Environmental Permit No. EP-408/2011/B

                                                                                                            環境許可證編號 EP-408/2011/B

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

環境影響評估條例

(499)

10

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) granted this environmental permit to the The Jockey Club CPS Limited (hereinafter referred to as the “Permit Holder”) on 18 April 2011.  Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit based on the Application No. VEP-357/2012.  The amendments, described below, are incorporated into this Environmental Permit (EP-408/2011/B).  This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions described in or attached to Part C.  The issue of this 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條的規定,環境保護署署長(署長) 2011418將本環境許可證批予賽馬會文物有限公司 (下稱“許可證持有人”) 。根據環評條例第13條的規定,署長因應更改環境許可證的申請編號VEP-357/2012 修訂環境許可證。以下修訂已包含在本環境許可證內(編號EP-408/2011/B)。本經修訂的環境許可證作為建造及營辦B所說明的指定工程項目,但須遵守C所說明或附載的條件。本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

VEP-357/2012

Document in the Register

登記冊上文件

(1)     Central Police Station Conservation and Revitalisation Project

-                 Environmental Impact Assessment Report (January 2011) [Hereinafter referred to as the “EIA Report”]

-                 Environmental Monitoring and Audit Manual (January 2011) [Hereinafter referred to as the “EM&A Manual”]

-                 Executive Summary (January 2011) [Hereinafter referred to as the “EIA Executive Summary”]

-                 Further information received from The Jockey Club CPS Limited on 22 March 2011 under Section 8(1) of the EIAO

(Register No.: AEIAR-162/2011)

(2)     The Director’s letter of approval of the EIA Report dated 18 April 2011 [ Ref.: (133) in EP2/H4/O16 Pt.2]

(3)     Application for an Environmental Permit No. AEP-408/2010. [Hereafter referred to as “the Application No. AEP-408/2010”]

(4)     Environmental Permit issued on 18 April 2011 (Permit No. EP-408/2011)

(5)     Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 20 December 2011 (Application No. VEP-350/2011)

(6)     Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 8 March 2012 (Application No. VEP-357/2012)

(1)     中區警署保育及活化計劃

-              環境影響評估報告 (20111) [下稱「環評報告」]

-              環境監察及審核手冊 (20111) [下稱「環監手冊」]

-              行政摘要 (20111) [下稱「環評摘要」]

-              賽馬會文物有限公根據條例第8.(1)條於2011322所提交的進一步資料

(登記編號: AEIAR-162/2011)

(2)  署長於2011418發出批准環評報告的信件 [檔案編號: (133) in EP2/H4/O16 Pt.2]

(3)  申請環境許可證編號 AEP-408/2010[下稱申請書編號 AEP-408/2010”]

(4)     2011418簽發的環境許可證 (許可證編號EP-408/2011)

(5)     許可證持有人於20111220日提交的更改環境許可證申請文件包括所有附件(申請書編號:VEP-350/2011)

(6)     許可證持有人於201238提交的更改環境許可證申請文件包括所有附件(申請書編號:VEP-357/2012)

 

 


 

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into this Environmental Permit

已包含在本環境許可證內修訂項目

 

Date of Amendment

修訂日期

VEP-350/2011

20 Dec 2011

20111220

Amend Condition 2.9 in Part C and Figure 3 of Environmental Permit No. EP-408/2011 to include tree “T10A”.

修改環境許可證編EP-408/2011 C2.9項及圖3, 以包括示標為「T10A」的樹木。

 

10 Jan 2012

2012110

VEP-357/2011

8 Mar 2012

201238

Amend item 5(a)(ii) in Part B, Appendix of Environmental Permit No. EP-408/2011/A and add Figures 4 and 5 to define the attributes and building form of the enhanced design of Arbuthnot Wing.

修改環境許可證編EP-408/2011/A 附件B部第5(a)(ii)項及新增45, 以說明亞畢諾翼在加強設計後的建築參數及形態

 

22 Mar 2012

20123   

22

 

 

 

 

 

 

 

  22 March 2012

2012322

 

 

Date

日期

 

(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 )


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:

下列為本環境許可證A所提及的指定工程項目的說明: 

          

Title of Designated Project

指定工程項目的名稱

Central Police Station Conservation and Revitalisation Project [This designated project is hereinafter referred to as "the Project"]

 

中區警署保育及活化計劃
[
這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

 

Earthworks and building works partly or wholly in an existing site of cultural heritage.

 

在現有的文化遺產地點進行部分或全部土木工事及其他建築工程

 

Location of Designated Project

指定工程項目的地點        

The Project site is bounded by Hollywood Road, Arbuthnot Road, Chancery Lane and Old Bailey Street. The location of the Project is shown in Figure 1 of this Permit.

 

項目地點以荷李活道、亞畢諾道、贊善里及奧卑利街為界。工程項目的位置見載於本許可證的1

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The scope of the Project includes:

-          modification and refurbishment works at the three declared monuments which are namely Central Police Station, Former Central Magistracy and Victoria Prison Compound, with new built structures, for the purpose of conservation and revitalisation of the three declared monuments. The boundaries of the three declared monuments are shown in Figure 2 of this Permit.

 

工程項目的範圍包括:

-          在三個法定古蹟,即中區警署、前中央裁判司署及域多利監獄之中的改建和翻新工程,以及加建的新構築物,目的為保育及活化這三個法定古蹟。這三個法定古蹟的範圍,見本許可證的圖2

 

 


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 but without limitation the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Antiquities and Monuments Ordinance (Cap.53), Town Planning Ordinance (Cap. 131) and Buildings Ordinance (Cap123). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation.

1.3               The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of this Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit.  Any reference to this Permit shall include all documents referred to in this 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 this 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 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 and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.7               The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and all recommendations described in the approved EIA Report (Register No.: AEIAR-162/2011), the application document (Application No. AEP-408/2010) and 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.

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 as specified by the Director.

1.9               All submissions approved by the Director, all submissions deposited without comments by the Director, and 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 means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11            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.

1.12            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 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 hardcopies.

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.

1.14            The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than two months prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

 

2.         Special Conditions

 

Employment of Environmental Monitoring and Audit (EM&A) 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 Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for 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 EM&A Manual 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 approved EIA Report 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 approved EIA Report and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render this Permit liable to suspension, cancellation or variation.

2.2               An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for 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 EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the 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 approved EIA Report and this Permit, which might affect the monitoring or control of adverse environmental impacts from 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 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 this 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.

            Handling Enquiries, Complaint and Requests for Information

2.3               To facilitate communications, enquiries and complaints handling on all environmental issues during the construction period of the Project, the Permit Holder shall, no later than one month after commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of “Proposal of Procedures for Handling Enquiries, Complaints and Request for Information Concerning the Environmental Effects of Construction Works of the Project” (“the Proposal”). The Proposal shall include setting up a designated telephone hotline to address such enquiries, concerns and complaints for the construction period of the Project in an efficient manner.  The Proposal shall be fully and properly implemented during the construction period of the Project.

Management Organization of Main Construction Companies

 

2.4               The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, 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 Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Construction Programme and Location Plan(s)

 

2.5               The Permit Holder shall, no later than two weeks before commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of (i) location plan(s) in the scale of 1:1,000 or other appropriate scale of the Project; and (ii) construction programme showing the commencement and completion dates of major items of construction works.  The Permit Holder shall inform the Director accordingly in writing in case of any subsequent changes of items contained in the submitted construction programme.

Measures for Mitigating Cultural Heritage Impacts

 

2.6               All buildings/permanent structures within the boundaries of the Project site shall be preserved and shall not be demolished except for the Garage, Workshop & Laundry and General Office which are numbered “5”, “16” and “18” respectively as shown in Figure 2 of this Permit.

2.7               To avoid vibration impact to the three declared monuments, percussive piling shall not be allowed in the Project.

2.8               To mitigating other cultural heritage impact, all mitigation measures/actions as summarized in Part A of the Appendix of this Permit shall be fully and properly implemented in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Sections 3.6, 3.7 and 3.9 and Annex E - Implementation Schedule).  The status and progress of the implementation of these measures/actions shall be reported in the monthly EM&A Reports during the construction period of the Project, as described in Condition 3.4 of this Permit.  The mechanism(s) to implement the operation phase mitigation measures/actions shall also be reported in the EM&A Reports.

            Measures for Mitigating Landscape & Visual Impacts

 

2.9               To avoid adverse landscape and visual impact, all trees within the boundary of the three declared monuments shall be preserved and shall not be removed except for the trees which are numbered “T1”, “T2”, “T3”, “T4”, “T10” and “T10a” as shown in Figure 3 of this Permit.  The existing tree site at the eastern part of the Parade Ground shall be enlarged to become a wide tree strip to accommodate at least six no. of trees for compensatory tree planting in accordance with the requirements in the relevant Landscape Plan(s) deposited as required in Item (4), Part B of the Appendix of this Permit.

2.10            To avoid adverse night-time glare impact on adjacent visually sensitive receivers (VSRs) in particular nearby residential buildings during both construction and operation phases of the Project, no illumination lighting for the external building façade shall be allowed for decoration/advertisement purpose.  Lighting at the two proposed new buildings and the food and beverage/retail users within the retained buildings shall be turned to night-mode (i.e. dimmer) after 11:00pm.  Only lighting for safety/emergency purposes shall be allowed elsewhere in the Project site after 11:00pm. All such lighting shall be designed and operated to avoid/minimise any glare impact to nearby VSRs.

2.11            To avoid adverse glare interference, non-reflective material shall be used for façade treatment of the proposed new buildings with reference to the existing masonry block elements on site in terms of scale and proportion, for establishing a certain contextual relationship with the existing buildings and ensuring they are compatible.

2.12            To mitigating other landscape and visual impact, all environmental mitigation measures/actions as summarized in Part B of the Appendix of this Permit shall be fully and properly implemented in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Section 4.7 and Annex E - Implementation Schedule).  The status and progress of the implementation of these measures/actions shall be reported in the monthly EM&A Reports during the construction period of the Project, as described in Condition 3.4 of this Permit.  The mechanism(s) to implement the operation phase mitigation measures/actions shall also be reported in the EM&A Reports.

            Measures for Mitigating Noise and Air Quality Impacts

 

2.13            To mitigating noise and air quality impacts, all environmental mitigation measures/actions as summarized in Parts C and D of Appendix of this Permit respectively, shall be fully and properly implemented in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Sections 5.9 and 6.8 and Annex E - Implementation Schedule). The status and progress of the implementation of these measures/actions shall be reported in the monthly EM&A Reports during the construction period of the Project, as described in Condition 3.4 of this Permit.  The mechanism to implement the operation phase mitigation measures/actions shall also be reported in the EM&A reports.

 

3.        Environmental Monitoring and Audit Requirements

 

3.1               The EM&A programme of the Project shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual of the Project. Any changes to the EM&A requirements or programme and termination of the EM&A programme shall be supported with justifications by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual; and the prior approval from the Director shall be sought before their implementation.

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 environmental monitoring;

(c)                carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

(d)                logging and keeping records of 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 the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.4               Four hard copies and one electronic copy of the monthly EM&A Reports for the construction period shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director. 

3.5               All environmental monitoring and audit results 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 the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 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 hard copies.

4.2        The Permit Holder shall 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 within six weeks after the commencement of construction of the Project. All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable, and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during at least the first year of operation of the Project, or otherwise as agreed by the Director.

4.3        The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA Report, the environmental permit(s) and 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 work and all submissions under this Permit;

(b)      searching by date;

(c)      searching by types of monitoring data; and

(d)      hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

 

Notes :

1.                   This Permit consists of three parts, namely, PART A (Main Permit), PART B (Descriptions 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 may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

5.                   Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, 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.                   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:-

(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.

8.                   The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.

9.                   The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

 

 

Environmental Permit No. EP-408/2011/B

環境許可證編號 EP-408/2011/B

| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 |

 

 


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Appendix

 

Summary of Environmental Mitigation Measures and Actions Recommended in the EIA Report to be implemented:

 

Part A:  Cultural Heritage Impact

Detailed Design Stage and Construction Phase

(1)                The following measures/actions for mitigating construction phase cultural and heritage impact shall be implemented in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Sections 3.6, 3.7 and 3.9 and Annex E - Implementation Schedule):

(a)                comprehensive survey and impact assessment of historic features of the monuments and identification of Character Defining Elements (CDE) to be conducted during the detailed design stage when closer access to all parts of the buildings will be made possible and when further ground investigations will have been carried out;

(b)                staff training by an experience building conservation expert or relevant competent person(s) in the environmental team of the project to be provided to the on-site staffs, contractors, sub-contractors and workers of the project before commencement of works to ensure their full understanding of the approved “protection schedule” (which is a full inventory list of historic features together with a schedule of protection works for all these identified items), restoration proposal and work methodologies related to cultural heritage, and their respective responsibilities in the implementation of the environmental protection measures; and

(c)                regular site audit for cultural heritage to be carried out in the construction phase by an experience building conservation expert in the Environmental Team (“the Heritage Checker”) to investigate the site practice of the contractors and workers and their compliance of the approved work methodologies with respect of conservation works, mitigations for cultural heritage and any related works. The Heritage Checker shall also attend the regular site meetings with the Antiquities and Monuments Office (AMO) and report the compliance and effectiveness of the mitigation measures for cultural heritage.

(2)                The following submissions shall be prepared and submitted to AMO for approval/agreement in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Sections 3.6, 3.7 and 3.9 and Annex E - Implementation Schedule) for mitigating construction phase cultural heritage impact:

(a)                the detailed design of the historic buildings, with the required interventions, strengthening and integrated services for new adaptive uses;

(b)                the work methodologies for preserving in-situ and repairing the character defining elements (CDEs) during the detailed design stage;

(c)                detailed proposals of mitigation measures to minimise impacts on the historic building fabrics and features to be prepared by the design team during the detailed design stage;

(d)                a detailed cartographic drawings and photographic records showing the existing conditions of the buildings/permanent structures: Garage, Workshop & Laundry and General Office which are numbered “5”, “16” and “18” respectively as shown in Figure 2 of this Permit before commencement of the removal of these three buildings for archival record;

(e)                a detailed cartographic drawings and photographic records showing the existing condition of all the buildings except the buildings/permanent structures: Garage, Workshop & Laundry and General Office which are numbered “5”, “16” and “18” respectively as shown in Figure 2 of this Permit and the identified CDEs for archival record during the detailed design stage;

(f)                 a restoration proposal with detailed work methodologies of the repair and conservation treatments to different kinds of historic building fabrics and historical features prepared/worked out by the Conservation Architect during the detailed design stage;

(g)                a detailed proposal of the Addition and Alteration (A&A) Works by means of plans, drawings, photos, specifications, method statements and/or other formats of presentation during the detailed design stage;

(h)                a detailed structural report of all the existing buildings and structures within the boundaries of the three declared monuments except the buildings/permanent structures: Garage, Workshop & Laundry and General Office which are numbered “5”, “16” and “18” respectively as shown in Figure 2 of this Permit prepared by the structural engineer during the detailed stage to evaluate if the strengthening proposal needs to be revised, to determine any strengthening work is required for the floors and foundations resulting from the loadings of the new uses, or the alterations or the condition of the existing structures, or from the new construction, and to assess the impacts on the CDEs with the corresponding mitigation measures, during the detailed design stage;

(i)                  an archaeological investigation report to fully present and analyze field data for subsequent detailed impact assessment during the detailed design stage;

(j)                  Detailed Heritage Operational Strategies and Manuals to be developed by the design team and the Permit Holder’s advisors for each building and for the management and circulation of the Site (such as distribution of goods and services into and across the Site, control of visitors, etc.);

(k)                a baseline condition survey report, a baseline vibration impact monitoring report and a vibration monitoring proposal to be conducted by a relevant specialist;

(l)                  a detailed proposal of the regular audit including methodology (e.g. performance and monitoring indicators, control tools, frequency of the audit, etc.) and the conservation professionals to be engaged to be prepared prior to construction;

(m)              an archival recording to be prepared by the design team and the Permit Holder’s advisors to provide a detailed reference for the update of the Conservation Management Plan (CMP) and inventory of historical features of the monuments, the preparation of as-built drawings showing the condition of the historic buildings and structures during the detailed design stage and construction and prior to the operation phase;

(n)                Updated Heritage Operation Manual and the associated guidelines including the approved method statement/work methodology of the repair and conservation works to the historic features of the monuments (in particular the CDEs) and contract details of the respective work contractors engaged in the repair and conservation works of the Project to be prepared by the design team and the Permit Holder’s advisors;

(o)                a full inventory list of historic features together with a schedule of protection works for all these identified items (“protection schedule”);

(p)                Updated Conservation Management Plan (CMP) by the Conservation Architect with any new findings related to the conservation of the built heritage in the site identified during the detailed design and construction stage; and

(q)                Excavation and Lateral Support (ELS) design, construction sequence, method statement and monitoring proposal of the proposed passageway construction under A Hall and B Hall on site.

Operation Phase:

(3)                The following submissions shall be prepared and submitted to the Antiquities and Monuments Office (AMO) for approval/agreement in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Sections 3.7 and 3.9 and Annex E - Implementation Schedule) for mitigating operation phase cultural heritage impact:

(a)                Heritage Operational Strategy and Manual with plans and guidelines on maintenance, distribution of goods and services into and across the Site, visitors control, future operators/users, further development or alternation, risk management and the contract details of the respective work contractors engaged in the repair and conservation works of the Project;

(b)                Interpretation Strategies and Plan related to the site interpretation. (e.g. directional signs, display areas and visitor centre); and

(c)                the detailed proposal of the regular audit such as methodology (e.g. performance and monitoring indicators, control tools, frequency of the audit, etc.) and the conservation professionals to be engaged prior to the operation phase.

 

Part B - Landscape and Visual Impact

(4)                To mitigate the landscape and visual impact of the Project, landscape plan(s) shall be deposited with the Planning Department, at least one month before the commencement of corresponding parts of landscape works of the Project.  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 as recommended in Section 4.7of the EIA Report and with reference to Figure 4.8a “Landscape Master Plan showing Key Mitigation Measures” of the EIA Report.

Construction Phase

(5)                The following measures/actions for mitigating construction phase landscape and visual impact shall be implemented in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Section 4.7 and Annex E - Implementation Schedule):

(a)                Detailed Design Considerations:

(i)                  aesthetic treatment of the proposed visible structures, including their form, textures, finishes and colours are to be compatible with/complement structures in the vicinity of the Project Site while fitting with the revitalized Central Police Station Compound (CPS) philosophy); and

(ii)                the building footprint is to be reduced to the minimal practical size with attributes as specified in Figure 4 of this permit and building form as shown in Figure 5 of this permit.

(b)                In-situ Tree Protection:

(i)                  each tree to be retained shall be cordoned off along its drip line (below the crown) (i.e. Cordon Zone (CZ));

(ii)                any root pruning at the edges of the CZ shall be conducted by a trained arborist or horticulturist;

(iii)               a foliage sprinkler cleansing system shall be installed either in the crown of the tree or at a suitable location on an adjacent building to provide the means to wash the foliage of the accumulated dust when necessary, particularly in the dry season;

(iv)              monthly inspection of affected trees shall be conducted by an experienced and appropriately trained arborist or horticulturist; and

(v)                quarterly inspection of affected and newly planted trees shall be conducted by an experienced and appropriately trained arborist or horticulturist.

(c)                Vertical Greening:  The inner southern wall of the Site shall be planted as a green wall; and

(d)                New Custom Paving:  New, porous, patterned, high quality, concrete custom pavers shall replace most of the existing paving in the open spaces.

Operation Phase

(6)                The following measures/actions for mitigating operation phase landscape and visual impact shall be implemented in accordance with the timing and technical requirements as recommended in the EIA Report (particularly in Section 4.7 and Annex E - Implementation Schedule):

(a)                In-situ Tree Protection:  Quarterly inspection of affected and newly planted trees shall be conducted by an experienced and appropriately trained arborist or horticulturist;

(b)                Soft Landscape Maintenance:   After completion of construction of the Project, the preserved, newly planted trees and other vegetation onsite shall be maintained on a long term basis by a professional horticultural contractor; and

(c)                Architectural Maintenance:   The retained buildings as well as the newly built structures and new paving shall be maintained such as to preserve their visual amenity at a standard similar to that on Day 1 of Operation of the Project.  Such hard landscape maintenance shall be covered by the Conservation Management Plan of the Project.

 

Part C - Noise

Construction Phase

(7)                The following site practices for minimising construction phase noise impact shall be implemented as far as practicable as recommended in the EIA Report (particularly in Section 5.9 and Annex E - Implementation Schedule):

(a)                only well-maintained plant shall be operated on-site and plant shall be serviced regularly during the construction phase;

(b)                silencers or mufflers on construction equipment shall be utilised and shall be properly maintained during the construction phase;

(c)                mobile plant, if any, shall be sited as far away from noise sensitive receivers (NSRs) as possible;

(d)                machines and plant (such as trucks) that may be in intermittent use shall be shut down between work periods or shall be throttled down to a minimum;

(e)                plant known to emit noise strongly in one direction shall, wherever possible, be orientated so that the noise is directed away from the nearby NSRs;

(f)                 material stockpiles and other structures shall be effectively utilised, wherever practicable, in screening noise from on-site construction activities;

(g)                noise insulating sheet would be adopted for certain powered mechanical equipments (PMEs) (e.g. drill rig, excavator for demolition of existing structures, etc).  The noise insulating sheet should be deployed such that there would be no opening or gaps on the joints;

(h)                temporary noise barriers shall be used to mitigate the noise impact arising from the construction works, particularly for low-rise NSRs. Movable noise barriers of 3 m in height with skid footing should be used and located within a few metres of stationary plant and mobile plant such that the line of sight to the NSR is blocked by the barriers.  The length of the barrier should be at least five times greater than its height.  The noise barrier material should have a superficial surface density of at least 7 kg m-2 and have no openings or gaps;

(i)                  quiet PMEs shall be used as far as practicable to mitigate the construction noise impact; and

(j)                  construction activities with identified grouping of PMEs shall be scheduled to minimise construction noise impact.

Operation Phase

(8)                The following site practices to minimise operation phase noise impact shall be implemented as far as practicable as recommended in the EIA Report (particularly in Section 5.9 and Annex E - Implementation Schedule):

(a)                quieter equipment shall be chosen; 

(b)                noise levels specification shall be included when ordering new plant items;

(c)                fixed plant items or noise emission points shall be located away from the NSRs as far as practicable;

(d)                locate noisy machines in completely enclosed plant rooms or buildings with suitable and practicable noise remedies;

(e)                develop and implement a regularly scheduled plant maintenance programme so that plant items are properly operated and serviced.  The programme shall be implemented by properly trained personnel;

(f)                 good management practices shall be in place, including noise monitoring, setting up a complaint hotline, and distributing advance notice to nearby NSRs.  Good management practices shall be implemented during both rehearsals and shows;

(g)                in any event that an outdoor event is expected, the event organizer is required to undertake noise monitoring at least at one of the affected NSR.  One set of Leq(30min) noise measurement before and during the event shall be taken;

(h)                as a fallback option, should non-compliance of the relevant noise criteria at the NSRs be identified for the event, immediate mitigation measures (such as turning down/off of music volume) shall be implemented; and

(i)                  the requirements of not exceeding the total sound power level and noise monitoring for each independent event shall be specified in the event organisers’ contract document.

 

Part D - Air Quality Impact

Operation Phase

(9)                To minimise the impact on the declared monuments, the following measures / actions shall be implemented for kitchens in the operation phase of the Project to avoid/minimise the potential kitchen fumes or stack emission as recommended in the EIA Report (particularly in Section 6.8 and Annex E - Implementation Schedule)

(a)                using electric stoves;

(b)                installing electrostatic precipitators (ESP) to control the oily fume and cooking odour;

(c)                siting the kitchen exhausts away from the nearby air sensitive uses as far as practicable;

(d)                directing the kitchen exhausts vertically upwards; and

(e)                providing sufficient separation distance from the nearby air sensitive uses.

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