Environmental Permit No. FEP-10/364/2009/B
環境許可證編號 FEP-10/364/2009/B
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10及12條
FURTHER
ENVIRONMENTAL PERMIT TO CONSTRUCT
A
DESIGNATED PROJECT
建造指定工程項目的新的環境許可證
A部 (許可證主要部分)
Pursuant
to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO),
the Director of Environmental Protection (the Director) grants this further environmental
permit to Chine State Construction
Engineering (Hong Kong) Limited (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:
根據《環境影響評估條例》(環評條例)第10條及12條的規定，環境保護署署長(署長)將本新的環境許可證批予中國建築工程(香港)有限公司(下稱 “許可證持有人”)，以建造B部所說明的指定工程項目，但須遵守C部所列明的條件。本新的環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
FEP-148/2013 |
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Document in the Register : 登記冊上的文件: |
1.
Central - Wan Chai Bypass and -
Environmental Impact
Assessment Report (July 2001) -
Environmental Monitoring
and Audit Manual -
Executive Summary 2.
The Director’s letter of approval of the CWB&IECL
EIA Report dated 31 August 2001 referenced (19) in Ax(2) to EP2/H4/A/ 3.
Wan Chai Development Phase II and Central-Wan
Chai Bypass (Register No.: AEIAR-125/2008) -
Environmental Impact
Assessment Report (December 2007) -
Environmental Monitoring
and Audit Manual -
Executive Summary -
Further information
received from the Civil Engineering and Development Department on 11 March
2008, 9 April 2008 and 14 November 2008 under Section 8(1) of the Environmental Impact Assessment Ordinance 4.
The Director’s letter of approval of the WDII&CWB
EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/ 5.
Central Reclamation Phase III – Studies, Site
Investigation, Design and Construction (Register
No.: AEIAR-040/2001) -
Environmental Impact
Assessment Report (July 2001) -
Environmental Monitoring
and Audit Manual -
Executive Summary 6.
The Director’s letter of approval of the CRIII
EIA Report dated 31 August 2001 referenced (19) in Ax(4) to EP2/H4/C/09 II. 7.
Environmental Permit Issued – Permit No.:
EP-356/2009 issued to Civil Engineering and Development Department on 30 July
2009 for construction of the following designated projects: (i)
Permanent and
temporary reclamation works including associated dredging works in Wan Chai
Development Phase II (WDII) area (referred to as “DP (ii)
Wan Chai East
Sewage Outfall (referred to as
“DP (iii)
Dredging for the
Cross-harbour Water Mains from Wan Chai to Tsim Sha Tsui (referred to as “DP 8.
Application for Environmental Permit and
attachments submitted by the Permit Holder on 27 July 2009 (Application No.:
AEP-364/2009) 9.
Environmental Permit (No. EP-364/2009) issued
on 17 August 2009 10.
Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 28 July 2010 (Application No. VEP-321/2010) 11.
Environmental
Permit issued – Permit No.: EP-364/2009/A issued on 4 August 2010. 12.
Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 31 August 2012 (Application No. VEP-374/2012) 13.
Environmental
Permit issued – Permit No.: EP-364/2009/B issued on 20 September 2012 14.
Application
for Further Environmental Permit including all attachments submitted on 2 July
2013 (Application No.: FEP-148/2013). 1.
中環及灣仔繞道和東區走廊連接路設計及建築工程 (登記冊編號: AEIAR─041/2001) -
環境影響評估報告 (2001年7月) [下稱「CWB&IECL環評報告」] -
環境監察審核手冊 - 行政摘要 2.
署長於 3.
灣仔發展計劃第二期及中環灣仔繞道 (登記冊編號: AEIAR-125/2008) ·
環境影響評估報告 (2007年12月) [下稱「WDII&CWB環評報告」] ·
環境監察審核手冊 ·
行政摘要 ·
土木工程拓展署根據條例第8.(1)條於 4.
署長於 5.
中環填海計劃第III期 - 研究、實地堪測、設計與建築(登記冊編號: AEIAR-040/2001) ·
環境影響評估報告 (2001年7月) [下稱「CRIII環評報告」] ·
環境監察審核手冊 ·
行政摘要 6.
署長於 7.
已簽發的環境許可證– 許可證編號EP-356/2009; 於 (i) 在灣仔發展計劃第二期的永久及臨時填海工程(包括相聯挖泥工程) (WDII&CWB環評報告內稱“DP (ii)
灣仔東污水排水口(WDII&CWB環評報告內稱“DP (iii)
灣仔至尖沙咀海底輸水管的挖泥工程(WDII&CWB環評報告內稱“DP 8.
許可證持有人於 9.
已簽發的環境許可證 (編號 : EP-364/2009) 於 2009年 8 月 17日簽發 10. 許可證持有人於2010年 11.
已簽發的環境許可證 - 許可證編號 :
EP-364/2009/A 於 2010年8 月4日簽發。 12. 許可證持有人於2012年 13.
已簽發的環境許可證 - 許可證編號 : EP-364/2009/B 於 2012年9 月20日簽發。 14.
於2013 年7 月2 日提交的新的環境許可證申請文件包括所有附件(申請書編號: FEP-148/2013)。 |
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26 July 2013 |
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Date 日期 |
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(Ken Y.K. Wong) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光
代行) |
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PART B (DESCRIPTION OF
DESIGNATED PROJECT)
B部 (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部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱 |
Wan Chai Development
Phase II – Central – Wan Chai Bypass – Tunnel (Slip Road 8 Section) (Contract
No. HY/2010/08) - as part of the “Central–Wan
Chai Bypass including its Road Tunnel and Slip Roads” (the CWB project) which
is covered in the Environmental Permit No. EP-364/2009/B (This designated project is hereinafter
referred to as “the Project”) 灣仔發展第二期 - 中環灣仔繞道 – 八號連接路段隧道工程（合約編號：HY/2010/08） - 此工程為 “中環灣仔繞道(包括其行車隧道及連接路)” (CWB工程項目)的一部份，受已簽發的環境許可證 - 許可證編號 : EP-364/2009/B的管制 (本指定工程項目下稱“工程項目”) |
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Nature of Designated Project 指定工程項目的性質 |
The Project
is a part of the Central-Wan Chai Bypass project. (The CWB project will
involve construction of a trunk road and its road tunnel more than 此工程項目是中環灣仔繞道工程項目一部份。(CWB工程項目涉及興建一條主幹道;及其入口之間的長度超過 |
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Location of Designated Project 指定工程項目的地點 |
Causeway
Bay Typhoon Shelter (CBTS); part of Victoria Park Road; part of Victoria Park,
and part of Tsing Fung Street, Hong Kong The location of the
Project is shown in Figure 1a &
Figure 1b of this Permit. 香港銅鑼灣避風塘，部份維多利亞公園範圍，部份維園道及部份清風街 |
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Scale
and Scope of Designated Project |
The scope of the
Project mainly includes: ·
construction of about 360 metres long CWB Tunnel
structure (also known as the "Trunk Road") in the CBTS by cut
-and-cover method; ·
Construction of about ·
Construction of about ·
Construction of about ·
Reprovisioning of existing Victoria Park facilities. ·
Other associated works (part of the CWB project ) Remarks: l
The permanent and temporary reclamation and
associated dredging works related to the CWB construction are separately
covered by the environmental permit No. EP-356/2009 issued to the Civil
Engineering and Development Department (CEDD). 工程項目的範圍主要包括: ·
位於銅鑼灣避風塘，以挖填方式建造約 ·
位於銅鑼灣避風塘，以挖填方式建造約 ·
於維園道及維多利亞公園範圍內以挖填方式建造長約 ·
約 ·
重置現有維多利亞公園的設施;及 ·
其他相關工程. (CWB工程項目的一部份) 備註: 中環灣仔繞道相關的永久及臨時填海工程(包括相聯挖泥工程)
已包括在簽發與土木工程拓展署的環境許可證(許可證編號:
EP-356/2009)。 |
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), 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.
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 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 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 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 shall construct the Project in
accordance with the project description in Part B of
this Permit (hereafter referred to as “the Project”).
1.7
The Permit Holder shall ensure that the Project
is designed and constructed in accordance with the relevant information and
recommendations described in the approved CWB&IECL EIA Report (Register No.
AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No.
AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2001), the
application documents for environmental permit, other relevant documents in the
Register, and the information or mitigation measures described in this Permit, and
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. The
Project is part of the CWB project..
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). 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 CWB project before submitting to the Director under this permit (see note
7).
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, 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
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.
2 Special Conditions
2.1 [Not Used]
2.2 [Not Used]
2.3 Environmental Project Committee (ENPC)
To oversee and facilitate effective control of the cumulative environmental impacts arising from potential multiple contracts for the construction of the entire Wan Chai Development Phase II (WDII) and Central-Wan Chai Bypass (CWB) (hereafter referred to as the whole Project), the Permit Holder shall take part as a member of Environmental Project Committee (ENPC) set up for the whole project (see note 8).
The ENPC shall make recommendation to enhance the monitoring and audit of the environmental performance of the whole project and other relevant nearby projects on top of requirements as set out in Conditions 3.1 to 4.2 of this Permit or corresponding set out under subsequent Environmental Permits issued for the whole project and other relevant nearby projects (see notes 7 and 8). .
2.4
[Not Used]
2.5
[Not Used]
2.6
[Not Used]
2.8 [Not Used]
Measures to Mitigate Construction
Noise Impact
2.9 To mitigate construction noise impact, the Permit Holder shall deposit with the Director, at least two weeks prior to the commencement of construction of the corresponding component(s) of the Project, four hard copies and one electronic copy of the construction noise management plan, consisting of layout plan(s) in the scale of 1:1,000 or other appropriate scale and explanatory statement(s) showing the noise mitigation measures to include:
(a)
[Not
Used]
(b)
[Not
Used]
(c)
the use of movable/temporary
noise barriers, the use of quiet powered mechanical equipments and the adoption
of multiple-phase construction schedules, where appropriate.
2.10 [Not Used]
2.11 [Not Used]
2.12 [Not Used]
Measures to Mitigate Landscape
and Visual Impact
2.14
To reduce the landscape and
visual impact during construction stage of the Project, the Permit Holder shall
implement a series of landscape and visual mitigation measures. The Permit Holder shall, at least one
month before the commencement of corresponding parts of landscape works of the
Project, deposit with the Director four hard copies and one electronic copy of
landscape plan(s). The landscape
plan(s) shall show the design details, locations, implementation programme,
maintenance and management schedules, and drawings in the scale of 1:1,000 or
other appropriate scale of the landscape and visual mitigation measures of the
Project. Before submission to the Director, the landscape plan(s) shall be
certified by the ET Leader and verified by the IEC as conforming to the relevant
information and recommendations contained in the approved CWB&IECL EIA
Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register
No. AEIAR-125/2008). All measures recommended in the finalised submission(s)
under this Condition shall be fully and properly implemented. (see note 8)
2.15
[Not Used]
Measures to
Mitigate Noise and Visual Impacts on Users of Victoria Park
2.16
To
reduce the noise and visual impacts of the Slip Road 8, as shown in Figures 1a of this Permit, on users of the
Victoria Park during the operation phase of the Project, the Permit Holder
shall deposit with the Director, at least one month
prior to the commencement of construction of the corresponding component(s) of
the Project, four hard copies and one electronic copy of Additional Mitigation
Plan for Slip Road 8 consisting of design drawings in the scale of 1:1,000 or
other appropriate scale and explanatory statement(s) showing the additional
noise and visual mitigation measures such as noise
screening structures with aesthetic design. Before
submission to the Director, the Additional Mitigation Plan shall be certified
by the ET Leader and verified by the IEC as conforming to the relevant
information and recommendations contained in the approved WDII&CWB EIA
Report (Register No. AEIAR-125/2008) and its approval conditions. The recommended noise and visual mitigation measures in the
finalised submission shall be fully and properly implemented prior to the
commencement of operation of the Project.
3
Environmental Monitoring and
Audit Requirements
3.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the updated EM&A Manual approved for the CWB project (see note 8) Any major changes to the programme shall be justified by the ET Leader and verified by the IEC employed for the CWB project (see note 7) as conforming to the information and requirements contained in the updated EM&A Manual.
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the updated EM&A Manual for the CWB project (see note 8) by:
(a)
conducting baseline
environmental monitoring;
(b)
conducting impact
monitoring;
(c)
carrying out remedial
actions described in Event/Action Plans of the updated 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 updated EM&A Manual approved 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.
3.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4
Electronic Reporting of
EM&A Information
4.1 To facilitate public inspection of the Baseline Monitoring Report and 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Conditions 3.3 and 3.4 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 (see note 8).
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 Ordinance, and the following notes are for general information only.
2.
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. Highways Department (HyD), the Holder of Environmental Permit (EP) No.
EP-364/2009, is required under EP-364/2009, or any subsequent EP amended by the
Director under the Ordinance:
(i)
to establish an Environmental
Team (ET) which shall be headed by an ET Leader;
(ii)
to employ an Independent
Environmental Checker (IEC);
(iii) to liaise with the Holder of Environmental Permit
No. EP-356/2009 on to jointly set up an Environmental Project Committee (ENPC);
and
(iv) to liaise with the Holder of Environmental Permit
No. EP-356/2009 to jointly set up a Community Liaison Group (CLG),
for the CWB project.
8. HyD, the Holder of EP-364/2009
is required under EP-364/2009, or any subsequent EP amended by the Director
under the Ordinance:
(i)
to notify the
Director in writing the commencement date of construction of the CWB project;
(ii)
to notify the Director
the date of setting up the ENPC;
(iii)
to notify the Director
the date of setting up the CLG;
(iv)
to submit to the Director
for approval the updated Environmental Monitoring and Audit Manual (updated
EM&A Manual);
(v)
to 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 CWB
project;
(vi)
to deposit with the
Director a detailed works schedule and location plans;
(vii)
to deposit with the
Director a construction noise management plan;
(viii) to deposit with the Director an operational air quality management plan;
(ix)
to deposit with the
Director landscape plan(s);
(x)
to deposit with the
Director an additional mitigation plan for Slip Road 8;
(xi)
to submit to the
Director the Baseline Monitoring Report; and
(xii)
to submit to
the Director the monthly EM&A Reports,
for the CWB project.
9.
HyD, the Holder of Environmental
Permit EP-364/2009, is required under EP-364/2009, or any subsequent EP amended
by the Director under the Ordinance:
(i)
to implement the proposed construction works of CWB including its Road
Tunnel and Slip Roads, ventilation buildings and vent shaft(s) at the location
shown in Figure 1 of EP-364/2009 together with the relevant environmental
mitigation measures; and
(ii)
to set up a dedicated web site and notify the Director in writing the
Internet address where the environmental monitoring and project data is to be
placed,
for the CWB project.
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:-
(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
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.
12. 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-10/364/2009/B
環境許可證編號 FEP-10/364/2009/B
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