ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT
Pursuant to Section 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this further environmental permit to China State Construction Engineering (Hong Kong) Limited (hereinafter referred to as the "Permit Holder") to construct the designated projects 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 :
to Central Link - Protection Works at
- Environmental Impact Assessment Report (November 2010) [Hereinafter referred to as the “EIA Report”]
- Environmental Monitoring and Audit Manual (November 2010) [Hereinafter referred to as the “EM&A Manual”]
- Executive Summary (November 2010)
Director’s letter of approval of the EIA Report dated 25 February 2011 [Ref: (24) in AX(5) to EP2/G/A/
3. Application for Environmental Permit and attachments submitted on 14 March 2011 (Application No.: AEP-416/2011)
4. Environmental Permit (Permit No.: EP-416/2011) issued on 4 April 2011.
5. All relevant information and submissions deposited with or approved by the Director as required by EP-416/2011.
6. Application for Further Environmental Permit and attachments submitted on 17 October (Application No.: FEP-126/2011)
· 環境影響評估報告(2010年11月) [下稱「環評報告」]
· 環境監察審核手冊 (2010年11月) [下稱「環監手冊」]
· 行政摘要 (2010年11月)
3. 於2011 年3 月14 日提交的環境許可證申請文件及附件(申請書編號: AEP-416/2011)
4. 於 2011年4 月4日簽發的環境許可證(許可證編號 : EP-416/2011)
5. 所有根據環境許可證編號 EP-416/2011 向署長存放或獲署長批准的有關資料及文件
6. 於2011 年10 月17 日提交的新的環境許可證申請文件及附件(申請書編號: FEP-126/2011)
11 Nov 2011
(Mr. Ken Y.K.WONG)
Principal Environmental Protection Officer
for Director of Environmental Protection
Hereunder is the description of the designated projects mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
Title of Designated Projects
Central Link - Protection Works at
(This designated project is hereinafter referred to as “the Project”)
沙田至中環綫 - 銅鑼灣避風塘保護工程
Nature of Designated Projects
operation which is less than
Location of Designated Projects
The location of the Project is shown in Figure 1 of this Permit.
(i) Temporary reclamation works (including associated dredging works) within Causeway Bay Typhoon Shelter
Scale and Scope of Designated Projects
The scope of the Project includes:
temporary reclamation works with total
reclamation area of approximately
dredging of around
construction of a section of tunnel structure
(iv) relocation of the temporary Royal Hong Kong Yacht Club (RHKYC) jetty; and
(v) removal of the temporary reclamation.
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 Permit Holder shall ensure full compliance
with all legislation from time to time in force including, without limitation
to, the Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), Dumping at Sea
Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself
constitute any ground of defense against any proceedings instituted under any
legislation or imply any approval under any legislation.
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 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.
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.
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 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).
The Permit Holder shall construct the Project in
accordance with the project description in Part B
of this Permit.
The Permit Holder shall ensure that the Project
is designed and constructed in accordance with the information and
recommendations described in the approved EIA Report (Register No. AEIAR-159/2011)
and other relevant documents 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 or
impliedly amended in this Permit.
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.
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). 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) employed for
the Project before submitting to the Director under this Permit.
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.
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 1.3 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 Special Conditions
Environmental Project Committee (ENPC)
2.1 To oversee and facilitate effective control of the cumulative environmental impacts arising from the construction of the Project and concurrent construction works under the nearby projects including the Central Wan Chai Bypass (CWB) and Wan Chai Development Phase II (WDII), the Permit Holder shall take part as a member of the Environmental Project Committee (ENPC) set up for the Project. The ENPC shall make recommendation to enhance the monitoring and audit of the environmental performance of the Project, the CWB project, the WDII project and other relevant nearby projects on top of requirements as set out in Conditions 3.1 to 4.3 of this Permit or corresponding requirements set out under subsequent Environmental Permits issued for the Project, the CWB project, the WDII project and other relevant nearby projects. (see note 7)
Works Schedule and Location Plans
2.2 The dredging and reclamation works of the Project shall be carried out in stages in accordance with the detailed works schedule and location plans deposited with the Director before the commencement of the marine works of the Project. The schedule shall include an updated works programme indicating dates of commencement of construction activities, dredging and filling works with reference to the locations as shown in Figure 2 of this Permit. (see note 8)
Measures and Submissions to be Implemented During Construction of the Project
Measures to Mitigate Water Quality Impact
2.3 Silt curtains shall be deployed for the dredging and reclamation area inside CBTS as shown in Figure 2 of this Permit in accordance with the Silt Curtain Deployment Plan deposited with the Director for the Project. The typical configuration of silt curtain is shown in Figure 3 for reference only. All mitigation measures recommended in the Silt Curtain Deployment Plan shall be fully and properly implemented throughout the construction period. (see note 8)
2.4 The Permit Holder shall liaise with the owners and the operators of the two seawater intakes for the Excelsior Hotel, World Trade Centre, no. 27- 63 Paterson Street as well as Windsor House as shown in Figure 1 of this Permit on details of silt screen installation, maintenance and removal at the seawater intakes. Silt screens shall be installed at seawater intakes prior to the commencement of the corresponding marine works in the vicinity as presented in the finalised Silt Screen Deployment Plan deposited with the Director for the Project. To avoid refuse entrapment and to ensure representative impact monitoring results, silt screens shall be maintained and refuse around them shall be collected on a daily basis so that water behind the silt screens will be kept free from floating debris during the construction period. (see note 8)
2.5 To mitigate water quality impact arising from dredging works:
no more than two dredgers with
closed grab (of about
(b) temporary seawalls shall first be formed to enclose each phase of the temporary reclamation. Installation of diaphragm wall on temporary reclamation as well as any bulk filling shall proceed behind the completed seawall, which shall be constructed to a height above the high water mark;
(c) demolition of temporary reclamation, including the demolition of the diaphragm wall, and dredging to the existing seabed levels shall be carried out behind the temporary seawall;
(d) temporary seawall shall be removed after completion of all excavation and dredging works for demolition of the temporary reclamation;
(e) silt curtains shall be deployed to fully enclose the closed grab dredger during any dredging operation;
(f) silt screen shall be deployed to protect the cooling water intakes within the CBTS throughout the construction period; and
(g) any gaps in the seawall that may need to be provided for marine access shall be shielded by silt curtains to control sediment plume dispersion away from the site.
Measures for Waste Management
2.6 Floating refuse shall be collected and removed at regular intervals on a daily basis to keep the water within the site boundary and the neighbouring water free from floating refuse.
Measures to Mitigate Construction Dust
2.7 To reduce emission of fugitive dust from the Project site during construction period, the following mitigation measures shall be implemented:
(a) all exposed soil surfaces shall be kept wet by watering at least once every working hour and in any event not less than 8 times per working day on all exposed soil surfaces within the Project site and associated work areas throughout the construction period; and
(b) all exposed soil surfaces in the southwest retained area of temporary reclamation, as indicated in Figure 1, shall be covered with impervious sheeting and/or paved with concrete hardstanding or equivalent once the filling work in the temporary reclamation is completed.
Environmental Monitoring and
Audit Requirements During
3.1 The EM&A programme for the construction of the Project shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. Any major changes to 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. The EM&A programme shall include, among other items, the monitoring of water quality, air quality, construction noise, waste management and regular site inspection during construction period in accordance with the requirements in the approved EM&A Manual. The EM&A programme shall also include monitoring of the potential odour nuisance arising from accumulation of pollutants discharged from the polluted storm culverts within any temporary embayment formed from the temporary reclamations. For this purpose, the EM&A programme shall include: (see note 7)
(a) monitoring the Dissolved Oxygen (DO) levels at designated marine water quality monitoring stations as set out in the EM&A Manual during the construction period;
(b) implementing additional improvement measures (e.g. use of aeration method to improve the DO levels in the marine embayment) in case of oxygen depletion (i.e. DO level <2 mg/L) detected within CBTS.
3.2 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;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in Event/Action Plans of the EM&A Manual in accordance with the time frames set out in 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 details of (a) to (c) above for all parameters within 3 working days of 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 for inspection on site.
3.3 Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of each reporting month. The monthly EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). In compiling this monthly EM&A Report, the Permit Holder shall address all relevant cumulative impacts due to activities of nearby concurrent projects including the CWB project and the WDII Project. The submission shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of submission shall be provided upon request by the Director.
3.4 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
Electronic Reporting of
4.1 To facilitate public inspection of the regular 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 hardcopies as described in Condition 3.3 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 hardcopies.
4.2 All environmental monitoring data described in Condition 4.1 above shall be made available to the public via a dedicated web site to be set up for the Project in the shortest practicable time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The dedicated website shall be maintained for public access of the environmental monitoring data and reports throughout the entire construction period of the Project and at least three months after completion of construction of the Project, or otherwise as agreed by the Director. (see note 7)
4.3 The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring and project data including the approved EIA Report and the environmental permit(s) and the project profile of the Project. The Internet website shall have features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by types of monitoring data (noise, water and air quality); and
(d) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
This Permit consists of three parts, namely, PART A
(Main Permit), PART B (Description of Designated Projects) 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.
If there is a breach of any conditions of this Permit, the Director or
his authorized officer may, with the consent of the Secretary for the
Environment, order the cessation of associated work until the remedial action
is taken in respect of the resultant environmental damage, and in that case the
Permit Holder shall not carry out any associated works without the permission
of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13
of 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 designated project(s) may, before he assumes responsibility of the
designated project(s), 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, 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 or operate a
designated project listed in Part I of schedule 2 of the Ordinance without a
valid environmental permit.
7. MTR Corporation Limited (MTRCL), Holder of Environmental Permit (EP) No. EP-416/2011, is required under EP-416/2011:
(a) to establish an Environmental Team (ET) which shall be headed by an ET Leader;
(b) to employ an Independent Environmental Checker (IEC);
(c) to set up an Environmental Project Committee (ENPC); and
(d) to set up a dedicated web site where the environmental monitoring and project data is to be placed
for the Project.
8. MTRCL, Holder of EP-416/2011 is required under EP-416/2011:
(a) to deposit with the Director the detailed Works Schedule and Location Plans;
(b) to deposit with the Director the Silt Curtain Deployment Plan;
(c) to deposit with the Director a Silt Screen Deployment Plan; and
(d) to deposit with the Director the Baseline Monitoring Report
for the Project.
9. This Permit shall not remove the responsibility of MTR Corporation Limited (MTRCL) and any person working on the Project to comply with the conditions set out in Part C of the Environmental Permit No. EP-416/2011 or where applicable any subsequent environmental permit amended by the Director under the Ordinance.
10. Any person who constructs the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable:-
(a) on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;
(b) on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;
(c) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
(d) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(e) 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.
11. 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.
The Notes are for general reference only and that the Permit Holder
should refer to the EIA Ordinance for details and seek independent legal
Environmental Permit No. FEP-01/416/2011