Environmental Permit No. FEP-02/129/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT A PART OF THE DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to Balfour Beatty – LAM Joint Venture (hereinafter referred to as the “Permit Holder”) to construct 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:
Document in the Register :
(1) Sheung Shui to Lok Ma Chau Spur Line – Environmental Impact Assessment Tunnel/Viaduct Option, Final Report, January 2002.
- Volume 1 of 5 EIA Report (Part 1)
- Volume 2 of 5 EIA Report (Part 2)
- Volume 3 of 5 Appendices (Part 1)
- Volume 4 of 5 Appendices (Part 2)
- Volume 5 of 5 Figures and Drawings
- Executive Summary
(Register No. AEIAR-052/2002) [hereinafter referred to as the “EIA Report”]
(1) 上水至落馬洲支線 - 環境影響評估 - 隧道/高架橋方案，最後報告 (二零零二年一月)
第一冊 環境影響評估報告 (第一部份)
第二冊 環境影響評估報告 (第二部份)
(登記冊編號 : AEIAR-052/2002) [下稱“環評報告”]
(2) The Director’s letter of approval of the EIA Report dated 11 March 2002, (ref: (111) in Ax (4) to EP2/G/A/101 IV)
(2) 環境保護署署長於2002年3月11日發出批准環評報告的信件(檔案編號: (111) in Ax (4) to EP2/G/A/101 IV)
(3) Application for environmental permit on 11 March 2002 (Application No. AEP-129/2002)
(3) 許可證持有人於2002年3月11日提交的許可証申請文件(申請書編號: AEP-129/2002)
(4) The Environmental Permit No. EP-129/2002 issued on 6 April 2002
(4) 於2002年4月6日發出的環境許可証 No. EP-129/2002
(5) Application for Further Environmental Permit on 2 July 2002 (Application No. FEP-050/2002)
(5) 於2002年7月2日申請之新的環境許可証 (申請書編號: FEP-050/2002)
(6) The Further Environmental Permit No. FEP-01/129/2002 issued on 26 July 2002
(6) 於2002年7月26日發出之新的環境許可証 No. FEP-01/129/2002
(7) Application for Variation of Environmental Permit on 16 August 2002 (Application No. VEP-071/2002)
(7) 於2002年8月16日申請之更改後的環境許可証 (申請書編號: VEP-071/2002)
(8) The Environmental Permit No. EP-01/129/2002/A issued on 23 August 2002
(8) 於2002年8月23日發出的環境許可証 No. EP-01/129/2002/A
(9) Application for Further Environmental Permit on 15 November 2002 (Application No. FEP-057/2002)
(9) 於2002年11月15日申請之新的環境許可証 (申請書編號: FEP-057/2002)
(10) Application for Variation of Environmental Permit on 26 November 2002 (Application No. VEP-080/2002)
(10)於2002年11月26日申請之更改後的環境許可証 (申請書編號: FEP-080/2002)
(11) Application for Further Environmental Permit on 26 November 2002 (Application No. FEP-058/2002)
(11) 於2002年11月26日申請之新的環境許可証(申請書編號: FEP-058/2002)
7 December 2002
(Elvis W K AU)
Assistant Director of Environmental Protection
(Environmental Assessment and Noise)
for Director of Environmental Protection
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit :
Title of Designated Project
Sheung Shui to Lok Ma Chau Spur Line :
LCC 300 - Lok Ma Chau Terminus and Associated Works
[This designated project is hereinafter referred to as “the Project”]
Nature of Designated Project
Construction of Train Terminus and Related Infra-structures.
Location of Designated Project
Lok Ma Chau
Scale and Scope of Designated Project(s)
(i) a railway station at Lok Ma Chau;
(ii) the associated infrastructure and utility works.
PART C (PERMIT CONDITIONS)
1. General Conditions
1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (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), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a) constitute any ground of defense against any proceedings instituted under any legislation or (b) 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 or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction and/or operation of the Project(s) 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 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 construction site(s).
1.6 The Permit Holder shall construct and operate the Project as described in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is constructed in accordance with the information and recommendations described in the EIA report (Register No. AEIA-052/2002); other relevant documents in the Register; and the information or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on-going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.9 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.
1.10 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. 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) before submitting to the Director under Permit.
1.11 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.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month 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 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.
1.14 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.
2. Submissions or Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years’ experience in environmental monitoring and auditing (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for the duties defined in the EM&A Manual submitted and approved under Condition 2.3 of . The ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report (Register No. AEIAR-052/2002) or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the EIA Report recommendations and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation. The ET shall not be in any way an associated body of the IEC for the Project.
High Degree of Transparency of the Project
2.3 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 web site to be set up by the under Condition 6.2 , in the shortest possible time and in no event later than two weeks after such information is available.
3. Submissions or Measures for the Construction of the Project
Management Organization of Main Construction Companies
3.1 The Permit Holder shall, within one month after the commencement of construction of relevant part of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
Works Areas of the Project
3.2 No extension of the works boundary and works areas as indicated in >shall be permitted without the written approval of the Director. To avoid environmental impacts to the study area as indicated in Figure 3 of this Permit, key construction activities of Project shall be within the works boundary and the works areas.
Submission of Drainage Layouts and Management Plan
3.3 The Permit Holder shall, within one month after the commencement of construction of relevant part of the Project, submit to the Director for approval 3 sets of the drainage system layout and management plan for the relevant part of the works areas. The submission shall include details of the facilities and measures to manage pollution arising from surface runoff from the works areas and to reduce surface runoff sediments and pollutants entering the watercourses. Before submission to the Director, the drainage layouts and management plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. All measures as recommended in the approved drainage plan(s) shall be fully and properly implemented by the Permit Holder and any contractor working on the Project in accordance with the details set out in the submission throughout the construction period.
Submission of the Waste Management Plan (WMP)
3.4 The Permit Holder shall, within one month after the commencement of construction of relevant part of the Project, submit to the Director for approval 3 sets of Waste Management Plan (WMP) for the relevant part of the works areas. Before submission to the Director, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment including dewatering of spoil and disposal of different categories of waste to be generated from the construction activities and shall indicate the disposal location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included in the WMP. Surplus excavated spoil and other waste shall only be disposed of at designated public filling areas unless otherwise approved by the Director. All measures recommended in the approved WMP shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the construction period.
3.5 No disposal of waste, spoil, soil, excavated materials or materials alike arising from the Project shall be allowed at any locations unless otherwise approved by the Director under Condition . No such materials shall be dumped onto any ecologically sensitive areas identified in the EIA Report, unless such materials are necessary for the ecological enhancement measures required under this Permit.
Submission of the Landscape Plan
3.6 The Permit Holder shall, within six months after the commencement of construction of the Project, submit to the Director for approval 3 sets of landscape plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director. The drawings shall show the detailed landscape proposals based on the approved tree felling application during the construction and operational stages of the Project as stated in sections 12.10 to 12.11.10 of the EIA Report and shall include an implementation programme of landscape works, in particular not less than 4 hectares of compensatory planting within the works boundary. The submission shall be certified by ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. Additional copies may be required by the Director. All measures recommended in the approved landscape plan(s) shall be fully and properly implemented in accordance with the details and time schedule set out in the submission.
Measures to Mitigate Ecological Impacts
3.7 To reduce aerial collisions from birds, the design of Lok Ma Chau station shall minimize the use of reflective materials (including glass) on outer surfaces of the station.
3.8 Contractor access shall be restricted to the works areas required for working along the whole alignment of the Project and particularly at Lok Ma Chau and San Tin where work is required in fishponds, unless otherwise agreed by the Director.
3.9 Temporarily impacted fishponds within the works boundary and works areas as described in the submission under Condition 2.6 shall be properly reinstated after construction is completed.
Establishment of the Initial Enhancement Areas
3.10 Not less than 15 hectares of fishponds in Lok Ma Chau (hereinafter be referred to as “initial enhancement areas”) as indicated in Figure 4 attached to this Permit shall be established as conforming to the criteria set out in the HCMP before the commencement of site formation works for the Lok Ma Chau station. The implementation of measures for the establishment of the initial enhancement areas shall be certified by the ET Leader and verified by the IEC. These measures shall include, but not limited to the following: -
(a) reprofiling of pond levels to create shallow feeding habitats;
(b) fish stocking; and
(c) management of water levels.
Establishment of the Ecological Compensation Areas
3.11 Prior to the operation of the Lok Ma Chau station, not less than 27.1 hectares of fishponds (hereinafter be referred to as “ecological compensation areas) as indicated in Figure attached to this Permit. The ecological compensation areas shall be established as conforming to the criteria set out in the HCMP. The implementation of measures for the establishment of the ecological compensation areas shall be certified by the ET Leader and verified by the IEC. These measures shall include, but not limited to the following: -
(a) enlarging small fishponds to reduce enclosure effects;
(b) reprofiling of fishpond bunds to provide shallow sloping margins to increase feeding;
(c) opportunities and the availability of fish and invertebrate prey to birds;
(d) establishing marginal emergent vegetation; and
(e) manipulating fish stocking, feeding/fertilising regime and drain-down to optimise food availability for birds.
Establishment of the Marshland
3.12 Prior to the operation of the Lok Ma Chau station, not less than 4.9 hectares of marshland at locations indicated in Figure attached to this Permit as conforming to the criteria set out in the HCMP. The implementation of measures for the establishment of the marshland shall be certified by the ET Leader and verified by the IEC.
Measures to Mitigate Construction Noise Impacts
3.13 To mitigate the construction noise impacts, gap-free noise barriers of material at least 10 kg/m2 shall be installed at locations as indicated in Figures attached to this Permit and shall be maintained throughout the construction period.
3.14 No movement of spoil to any areas other than the works areas as indicated in shall be carried out during restricted hours.
Measures to Mitigate Water Quality Impacts
3.15 Prior to the operation of the sewage treatment plant at the Lok Ma Chau station, not less than 5 hectares of reedbed/marsh area at location indicated in Figure attached to this Permit. The reedbed/marsh area shall include at least 2 hectares of reedbed for wastewater polishing purpose. The implementation of measures for the establishment of the reedbed/marsh area shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA report.
3.16 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, all mitigation measures as recommended in the approved drainage layouts and management plan under Condition shall be fully and properly implemented throughout the construction period.
Measures to Mitigate Landscape and Visual Impacts
3.17 To mitigate landscape and visual impacts of the Project, mitigation measures described in Appendix A of this Permit shall be fully and properly implemented throughout the construction period.
24-hour Dedicated Hotline for Public Complaints and Enquiries
3.18 The Permit Holder shall display conspicuously the telephone number of the 24-hour hotline on the construction site(s) at all vehicular site entrances/exits or at a convenient location for public information at all times.
Environmental Monitoring and Audit of the Project
The EM&A programme shall be implemented as set out in the EM&A Manual approved under Condition 2.3. Any changes to the EM&A programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be submitted to the Director for approval.
4.2 hard copies and one electronic copy of monthly EM&A Reports shall be submitted to the Director within 2 weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.
4.3 Within three months of the commencement of construction of the Project, a system of web cameras covering all major works areas and ecological enhancement areas in Lok Ma Chau. The system shall provide real time visual monitoring of the site condition accessible by public through the dedicated web site set up by the under Condition 6.2. Within one month of the commencement of construction of the Project, the Permit Holder shall propose a plan and a system of web cameras for the Director’s agreement.
4.4 All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct.
5 The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plan, or as agreed by the Director.
Electronic Reporting of EM&A Information
To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIA Ordinance Internet Website and at the EIA Ordinance 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions .2 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports shall be the same as the hard copies.
5.2 All environmental monitoring data described in Condition shall be made available to the public via a dedicated web site set up by the in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
1. This Environmental Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) Part C (Permit Conditions). Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.
2. If there is a breach of any condition of this Permit, the Director or his authorised officer may, with the consent of the Secretary, 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 authorised officer.
3. The Permit Holder may apply under Section 13 of the Environmental Impact Assessment Ordinance (the “Ordinance”) to the Director for a variation of the conditions of this Environmental Permit. The Permit Holder shall replace the original Permit displayed on the construction site, by the amended Permit.
4. A person who assumes responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the Ordinance to the Director for a further Environmental Permit.
5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for Environment suspend, vary or cancel this Permit. The suspended, varied or cancelled shall be removed from the display at the construction site.
6. If this Permit is cancelled or surrendered during the construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable :
(i) on a first conviction of indictment to a fine of $2 million and imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $5 million and imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and 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 that the offence continued.
8. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.
9. The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.
Measures to Mitigate Landscape and Visual Impacts During Construction
At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following mitigation measures shall be implemented to minimise the landscape and visual impact of the construction works:
(i) control of night time lighting;
(ii) erection of decorative screen hoarding;
(vi) advance planting for screening;
(vii) minimising the height of temporary buildings;
(viii) careful positioning of construction plant;
(ix) regular checks shall be carried out to ensure that the work site boundaries are not exceeded and that no damage is being caused to the surrounding areas;
(x) temporary construction sites shall be restored to standards as good as, or better than, the original condition;
(xi) replanting of disturbed vegetation shall be undertaken and this shall use predominantly native plant species;
(xii) topsoil shall be stripped and stored for re-use in the construction of the soft landscape works;
(xiii) the locations of work sites associated with the proposed development shall be carefully selected to minimise the potential landscape and visual impacts of the proposed construction works; and
(xiv) the potential for soil erosion shall be reduced at construction stage by minimising the extent of vegetation disturbance on site and by providing a protective cover (e.g. plastic sheeting or a grass cover established by hydroseeding) over any exposed ground.
Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7a | Figure 7b | Figure 8
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