Environmental Permit No. FEP-01/167/2003/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
PART A (MAIN PERMIT)
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 Leighton Contractors (Asia) Limited (hereinafter referred to as the “Permit Holder”) to construct the designated project described in Part B of this Permit subject to the conditions specified in and attached to Part C of this Permit.
The issue of this Further Environmental Permit is based on the documents, approvals or permissions described below:
Document in the Register :
Submarine Gas Pipelines from Cheng Tou Jiao Liquefied Natural Gas Receiving
Terminal, Shenzhen to Tai Po Gas Production Plant,
(Register No.: AEIAR-071/2003)
- Environmental Impact Assessment Report (4 March 2003) [Hereinafter referred to as the “EIA Report”]
- Environmental Impact Assessment Executive Summary (4 March 2003) [Hereinafter referred to as the “EIA Executive Summary”]
- Environmental Monitoring and Audit Manual (4 March 2003)
[Hereinafter referred to as the “EM&A Manual”]
(1) 擬建從深圳秤頭角液化天然氣接收站連接至香港大埔煤氣製造廠之海底輸氣管道(登記冊編號: AEIAR-071/2003)
- 環境影響評估報告 (2003年3月4日) [下稱“環評報告”]
- 環境影響評估行政摘要 (2003年3月4日) [下稱“環評行政摘要”]
- 環境監察及審核手冊 (2003年3月4日) [下稱“環監手冊”]
(2) The Director’s letter of approval of the EIA Report dated 23 April 2003 (Reference: (37) in EP2/G/H/120 II)
(2) 署長於2003年4月23日發出批准環評報告的信件 (檔案編號: (37) in EP2/G/H/120 II)
(3) Application for Environmental Permit on 2 May 2003 including all attachments submitted (Application No. AEP-167/2003)
(3) 於2003年5月2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-167/2003)
(4) Environmental Permit (Permit No. EP-167/2003) issued on 30 May 2003
(4) 於2003年5 月30日發出的環境許可證(許可證編號：EP-167/2003)
(5) Application for Variation of an Environmental Permit on 30 December 2004 including all attachments submitted (Application No. VEP-161/2004)
(6) Environmental Permit (Permit No. EP-167/2003/A) issued on 24 January 2005
(6) 於2005年1 月24日發出的環境許可證(許可證編號：EP-167/2003/A)
(7) Application for Variation of an Environmental Permit on 26 April 2005 including all attachments submitted (Application No. VEP-175/2005)
(8) Environmental Permit (Permit No. EP-167/2003/B) issued on 13 May 2005
(8) 於2005年5 月13日發出的環境許可證(許可證編號：EP-167/2003/B)
(9) Application for Further Environmental Permit on 20 May 2005 (Application No. FEP-066/2005)
(David T. W. WONG)
Principal Environmental Protection Officer
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 Projects
Proposed Submarine Gas Pipelines from Cheng Tou Jiao Liquefied Natural Gas Receiving Terminal, Shenzhen to Tai Po Gas Production Plant, Hong Kong
[This designated project is hereinafter referred to as “the Project”.]
Nature of Designated
Submarine gas pipelines.
Location of Designated Projects
The location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project(s)
Construction of twin 450mm diameter submarine gas pipelines of approximately 28.5km in length. The submarine pipelines will be buried to the seabed mainly by jetting method except that a short section of pipelines in Mirs Bay will be laid after dredging. Engineering backfill will be applied afterwards to the various sections as indicated in Figure 2 of this Permit.
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 (EIAO) (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 and the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the 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 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 EIA Report, EIA Executive Summary, EM&A Manual (Register No. AEIAR-071/2003), other relevant documents in the EIAO Register Office, 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 ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the EIAO 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 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 Cof this Permit. Any variations 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 the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to respectively in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIAO Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIAO 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.
1.12 [Not used]
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. 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 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 EM&A or environmental management. The ET and 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 findings of the EIA Report and each and every non-compliance with the recommendations of the EIA Report or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report 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 replace the ET Leader, 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 Contractor or the IEC for the Project.
2.2 An Independent Environmental Checker (IEC) shall be employed no later than one month before the commencement of construction of the Project. The IEC shall be a person who has at least 7 years' experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual, and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the contemporaneous records of the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax transmission, within 24 hours of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the recommendations of the EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impacts. Where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the replacement of the IEC by notice in writing. Failure to replace the IEC upon notice in writing from the Director, or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project.
3. Submission and Measures During Construction of the Project
Management Organization of Main Construction Companies
3.1 [Not used]
3.2 The Project shall be constructed by using the appropriate installation techniques for the various sections of the pipelines alignment as described in the EIA Report and as indicated in Figures 1 and 2 of this Permit.
Pilot Test on Jetting Performance
3.3 A pilot test on the jetting technique as described in Section 3 of the EM&A Manual shall be fully and properly carried out for the purpose of verifying the water quality modelling predictions in the EIA Report. The results of the pilot test shall provide the basis to determine any remedial actions during the subsequent jetting operation. If the results indicate that the modelling predictions are being exceeded, remedial action, such as reduction in jetting speed, shall be taken immediately after the pilot test to ensure that exceedance of the Action and Limit levels for impact monitoring as defined in the EM&A Manual will not occur. The remedial action, including any reduction in jetting speed, shall be certified by the ET Leader and verified by the IEC as conforming to the predicted environmental performance in the EIA Report.
3.4 To mitigate water quality impact arising from the construction works of the Project, the forward speed of the jetting machine for the construction of pipelines section between Location A to Location C, as shown in Figure 1 of this Permit, shall not exceed 67.5 metres per hour and 1.08 kilometres per day; and that for the construction of pipelines section between Location C to Location G shall not exceed 67.5 metres per hour and 1.62 kilometres per day.
3.5 Silt curtain shall be installed as indicated in Figure 3 of this Permit and properly maintained when works are being carried out at the Tai Po landing point site and the shore approach section, and when jetting works are being carried out within 2 kilometres from the proposed landing point at the seawall of the Tai Po Industrial Estate, except during the pilot test on jetting performance as required in Condition 3.3 above. Any proposal to modify the length of silt curtain shall be supported by EM&A results and submitted for the agreement by the Director before implementation. The environmental acceptability of such modification shall also be certified by the ET Leader and verified by the IEC before submission to the Director.
3.6 Grab dredger shall be used for the dredging works between Location D to Location E as shown in Figure 1 of this Permit, and no more than three grab dredgers operating with a separation distance of no less than 1,000 m between each other shall be allowed to dredge at any one time along the pipelines route.
3.7 The dredging rate for each grab dredger during dredging between Location D to Location E, as shown in Figure 1 of this Permit, shall not exceed 250 cubic metres per hour and 6,000 cubic metres per day.
3.8 To avoid localised aesthetic impacts at the sea surface due to escape of marine mud from the ascending grab to the upper layer of the water column, frame type silt curtain with details shown in Figure 4 and Figure 5 of this Permit shall be employed at each grab dredger for dredging between Location D to Location E as shown in Figure 1 of this Permit. The silt curtains shall be properly maintained throughout the dredging operation.
3.9 All barges used for the transport of dredged materials shall be fitted with tight bottom seals and filled to an appropriate level to ensure that dredged materials do not spill over during transport to the disposal site, and adequate free board shall be maintained to ensure that the decks are not washed by wave action.
3.10 Dredging works and jetting works of the Project shall not be carried out simultaneously.
4. Environmental Monitoring and Audit (EM&A) Requirements During Construction Period
4.1 The EM&A programme for the construction of the Project shall be implemented in accordance with the procedures and requirements set out in the EM&A Manual. Any changes to the EM&A programme shall be justified by the ET Leader and verified 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 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring on water quality and marine ecology;
(b) conducting impact monitoring on water quality and marine ecology;
(c) 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
(d) logging and keeping records of the details of (a) to (c) above for all parameters in accordance with the time requirements set out in the EM&A Manual and in any event no later than three 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.
4.3 All EM&A data submitted under this Permit shall be true, valid and correct.
4.4 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.
4.5 Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within two weeks after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
Monitoring of Corals
4.6 The impacts on corals shall be monitored in accordance with Section 4 of the EM&A Manual when jetting works are being carried out within the Tolo Channel (between Wong Wan Tsui and Wong Chuk Kok Tsui) and when dredging works on the Shenzhen side of this Project are being carried out within 1 kilometre of the Hong Kong SAR boundary.
Consideration of Using Additional Silt Curtain based on EM&A Results
4.7 If the EM&A results indicate that the elevation of suspended sediment concentrations caused by the Project at the coral sites, in particular at Fung Wong Fat, is likely to exceed the Limit Level of 10 mg/L, the installation of additional silt curtain to protect the corals shall be considered, together with other potential mitigation measures, under the Event and Action Plan and implemented accordingly, if found necessary.
5. Electronic Reporting of EM&A Information
5.1 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 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 Condition 4 above of this Permit. 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 format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.
5.2 The Permit Holder shall, within three weeks after the commencement of construction of the Project, set up a dedicated Internet web site 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 5.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
5.3 The Internet web site as described in Condition 5.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the documents (1) to (3) listed in Part A of this Permit, and this Environmental Permit. The Internet web site shall have features capable of:
(a) providing access to all environmental monitoring data of this Project collected as required under this Permit;
(b) providing access to all finalized submissions as required under this Permit;
(c) searching by date;
(d) searching by types of monitoring data (water quality and marine ecology); and
(e) hyperlinking to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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 construction 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 construction of 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 Ordinance for details and seek independent legal advice.