Environmental Permit
No. FEP-03/376/2009
環境許可證編號 FEP-03/376/2009
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
PART
OF A DESIGNATED PROJECT
建造指定工程項目的部分而發出新的環境許可證
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 LEIGHTON
CONTRACTORS (ASIA) LIMITED and CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG)
LIMITED jointly trading as LEIGHTON – CHINA STATE JOINT VENTURE (hereinafter referred to as the
"Permit Holder") to construct the part of 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禮頓建築(亞洲)有限公司及中國建築工程(香港)有限公司聯合經營禮頓-中建聯營 (下稱 “許可證持有人”)，以建造B部所說明的指定工程項目的部分，但須遵守C部所列明的條件。本新的環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application No. 申請書編號 |
FEP-198/2020
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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) -
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/ 3.
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 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 “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 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 “DP 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 7 May 2020 (Application No.: FEP-198/2020) 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 (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 2.
署長於 3.
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 4.
署長於 5.
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 6.
已簽發的環境許可證– 許可證編號EP-364/2009; 於 7.
許可證持有人於2009 年10月20 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 於2009年11月13日簽發 9.
於2020年5月7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-198/2020) |
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2 June 2020 2020 年 6 月 2 日 |
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Date 日期 |
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(Sunny C.W.Cheung) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任張展華代行) |
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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:
|
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 “DP 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“DP |
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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及地區幹路道路 |
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Location of the Part of the Designated Project 其中部分指定工程項目的地點 |
The location
of the part of the Project includes: ·
from Road P2 to realigned Hung Hing Road; ·
between Road D11 and Expo Drive
Temporary Access Road; and ·
Slip Road 3 and Fenwick Pier Street
Roundabout. The location
of the part of the Project is shown in Figure
1 of this Permit 該部分工程項目的地點包括: ·
由P2路至重新定線的鴻興道； ·
位於D11路及博覽道中間的臨時通道；及 ·
連接路3及分域碼頭街迴旋處。 該部分工程項目的地點展示於本許可證圖1內 |
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Scale and Scope of the Part of the Designated Project |
The scope of
the Part of the Project includes: ·
a dual 2-lane primary distributor
road, Road P2; and ·
other
new primary and district distributor roads connecting to the slip roads of
the Central-Wan Chai Bypass. Remarks: (a)
The scope of the Project does not
include any reclamation or dredging works 該部分工程項目的範圍包括: ·
一條雙線雙程主要幹道- P2路及 ·
其他連接至中環灣仔繞道連接路，分類為主要幹道或地區幹道的道路。 備註: (a)
本許可證不包括任何填海或挖泥工程 |
1. General Conditions
1.1
The
Permit Holder and any person working on the part of the Project shall comply
with all conditions set out in this Permit. Any non-compliance by any person
may constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2
The Permit Holder shall ensure
full compliance with all legislation from time to time in force including,
without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution
Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping
at Sea Ordinance ( Cap. 466) and Waste Disposal
Ordinance (Cap. 354). This Permit does not of itself constitute any ground of 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 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 part 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 this 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 part of the Project in accordance with the project description in
Part B of this Permit.
1.7 The Permit Holder shall ensure that the part of the Project is designed and constructed 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 application documents for environmental permits 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 part 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) referred to
in Conditions 2.1 and 2.2 below before submitting to the Director under this
Permit.
1.10
The Permit Holder shall release
all finalised 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 Register Office (currently at 27/F, Southorn
Centre, 130 Hennessy Road, Wanchai, Hong Kong).
Electronic copies of all finalised submissions required under this Permit shall
be prepared in Hyper Text Markup Language (HTML)
(version 4.0 or later) and in Portable Document Format (PDF version 1.3 or
later), unless otherwise agreed by the Director and shall be submitted at the
same time as the hard copies.
2
Special Conditions
Submissions or Measures to be implemented before Construction of the Project
Employment of Environmental Monitoring
and Audit Personnel
2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the part of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the part 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 of experience in environmental monitoring and auditing (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 updated EM&A Manual of the part of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Reports and this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Reports and this Permit or by the Director or his authorised officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the updated EM&A Manual of the part of the Project 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 make replacement, 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.
2.2 An IEC shall be employed by the Permit Holder no later than one
month before commencement of construction of the part of the Project. The IEC shall not be in any way an
associated body of the Contractor or the ET for the part of the Project. The IEC shall be a person who has at
least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties
defined in the updated EM&A Manual and shall audit the overall EM&A
performance, including the implementation of all environmental mitigation measures,
submissions required in the updated 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 log-book(s) mentioned in Condition 2.1 of this Permit.
The IEC shall notify the Director by fax, within one working day of
receipt of notification from the ET Leader of each and every occurrence, change
of circumstances or non-compliance with the EIA Reports and this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the part of the Project. In the
case where the IEC fails to so notify the Director of the same, fails to discharge the
duties of the IEC as defined in the updated EM&A Manual or fails to comply
with this Condition, the Director may require the Permit Holder by notice in
writing to replace the IEC. Failure
to replace the IEC as directed or further failure to so notify the Director
despite employment of a new IEC may render the Permit liable to suspension,
cancellation or variation.
Notification by the Permit Holder is the same as notification by the IEC
for the purpose of this Condition.
Environmental Project Committee
2.3 To oversee and facilitate effective control of the construction of the part 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) being 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 requirements set out under subsequent Environmental Permits issued for the whole project and other relevant nearby projects (see notes 7 & 8).
Submissions and Measures for the Construction Period of the Project
Measures to Mitigate Construction Noise Impact
2.4
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 part 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.
Measures
to Mitigate Construction Landscape and Visual Impact
2.5 To reduce the landscape and visual impact during construction stage of the part 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 part 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 part 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.
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. 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 updated EM&A Manual before submission to the Director for approval. The EM&A programme shall include, among other items, the air quality and noise monitoring and audit details to cover the different construction phases.
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the updated EM&A Manual by:
(a)
conducting impact monitoring;
(b)
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 of this Permit are
exceeded; and
(c)
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 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 verified by the IEC. Additional copies of the
submissions shall be provided to the Director upon request by the Director.
3.4 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 1.3 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 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 being set up for the 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 authorised 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 authorised 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-03/376/2009
環境許可證編號 FEP-03/376/2009
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