Environmental Permit No. FEP-01/172/2004
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this Further Environmental Permit to Kier – Wai Kee (C & T) 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 Further Environmental Permit is based on the documents, approvals or permissions described below:
Document in the Register:
(1) Project Profile –
“Design and Construction of Causeway Bay Flyover” (Register No.: PP-190/2003)”
(2) Director’s Permission to Apply Directly for Environmental Permit on 31 May 2003 (Letter Reference:( ) in EP2/H6/A/03)
(2) 署長於2003年5月31 日准許直接申請環境許可證(信件檔號: ( ) in EP2/H6/A/03)
(3) Application for Environmental Permit on 19 August 2003 including all attachments submitted (Application No. AEP-172/2003)
(3) 於2003年8月19日提交的環境許可證申請文件包括所有附件(申請書編號: AEP-172/2003)
(4) Environmental Permit (Permit No. EP-172/2003) issued on 16 September 2003
(4) 於2003年9 月16日發出的環境許可證(許可證編號：EP-172/2003)
(5) Application for Further Environmental Permit on 8 July 2004 (Application No. FEP-065/2004)
(Shirley S. L. LEE)
Acting Assistant Director
(Environmental Assessment and Noise)
for Director of Environmental Protection
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
Title of Designated Project
Design and Construction of Causeway Bay Flyover
[This designated project is hereinafter referred to as “the Project”]
of Designated Project
To construct a flyover (a primary distributor) connecting Gloucester Road and Victoria Park Road to replace the existing Causeway Bay Flyover
Location of Designated Project
At the waterfront of Causeway Bay. The location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project
The Project is to construct a 220m long 2-lane flyover connecting Gloucester Road and Victoria Park Road to replace the existing single-lane Causeway Bay flyover.
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) 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 or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the EIA Ordinance Register Office.
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 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 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 the Project in accordance with the project descriptions 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 Project Profile (Register No. PP-190/2003), other relevant documents in the EIA Ordinance Register Office and the information and mitigation measures described in this Permit. Where recommendations referred to in the documents of the EIA Ordinance Register Office are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All deposited submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499).
1.10 The Permit Holder shall release all finalized submissions as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong), 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 submission.
1.11 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 2 weeks 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.
1.12 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. 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.
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.
2. Specific Conditions
2.1 Before commencement of construction of the Project, the Permit Holder shall transplant the trees within the Victoria Park (as shown in Figure 2) and within the Causeway Bay Promenade (as shown in Figure 3) to the designated transplanting area within the Victoria Park (as shown in Figure 4).
2.2 The mitigation measures to control noise, waste and site runoff within the Project site boundary, as stated in the Project Profile (Register No. PP-190/2003), shall be fully implemented throughout the construction of the Project. The Permit Holder shall set up and operate a community liaison office throughout the construction period of the Project to receive and respond to complaints or enquiries on the environmental nuisances or pollution caused by the Project, and to implement remedial mitigation measures.
2.3 A contingency plan on how to handle waste soil potentially contaminated with Total Petroleum Hydrocarbon (TPH) shall be deposited with the Director, in view of the close proximity of part of the Project on Victoria Park Road to two existing petrol filling stations north of Paterson Street along Gloucester Road. The contingency plan shall state the arrangements for identifying waste soil with TPH contamination, and the subsequent measures for its handling and disposal. Three copies and an electronic copy of the contingency plan shall be deposited with the Director at least one week before construction of the part of the Project on Victoria Park Road commences.
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 Ordinance, 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 the Environment, Transport and Works, 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 Environmental Impact Assessment Ordinance (the “Ordinance”) 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 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 the Environment, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
6. If this Permit is cancelled or surrendered during construction 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 a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who constructs 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 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 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.
Environmental Permit No. FEP-01/172/2004
Figure 1 | Figure 2 | Figure 3 | Figure 4
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