Mitigation Plan

 

2.17     The Permit Holder shall, no later than 1 month before the commencement of construction of the Project or otherwise approved by the Director, deposit with the Director 3 hard copies and 1 electronic copy of a Landscape and Visual Mitigation Plan (the LVMP). The LVMP shall include design details, implementation schedule, maintenance and management schedules and drawings in the scale of 1:1000 or other appropriate scale, as agreed with the Director, of the landscape and visual mitigation measures of the Project. The implementation schedule shall be 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 shall be certified by the ET Leader and the registered Landscape Architect or related professional and verified by the IEC as conforming to the relevant information and recommendations, including those described in the EIA Report (Register No. AEIAR-235/2022). All mitigation measures recommended and requirements specified in the LVMP or any updated LVMP shall be fully implemented and maintained for the Project. The LVMP shall show the landscape and visual mitigation measures of the Project and include at least the following information:

 

(i)                  Architectural aesthetic design for built structures and noise barrier;

(ii)                Tree felling and preservation proposal showing quantity, plant species, location(s) and size of trees to be retained/transplanted/felled, and location(s) of transplanted trees; and

(iii)              Landscape Plan showing location(s) of greening works including green roofs, screen planting and any other landscape enhancement to mitigate landscape impact of the Project.     

 

Submission of Contingency and Response Plan

 

2.18     The Permit Holder shall, no later than 2 months before the commencement of relevant part of the construction works, submit 3 hard copies and 1 electronic copy of a Contingency and Response Plan (the Plan) for handling any accidental spillage of slurry arising from the Tunnel Boring Machine (TBM) works to the Director for approval. 

 

Submission of Wastewater Management Plan

 

2.19     The Permit Holder shall, no later than 2 months before the commencement of the construction works in Tung Chung West, submit 3 hard copies and 1 electronic copy of a Wastewater Management Plan (the Plan) for the construction works at Tung Chung West to the Director for approval. The Plan shall include locations of the discharge points and the treatment arrangements of wastewater including site runoff with a view to minimising impacts upon the nearby mudflats and other water sensitive areas in the vicinity. Advice from AFCD on the Plan should be sought prior to submission to the Director.

 

Submission of Waste Management Plan

 

2.20     The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, deposit with the Director 3 hard copies and 1 electronic copy of a Waste Management Plan (WMP). The WMP shall include estimated volume of different types of waste, e.g. construction and demolition (C&D materials) materials, land-based marine sediment, chemical waste, general refuse, etc., and also the arrangements for avoidance, minimization, recovery, recycling, reuse, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities. The WMP shall also describe the tracking system to be adopted to avoid illegal dumping or landfilling of C&D materials as required in Condition 2.21 below. The WMP shall include an implementation schedule in table form to clearly list out the amount and disposal outlet for the different types of waste arising, mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. All mitigation measures recommended and requirements specified in the WMP and the implementation schedule shall be fully implemented.

 

Measures to be implemented for the Construction of the Project

 

Waste Management Measures

 

2.21     All dump trucks for C&D materials transportation and disposal shall be equipped with Global Positioning System (GPS) or equivalent automatic identification system (AIS) for real time tracking and monitoring of their travel routings and parking locations in order to avoid illegal dumping or landfilling of C&D materials. The data collected by GPS or equivalent AIS relating to travel routings and parking locations of all dump trucks shall be recorded properly for checking and auditing by ET and IEC.  The audit findings shall be reported in the Monthly EM&A Report.

 

Measures to contain the site runoff at TCW Area

 

2. 22    To contain the untreated site runoff being accidentally discharged into the adjoining water bodies, a barrier such as sheet pile/hoarding with concrete footing shall be installed along the western boundary of the construction site/ works areas for TCW station as shown in Figure 3 of this Permit, or as otherwise approved by the Director.

 

Further Archaeological Testing

 

2.23     The Permit Holder shall carry out further archaeological testing at the inaccessible area located at the extreme north end of the proposed TCW station as shown in Figure 4 of this Permit upon the granting of site access. The Permit Holder shall seek agreement from Antiquities and Monuments Office (AMO) on the scope of the archaeological testing prior to the test and deposit with the Director 3 hard copies and 1 electronic copy of Archaeological Report upon completion of the archaeological testing to record the archaeological testing findings and identify any necessary mitigation measures.

 

Consideration of Hazard

 

2.24      No overnight storage of explosive on site shall be permitted for the construction of the Project.

 

Employment or Submissions before Operation of the Project

 

Submission of Fixed Plant Noise Audit Report

 

2.25     At least 1 month before commencement of operation of the Project, the Permit Holder shall carry out fixed plant noise audit and deposit with the Director 3 hardcopies and 1electronic copy of an audit report showing the design of the planned fixed plant noise sources associated with the Project complies with the maximum sound power levels determined in the approved EIA Report (Register No. AEIAR-235/2022), or as otherwise agreed by the Director.  The audit report shall also confirm that noise emitted from the planned fixed noise sources shall be free of the characteristics of tonality, impulsiveness and intermittency. 

                                                                                           

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 Report 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 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. 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 1-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:

 

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.

 

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 Environment and Ecology, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.

 

3.         The Permit Holder may apply under Section 13 of the EIAO to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.

 

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

 

5.         Under Section 14 of the EIAO, the Director may with the consent of the Secretary for Environment and Ecology, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.

 

6.         If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued.  It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.

 

7.         Any person who constructs or operates the Project contrary to the conditions in 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.

 

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.

 

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.

 

 

 

Environmental Permit No. EP-614/2022

 

Figure 1 | Figure 2a | Figure 2b | Figure 2c | Figure 2d | Figure 3 | Figure 4 |


Back to First Page ][ Back to Main Index ]