Environmental Permit No. FEP-02/376/2009

環境許可證編號  FEP-02/376/2009

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & 12

 

環境影響評估條例

(499)

1012

 

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT

A DESIGNATED PROJECT

 

建造指定工程項目的新的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

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 – Build King Joint Venture (Chine State Construction Engineering (Hong Kong) Limited and Build King Civil Engineering Limited as partners) (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)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 利基聯營(中國建築工程(香港)有限公司利基土木工程有限公司為合伙人) (下稱 許可證持有人”),以建造B所說明的指定工程項目,但須遵守C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:

 

Application No.

申請書編號

FEP-170/2016

Document in the Register :

登記冊上的文件:

 

1.       Wan Chai Development Phase II and Central-Wan Chai Bypass (Register No.: AEIAR-125/2008)

-          Environmental Impact Assessment Report (December 2007)
[Hereinafter referred to as “the WDII&CWB EIA Report”]

-          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 EIAO

 

2.       The Director’s letter of approval of the WDII&CWB EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/15 Pt.2.

 

3.       Central Reclamation Phase III – Studies, Site Investigation, Design and Construction (Register No.: AEIAR-040/2001)

-          Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as "the CRIII EIA Report"]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

 

4.       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.

 

5.       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 “DP3” in the WDII&CWB EIA Report);

(ii)   Wan Chai East Sewage Outfall (referred to as “DP5” in the WDII&CWB EIA Report); and

(iii) Dredging for the Cross-harbour Water Mains from Wan Chai to Tsim Sha Tsui (referred to as “DP6” in the WDII&CWB EIA Report).

 

6.       Environmental Permit Issued – Permit No.: EP-364/2009 issued to Highways Department on 17 August 2009 for construction of the “Central-Wan Chai Bypass” (CWB) including its Road Tunnel and Slip Roads (referred to as “DP1” in the WDII&CWB EIA Report).

 

7.       Application for Environmental Permit and attachments submitted by the Permit Holder on 20 October 2009 (Application No.: AEP-376/2009).

 

8.       Environmental Permit Issued – Permit No.: EP-376/2009 issued on 13 November 2009.

 

9.       Application for Further Environmental Permit including all attachments submitted on 6 March 2015 (Application No.: FEP – 161/2015).

 

10.    Application for Further Environmental Permit including all attachments submitted on 26 July 2016 (Application No.: FEP - 170/2016).

 

1.       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 (200712) [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200831120084920081114所提交的進一步資料

 

2.       署長於20081211發出批准WDII&CWB環評報告的信,檔案編號: (85) in EP2/H4/S3/15 Pt. 2

 

3.       中環填海計劃第III - 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 (20017) [下稱「CRIII環評報告」]

·         環境監察審核手冊

·         行政摘要

 

4.       署長於2001831發出 CRIII環評報告的批准信,檔案編號: (19) in Ax(4) to EP2/H4/C/09 II

 

5.       已簽發的環境許可證許可證編號EP-356/2009; 2009730日簽發予土木工程拓展署以建造以下指定工程項目:

(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“DP3”)

(ii)    灣仔東污水排水口(WDII&CWB環評報告內稱“DP5”);

(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“DP6”)

 

6.       已簽發的環境許可證許可證編號EP-364/2009; 2009817簽發予路政署以建造中環灣仔繞道,包括其行隧道及連接路(WDII&CWB環評報告內稱“DP1”)

 

7.       許可證持有人於20091020日提交的環境許可證申請文件及附件(申請書編號: AEP-376/2009)

 

8.       已簽發的環境許可證許可證編號EP-376/2009 20091113日簽發

 

9.       201536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-161/2015)

 

10.    2016726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-170/2016)

 

 

 

 

 

 

 

 

1 August 2016

2016 8 1

 

 

Date

日期

 

(Mr. 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)

 

 

 


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提述的指定工程項目的說明:

 

Title of Designated Project

指定工程項目的名稱

 

Road P2 and other roads which are classified as primary/district distributor roads

(referred to as “DP2” in the WDII&CWB EIA Report) (This designated project is hereafter referred to as “the Project”)

 

P2路及其他分類為主要幹路或地區幹路的道路(WDII&CWB環評報告內稱“DP2) (本指定工程項目下稱工程項目”)

Nature of Designated Project

指定工程項目的性質

 

The Project will involve construction of primary and district distributor roads.

 

此工程項目涉及建造主要幹路地區幹路道路

 

Location of Designated Project

指定工程項目的地點

 

 

Wan Chai harbourfront area, Hong Kong.

The location of the Project is shown in Figure 1A of this Permit.

 

香港灣仔海旁

工程項目的地點展示於本許可證1A 內。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The scope of the Project includes:

·              a dual 2-lane primary distributor road, Road P2, approximately 0.6km in length; and

·              other new primary and district distributor roads connecting to the slip roads of the Central-Wan Chai Bypass with a total length of approximately 0.7km.

 

Remarks:

(a)       The scope of the Project does not include any reclamation or dredging works.

(b)       The reclamation and associated dredging works related to the Project within Wan Chai Development Phase II (WDII) project area in Wan Chai harbourfront are separately covered by the environmental permit No. EP-356/2009 issued to Civil Engineering and Development Department.

(c)       The reclamation and associated dredging works related to the Project within the Central Reclamation Phase III (CRIII) project area in Central habourfront area are separately covered by the environmental permit No. EP-122/2002 and further environmental permit No. FEP-01/122/2003, and their subsequently amended versions, issued to Civil Engineering and Development Department and its contractor, Leighton-China State-Van Oord Joint Venture, respectively.

 

工程項目的範圍包括:

·              一條約長0.6公里的雙主要幹道- P2路﹔及

·              其他總長0.7公里,連接至中環灣仔繞道連接路,分類為主要幹道或地區幹道道路。

 

備註:

(a)        本許可證不包括任何填海或挖泥工程。

(b)        有關此工程項目位於灣仔海旁灣仔發展計劃第二期地區內填海及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)

(c)        有關此工程項目位於中環海旁中環填海第三期地區內填海及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-122/2002)及簽發與其承辦商Leighton-China State-Van Oord Joint Venture的新的環境許可證(許可證編號: FEP-01/122/2003)及其各自的更新版本。

 

 


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 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 and operation 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 and operate 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, constructed and operated in accordance with the relevant information and recommendations described in the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2001), the Environmental Permit No.: EP-356/2009 issued on 30 July 2009 for marine works as described in Part A of this Permit; the Application for Environmental Permit (Application No. AEP-376/2009) 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.

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.

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           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

Submissions or Measures to be implemented before Construction of the Project

2.1 – 2.2  [Not Used]

Environmental Project Committee (ENPC)

 

2.3    To oversee and facilitate effective control of the construction of the Project and concurrent works under 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 the 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, 3.2, 3.4 to 4.2 of this Permit or corresponding requirements set out under subsequent Environmental Permits issued for the whole project and other relevant nearby projects. (see notes 7 and 8)

2.4-2.8  [Not Used]

            Submissions and Measures for the Construction Period of the Project

Measures to Mitigate Construction Noise Impact

 

 

2.9    To mitigate construction noise impact particularly on the nearby noise sensitive receiver – Hong Kong Academy for Performing Arts (Open Arena), 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 the use of movable/temporary noise barriers, the use of quiet powered mechanical equipments and the adoption of multiple-phase construction schedules, where appropriate for the construction activities in relation to the following tasks:

(a)                the roads for temporary traffic diversion;

(b)                resurfacing; and

(c)                at-grade roadwork.

The submission(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 WDII&CWB EIA Report (Register No. AEIAR-125/2008) and the approved CRIII EIA Report (Register No. AEIAR-040/2001) before deposit with the Director. All measures recommended in the finalised submission(s) under this Condition shall be fully and properly implemented. Measures covered by other pollution control Ordinances shall not be included in this construction noise management plan. (see note 8)

Measures to Mitigate Construction Landscape and Visual Impact

2.10   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 construction landscape works of the Project, deposit with the Director four hard copies and one electronic copy of construction landscape plan(s).  The construction 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 construction landscape and visual mitigation measures of the Project. Before submission to the Director, the construction 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 WDII&CWB EIA Report (Register No. AEIAR-125/2008) and the approved CRIII EIA Report (Register No. AEIAR-040/2001), in particular Table 10.5, Volume 2-Part B of the approved 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)

 

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 under EP-376/2009 (see note 8). Any major changes to the programme shall be justified by the ET Leader and verified by the IEC employed under EP-376/2009 (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 (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 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               [Not Used]

3.4               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 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 construction impacts due to concurrent activities of the concurrent projects including the Central Reclamation Phase III, Wan Chai Development Phase II and Central-Wan Chai Bypass projects. The submissions shall be certified by the ET Leader and verified by the IEC (see note 8). Additional copies of the submissions shall be provided to the Director upon request by the Director.

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 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 3.4 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)

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 CWB project (see note 9) 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.

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 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.       Civil Engineering and Development Department (CEDD), the Holder of Environmental Permit (EP) No. EP-376/2009, is required under EP-376/2009, 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 set up an Environmental Project Committee (ENPC); and

(iv)  to set up a Community Liaison Group (CLG),

for the works covered by EP-376/2009.

 

8.       CEDD, the Holder of EP-376/2009 is required under EP-376/2009, 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 works of the WDII&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 marine works;

(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 a construction landscape plan;

(ix)              to deposit with the Director an operation landscape plan;

(x)                to submit to the Director the Baseline Monitoring Report; and

(xi)              to submit to the Director the monthly EM&A Reports.

for the works covered by EP-376/2009.

 

All submissions or any variation of the submissions shall be certified by the ET Leader(s) and verified by the IEC before submitting to the Director

 

9.       CEDD, the Holder of EP-376/2009 is required under EP-376/2009, or any subsequent EP amended by the Director under the Ordinance, 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 works covered by EP-376/2009.

 

10.   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 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-02/376/2009

環境許可證編號  FEP-02/376/2009

| Figure 1A |

 


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