Environmental Permit No. EP-249/2006/D

                                                                           環境許可證編號 EP-249/2006/D

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 13

 

環境影響評估條例

(499)

1013

 

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) grants the Environmental Permit (EP-249/2006) to the Ocean Park Corporation (hereinafter referred to as the "Permit Holder") on 28 July 2006.  Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit (EP-249/2006/C) based on the Application No. VEP-438/2014.  The amendments, described below, are incorporated into this Environmental Permit (EP-249/2006/D).  This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions specified in 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》(條例)第10條的規定,環境保護署署長(署長) 2006 7 28將環境許可證 (編號EP-249/2006) 批予海洋公園公司 (下稱許可證持有人。根據條例第13條的規定,署長因應更改環境許可證的申請編號VEP-438/2014修訂環境許可證編號EP-249/2006/C。以下修訂已包含在本環境許可證內(EP-249/2006/D) 。本經修訂的環境許可證作為建造及營辦本許可證B所說明的指定工程項目,但須遵守C所列明的條件。本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據:

 

 Application No.

申請書編號

 VEP-438/2014

Document in the Register :

登記冊上的文件:

 

 

 

 

 

1.    Repositioning and Long Term Operation Plan of Ocean Park

-  Environmental Impact Assessment Report

-   Environmental Monitoring and Audit Manual

-   Executive Summary

Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-101/2006)

 

海洋公園之重新定位及長遠營運計劃

-          環境影響評估報告

-          環境監察與審核手冊

-          行政摘要

     下稱“環評報告”(登記冊編號AEIAR-101/2006 

 

 

2.        The Director’s letter of approval of the EIA Report dated 12 July 2006 referenced  (43) in EP2/H16/O/05 Pt. 2

 

      環境保護署署長於二○○六年七月十二日發出批環評報告的信件檔案編號  (43) in EP2/H16/O/05 Pt. 2 

 

 

3.        Application for Environmental Permit received on 7 April 2006 (Application No.: AEP-249/2006)

 

許可證持有人於二○○六年四月七日提交的許可証申請文件(申請書編號:AEP-249/2006

 

 

4.        Environmental Permit issued on 28 July 2006 (Permit No. EP-249/2006)

 

已簽發的環境許可證 - 許可證編號 : EP-249/20062006728簽發

 

 

5.        Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 25 September 2006 (Application No. VEP-223/2006)

 

許可證持有人於2006925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-223/2006)

 

 

6.        Environmental Permit issued on 23 October 2006 (Permit No. EP-249/2006/A)

 

已簽發的環境許可證 - 許可證編號 : EP-249/2006/A 200610 23日簽發

 

 

7.        Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 15 October 2010 (Application No. VEP-326/2010)

 

許可證持有人於20101015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-326/2010)

 

 

8.        Environmental Permit issued on 3 November 2010 (Permit No. EP-249/2006/B)

 

已簽發的環境許可證 - 許可證編號 : EP-249/2006/B 201011 3日簽發

 

 

9.        Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 8 November 2013 (Application No. VEP-421/2013)

 

許可證持有人於2013118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-421/2013)

 

 

10.     Environmental Permit issued on 2 December 2013 (Permit No. EP-249/2006/C)

 

已簽發的環境許可證 - 許可證編號 : EP-249/2006/C 201312 2日簽發

 

 

11.     Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 3 June 2014 (Application No. VEP-438/2014)

 

許可證持有人於201463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-438/2014)

 

 


 

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into 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-223/2006

 

25 September 2006

2006925

 

Add a new condition before Condition 2.18 in Part C of Environmental Permit EP-249/2006. The new condition numbered as Condition 2.18 of Environmental Permit No. EP-249/2006/A.

在環境許可證編號 EP-249/2006 C 部第2.18項條件前加入新的條件。 該項新的條件編號為環境許可證編號 EP-249/2006/A C 2.18項條件。

 

Vary Condition 2.18 in Part C of Environmental Permit No. EP-249/2006.  The varied condition renumbered as Condition 2.19 in Part C of Environmental Permit No. EP-249/2006/A.

更改環境許可證編號 EP-249/2006 C2.18項的條件。 該項更改的條件重新編號為環境許可證編號 EP-249/2006/A C 2.19項條件。

 

Amend Figure 5.

更改 5

 

Renumber Conditions 2.19 to 2.25 in Part C of Environmental Permit No. EP-249/2006 to Conditions 2.20 to 2.26 in Part C of Environmental Permit No. EP-249/2006/A.

  EP-249/2006, C 2.19 2.25 EP-249/2006/A, C 2.202.26 件。

 

23 October 2006

20061023

 

VEP-326/2010

 

15 October 2010

20101015

Vary the Conditions 1.7 and 3.1 in Part C of Environmental Permit EP-249/2006A.

更改環境許可證編號 EP-249/2006A C1.7項及第3.1項的條件。

 

Add new conditions numbered as Condition 2.27 to 2.31 in Part C of Environmental Permit No. EP-249/2006/B.

在環境許可證編號 EP-249/2006/B C加入新的條件。新的條件編號為第2.27 2.31項。

 

Amend Figure 8.

更改 8

3 November 2010

2010113

VEP-421/2013

 

8 November 2013

2013118

Vary the Condition 2.19 in Part C of Environmental Permit EP-249/2006/B and add Condition 2.18(d) in Part C of Environmental Permit EP-249/2006/C.

更改環境許可證編號 EP-249/2006/B C2.19項的條件及在環境許可證編號 EP-249/2006/C加入新的條件第2.18(d)項。

 

Vary Figure 6

更改6

 

Add Table 1

附加表1

 

2 December 2013

2013122

VEP-438/2014

 

3 June 2014

201463

 

Add new conditions numbered as Condition 2.25  to 2.33 and renumber the conditions thereafter in Part C of Environmental Permit No. EP-249/2006/C.

在環境許可證編號 EP-249/2006/C C加入新的條件編號為第2.25 2.33項及將其後的條件重新編號

 

Vary Figures 1 to 5 and 7

更改 15 7

 

Add Figures 8 and 9, and Tables 2 and 3.

附加8 9及表23

Renumber the Figure 8 as Figure 10.

8重新編號10

2 July 2014

201472

 

 

 

 

  2 July 2014

 

 

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 (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

 

Repositioning and Long Term Operation Plan of Ocean Park

(This designated project is hereafter referred to as “the Project”)

海洋公園之重新定位及長遠營運計劃(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 a theme park with a site area of more than 20 ha in size.

此工程項目會涉及場地面積超過20公頃的主題公園。

Location of Designated Project

指定工程項目的地點

 

Existing site of Ocean Park and Nam Long Shan, Aberdeen.

香港仔海洋公園的現址及南塱山。

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

工程項目的地點展示於本許可證1內。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

Expansion of the existing Ocean Park and reconstruction/ modification of its existing facilities.

擴建現有的海洋公園及重建/ 改建其現有設施。

 

 

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), Waste Disposal Ordinance (Cap. 354), Dangerous Goods Ordinance (Cap. 295), Antiquities and Monuments Ordinance (Cap. 53) and Entertainment Special Effects Ordinance (Cap. 560).  This Permit does not of itself constitute any ground of defence 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 the 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 the 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.

 

1.7       The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-101/2006), the application documents for environmental permits, other relevant documents in the Register; and the information and 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 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 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 1.3 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 2 weeks 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.

1.14    The Permit Holder shall notify the Director in writing the commencement dates of operation of different phases of the Project no later than one month prior to the commencement of operation of each phase of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the operation.

 

2         Specific Conditions

 

Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

2.1       An ET shall be established by the Permit Holder no later than 2 weeks before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the 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 requirements as contained in the EM&A Manual (Register No. AEIAR-101/2006) of the Project.  In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-101/2006) or this Permit. The ET Leader shall notify the Independent Environmental Checker (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 (Register No. AEIAR-101/2006) or 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 the Permit liable to suspension, cancellation or variation.

 

2.2       An IEC shall be employed by the Permit Holder no later than 2 weeks 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 (Register No. AEIAR-101/2006) of the Project and shall audit the overall EM&A programme, 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 (Register No.AEIAR-101/2006) or 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 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.

 

2.3       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.

 

2.4       The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of the construction programme showing the commencement and completion dates of major items of construction works and the relevant mitigation measures to be implemented. The construction programme shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report (Register No. AEIAR-101/2006). The Permit Holder shall inform the Director accordingly in writing in case of any subsequent changes of items contained in this submitted construction programme.

 

 

Construction Stage

 

Measures for Mitigating Land Contamination

 

Citybus Depot (CBD) Site

 

2.5       Soils contaminated with Total Petroleum Hydrocarbon (TPH) in excess of the Dutch B level of 1,000mg/kg within the CBD site (as shown in Figure 2) shall be disposed of at a Government landfill to be agreed by the Director. The Permit Holder shall, no later than one month after completion of soil disposal at the landfill, issue a written notice to the Director to confirm satisfactory completion of such disposal. The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report before issuance. No construction work shall commence on the CBD site until the written notice is received by the Director.

 

2.6       Unless the Permit Holder follows Condition 2.7 regarding alternative soil remediation method(s), soils contaminated with heavy metals, containing arsenic and tin exceeding the Dutch B levels of 30mg/kg and 50mg/kg respectively, within the CBD site (as shown in Figure 2) shall be treated by mixing with cement. At least 1 sample shall be taken from every 100m3 of solidified soils for the Toxicity Characteristic Leaching Procedure (TCLP) test. After the solidified soil samples has passed the TCLP test (with an acceptance criterion of not exceeding 5mg/L for Arsenic), the solidified soils represented by these samples shall be backfilled within the original site boundary and to a level that will allow no less than 1m of clean fill between the remediated soil and the future land use. The Permit Holder shall issue a written notice to the Director to confirm the satisfactory completion of the solidification treatment within one week of passing the TCLP tests. The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report before issuance. No soil shall be backfilled until such written notice is received by the Director. These test results shall be reported in the monthly EM&A report.

 

2.7       If alternative remediation method(s) for soils contaminated with heavy metals is/are to be proposed, the Permit Holder shall:

 

(a)               no later than one month before commencement of any soil remediation on the CBD site, submit a Remediation Action Plan (RAP), with four hard copies and one electronic copy, to the Director for approval.  The RAP shall contain a contamination plan (in the scale of 1:1000 or other appropriate scale) delineating areas with different types of contamination and the types of soil remedial treatments required, based on the information in the Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) contained in the approved EIA report, and any other relevant information to support the proposal.  Before submission to the Director, the RAP shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report;

(b)               implement all recommended measures fully and properly in accordance with the approved RAP.  The alternative soil remediation method(s) shall only be implemented subsequent to the Director’s approval; and

(c)               no later than one month after completion of the soil remediation on the CBD site, issue a written notice to the Director to confirm satisfactory completion of the soil remediation works.  The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report and the approved RAP before issuance. No construction work other than those for the remediation of the site shall commence within the CBD site until the written notice is received by the Director.

 

2.8       The Permit Holder shall, no later than one month after completion of soil remediation on the CBD site as required under Conditions 2.5, 2.6 and 2.7, whichever appropriate, deposit with the Director four hard copies and one electronic copy of as-built remediation plan (in the scale of 1:1000 or other appropriate scale) showing the locations and types of contamination and soil remedial treatments carried out.  Such a plan shall be certified by the ET Leader and verified by the IEC to demonstrate that Conditions 2.5, 2.6 and 2.7, whichever appropriate, are fulfilled; and

 

2.9       The Permit Holder shall collect duplicate samples of the treated soil for parallel testing by another qualified laboratory if requested by the Director.

 

Hong Kong School of Motoring (HKSM) Site

 

2.10    Prior to the commencement of any works within the HKSM site as shown in Figure 2, the Permit Holder shall deposit with the Director information confirming that land contamination remediation work within the HKSM site has been completed.

 

2.11    In the event that Condition 2.10 cannot be met, the Permit Holder shall fence off the entire HKSM site to restrict public access. Access to the fenced-off area shall only be allowed for works relating to the remediation of the site. The Permit Holder shall identify the potential contaminated area within the HKSM site and adjust the fenced-off area to isolate the area of contamination. The Permit Holder shall:

 

(a)                 no later than one month before commencement of any soil remediation on the HKSM site, submit a CAR, with four hard copies and one electronic copy, to the Director for approval.  The CAR shall present findings of land contamination assessment, based on the information in the CAP contained in the approved EIA report. Before submission to the Director, the CAR shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report;

(b)                 no later than one month before commencement of any soil remediation on the HKSM site, submit a RAP, with four hard copies and one electronic copy, to the Director for approval.  The RAP shall contain a contamination plan (in the scale of 1:1000 or other appropriate scale) clearly delineating areas with different types of contamination, the types of soil remedial treatments required and any changes to the fenced-off area. Before submission to the Director, the RAP shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report. All recommended measures shall be fully and properly implemented in accordance with the approved RAP. No remediation works shall be carried out without the Director’s approval of the RAP;

(c)                 no later than one month after completion of soil remediation on the HKSM site, deposit with the Director four hard copies and one electronic copy of as-built remediation plan (in the scale of 1:1000 or other appropriate scale) showing the locations and types of contamination and soil remedial treatments carried out. Such a plan shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.11(b) is fulfilled;

(d)                 no later than one month after completion of soil remediation on the HKSM site, issue a written notice to the Director to confirm satisfactory completion of soil remediation works.  The written notice shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report before issuance. No construction work other than those for the remediation of the site shall commence on the fenced off area within the HKSM site until the written notice is received by the Director; and

(e)                 collect duplicate samples of the treated soil for parallel testing by another qualified laboratory if requested by the Director.

 

 

Measures for Mitigating Water Quality Impacts/Impacts on Corals

 

2.12    To avoid impacts on coral communities in the marine water around the Nam Long Shan headland, the Permit Holder shall divert construction phase discharges from excavation works at Summit area to an existing 1000mm diameter storm water pipe outlet at Tai Shue Wan as shown in Figure 3.

 

2.13    To improve the coagulation and sedimentation process for construction phase discharges from excavation works at Summit area, the Permit Holder shall provide sand/silt removal facilities, including sand/silt traps and sediment basins, with the use of flocculants. The Permit Holder shall, at least one month before commencement of the site clearance works at Summit area, deposit with the Director four hard copies and one electronic copy of a drainage proposal showing locations of sand/silt removal facilities, dosage of flocculants to be employed, and details of monitoring flocculants performance.  Before submission to the Director, the proposal shall be certified by the ET Leader and the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report.  All measures recommended in the deposited proposal shall be fully and properly implemented.

 

2.14    To minimize the water quality impacts on the marine environment during rainy seasons, the Permit Holder shall properly design and install a silt curtain system to enclose the existing 1000mm diameter storm water pipe outlet at Tai Shue Wan as shown in Figure 3. The Permit Holder shall, no later than one month before commencement of site clearance works at Summit, deposit with the Director four hard copies and one electronic copy of the silt curtain proposal showing:

 

(a)    design details;

(b)    location and alignment of the silt curtain system;

(c)    inspection requirements to check the proper installation and functioning of the silt curtain system; and

(d)    rectification requirements in case of any malfunctioning of the system.

 

Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.  All measures recommended in the deposited proposal shall be fully and properly implemented.

 

Measures for Mitigation of Ecological Impacts

 

2.15    To conserve the marine ecological resources in the vicinity of the project area, no marine-based construction works shall be allowed for this Project.

 

2.16    To compensate for the loss of 4.8ha of tall shrubland habitat during construction of the Project, the Permit Holder shall enhance the ecological value of 6ha of existing low shrubland area by providing tall native shrubs at the location as shown in Figure 4. The Permit Holder shall, at least one month before commencement of the landscape works of the Project, deposit with the Director four hard copies and one electronic copy of the compensatory proposal. The compensatory proposal shall include:

 

(a)    the locations, size, number and species of plantings;

(b)    design details;

(c)    implementation programme;

(d)    maintenance and management schedules; and

(e)    drawings in the scale of 1:1000 or other appropriate scale showing the locations of these compensatory plants.

 

Before submission to the Director, the compensatory proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report. All recommended measures shall be fully and properly implemented in accordance with the details and time schedules as set out in the deposited proposal.

 

2.17    The Permit Holder shall restrict the commencement of site clearance works in the Summit area (as shown in Figure 1) outside of the breeding season of Black Kites that lasts from October to May of the next year. This is to avoid nesting activities of Black Kites at locations where site clearance for the Project will be carried out.

 

2.18    To compensate for the loss of roosting site for freshwater birds due to the filling of Pond 37 (as shown in Figure 5) at the Waterfront area, the Permit Holder shall:

 

(a)                complete the enhancement works for Pond 35 (as shown in Figure 5) in accordance with Condition 2.18 (b) below prior to the commencement of construction works at Pond 37;

(b)                enhance the roosting habitat for freshwater birds by enlarging Pond 35 and its surrounds with a total area of no less than 120 square meters, planting appropriate vegetation and providing foraging area as recommended in the Application for Variation of Environmental Permit (Application No. VEP-223/2006);

(c)                no later than one month after completion of enhancement works of Pond 35, deposit with the Director four hard copies and one electronic copy of as-built drawing(s) showing the enhancement works carried out under Condition 2.18(b). This set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.18(b) is fulfilled; and

(d)                not carry out construction works nor discharge wastewater from the construction site(s) within the enhanced Pond 35 (as shown in Figure 5).

 

2.19    To minimize disturbance to the roosting site for freshwater birds at the Tai Shue Wan area, the Permit Holder shall:

 

(a)                demolish only those above ground buildings and structures as shown in Figure 6;

(b)                follow the demolition works schedule as shown in Table 1, unless with prior written approval from the Director, and shall complete all demolition works at Tai Shue Wan area well before the wintering season, i.e. 31st August of the same year;

(c)                carry out the demolition works at Tai Shue Wan area between the time period from 0800 to 1800 hours of the same day inclusively;

(d)                not disturb the existing freshwater ponds and streams at Tai Shue Wan during the demolition works; and

(e)                not carry out any other site formation, slope work, excavation work, underground work, foundation work, removal of existing concrete pavement or work at existing exposed soil surfaces at the Tai Shue Wan area as shown in Figure 6.

 

2.20    To reduce the impact to uncommon plant species as shown in Appendix 1 due to the construction of the Project, transplantation of the species shall be carried out, if identified. The Permit Holder shall transplant these uncommon plant species to other locations. The Permit Holder shall:

 

(a)        no later than three weeks before commencement of tree transplantation, deposit with the Director four hard copies and one electronic copy of transplantation proposal showing:

 

                                                     i.                types and locations of plants identified and therefore to be transplanted;

                                                   ii.                locations of sites for transplantation;

                                                  iii.                methodology and implementation programme of transplantation; and

                                                 iv.                post-transplantation monitoring.

 

Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report. All recommended measures shall be fully and properly implemented in accordance with the details and time schedules as set out in the deposited proposal; and

 

(b)                no later than two weeks after completion of tree transplantation, deposit with the Director four hard copies and one electronic copy of detailed compensatory planting as-built drawing(s) showing the final locations of tree plantings to demonstrate compliance with the transplantation proposal under Condition 2.20(a). This final set of as-built submission(s) shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.20(a) is fulfilled.

 

 

Measures for Managing Wastes and Submission of Waste Management Plan

 

2.21    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 a Waste Management Plan (WMP) for the site formation works for the Summit area and tunnelling works for the funicular system (as shown in Figure 1) which generates majority of the construction and demolition (C&D) materials for the Project. The WMP shall describe:

 

(a)                the arrangements and routing for transferring C&D materials using a conveyor belt system from the Summit area to the barging point at the Tai Shue Wan seafront;

(b)                the layouts of the conveyor belt system and barging point;

(c)                the recommended pollution control/waste reduction measures on waste management in the approved EIA report, including enclosures and water sprays;

(d)                arrangements and locations for storage, collection, treatment and disposal of C&D materials; and

(e)                the estimated rate of C&D materials generation and disposal.

 

Before submission, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report. All measures recommended in the WMP shall be fully and properly implemented throughout the construction period.

 

Measures for Mitigating Impact on Cultural Heritage

 

2.22    To preserve the grave G1 as shown in Figure 7, no works shall be allowed within one metre from the vicinity of such grave.

 

 

Operation Stage

 

Measures for Mitigating Noise Impact

 

Open-air venue in the Aqua City

2.23    The lagoon show at the open-air venue in the Aqua City (as shown in Figure 8) shall meet the following noise requirements:

 

(a)          the total sound power level of all loudspeaker clusters shall not exceed 109dB(A); and

(b)          the sound pressure level at 9m away from each loudspeaker cluster shall not exceed 75dB(A).

 

2.24    The Permit Holder shall, at least one month before the first open-air lagoon show in the Aqua City, deposit with the Director four hard copies and one electronic copy of a noise review study based on the detailed design of fixed plant and noise impacts from the open-air lagoon show in the Aqua City.  The study shall at least include: 

 

(a)                 locations and orientations of loud speakers;

(b)                 sound power levels of loud speakers;

(c)                 predicted noise levels; and

(d)                 analysis of predictions against the requirements stipulated in the EIA-TM and Condition 2.23.

 

Before submission to the Director, the study shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report and the requirements in Condition 2.23. All measures recommended in the deposited study shall be fully and properly implemented.

 

Noise Mitigation and Audit for the operation of the Project

2.25    To ensure the effectiveness of measures for mitigating noise impacts from the noise sources, including but not limited to those listed in Tables 2 and 3 and as shown in Figures 8 and 9, the Permit Holder shall deposit with the Director four hard copies and one electronic copy of Noise Mitigation and Audit Plan(s) (NMAP), no later than two weeks before the noise measurement and audit works  are carried out for each of the following:-

 

(i)          opening hours of the Project from 0900 – 2300 of the same day as referred to in Condition 2.27.

(ii)        opening hours of the Project outside 0900 – 2300 as referred to in Condition 2.28.

(iii)       operation of the facilities and venues for special events as referred to in Conditions 2.29 to 2.31.

 

Each of the NMAPs shall at least include information on:

 

(a)        a list of fixed plant noise sources and entertainment activities generating noise as referred to in Conditions 2.27 to 2.31 and the locations of those noise sources and activities;

(b)        measurement locations of the noise sources;

(c)        noise monitoring equipment and calibration documents;

(d)        measurement methodology and parameters based on standard acoustical principles and practices;

(e)        noise mitigation measures put in place, including acoustic treatments and centralized control system on switching off the air-conditioning units;

(f)         maximum allowable sound pressure levels at specified distance(s) from the noise sources; and

(g)        noise monitoring proposal for the operation of the indoor performance venue in the Waterfront area and the temporary indoor attraction facilities during night time special events.

 

Before submission to the Director, the above NMAP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the VEP application Document (VEP-438/2014).

 

2.26    The Permit Holder shall, no later than two weeks after the completion of noise measurement and audit works carried out according to the NMAP deposited under Condition 2.25, submit to the Director for approval four hard copies and one electronic copy of the Noise Mitigation and Audit Report (NMAR).  The NMAR shall demonstrate that the design and performance of noise mitigation measures implemented for opening hours as specified in Conditions 2.27, 2.28 and the operation of facilities or venues referred to in Conditions 2.29, 2.30 or 2.31 complies with the maximum sound power levels determined in the VEP application document (VEP-438/2014).  All measures implemented according to NMAP(s) deposited under Condition 2.25 shall be properly operated and maintained during the operation of the Project.

 

Before submission to the Director, the NMAR shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the VEP application Document (VEP-438/2014).

 

Operation of the Project from 0900 to 2300 hours of the same day

2.27    The Permit Holder shall not extend the normal opening hours of the Project from 1000 - 2200 hours daily to 0900 - 2300 hours daily until the relevant NMAR has been approved by the Director under Condition 2.26.  If there are changes proposed to the design and/or performance of noise mitigation measures implemented in accordance with the relevant approved NMAR, the Permit Holder shall, prior to implementing any such changes, deposit with the Director an updated NMAP and submit an updated NMAR for approval according to the requirements as set out in Conditions 2.25 and 2.26 above.  No change to the design and/or performance of noise mitigation measures shall be allowed prior to the approval of the updated NMAR.

 

Operation of the Project outside 2300 to 0900 hours of the following day

2.28    The Permit Holder shall not further extend the opening hours of the Project from 2300 to 0100 hour of the following day for night time special events (including but not limited to Halloween) and the opening hours of restaurants and retail shops for the additional hours from 0800 to 0900 of the same day and from 2300 to 0200 of the following day until the relevant NMAR has been approved by the Director under Condition 2.26.  If there are changes to the design and/or noise mitigation measures implemented in accordance with the relevant approved NMAR, the Permit Holder shall, prior to implementing any such changes, deposit with the Director an updated NMAP and submit an updated NMAR for approval according to the requirements as set out in Conditions 2.25 and 2.26 above.  No change to the design and/or performance of noise mitigation measures shall be allowed prior to the approval of the updated NMAR.

 

Operation of open-air show at Summit area during special events

2.29    For the operation of the open-air show at the Summit area, the Permit Holder:

 

(a)           shall not operate the open-air show at Summit area until the relevant NMAR has been approved by the Director under Condition 2.26.

(b)           shall only operate the open-air show at Summit area from 0900 to 2300 hours of the same day.

 

If there are any changes proposed to the open-air show, such as the location of the show and the maximum allowable sound pressure level as measured at a position specified in the relevant approved NMAR, the Permit Holder shall, prior to implementing any such changes, deposit with the Director an updated NMAP and submit an updated NMAR for approval according to the requirements as set out in Conditions 2.25 and 2.26 above.  No change to location and/or maximum allowable sound pressure level shall be allowed prior to the approval of the updated NMAR.

 

Operation of the temporary indoor attraction facilities during special events

2.30    For the operation of the temporary indoor attraction facilities from 0900 to 0100 hours of the following day, the Permit Holder:

 

(a)           shall not operate the temporary indoor attraction facilities until the NMAR has been approved by the Director under Condition 2.26.

(b)           shall place the temporary indoor attraction facilities at the Waterfront area with a minimum setback distance of 110m from the nearside roadkerb of Wong Chuk Hang Road (as shown in Figure 9).

(c)           shall not operate the temporary indoor attractions facilities from 0100 to 0900 hours of the same day.

 

If there are any changes proposed to the temporary indoor attraction facilities, such as the number of facilities and the maximum sound pressure levels of each in accordance with the relevant approved NMAR, the Permit Holder shall, prior to implementing any such changes, deposit with the Director an updated NMAP and submit an updated NMAR for approval according to the requirements as set out in Conditions 2.25 and 2.26 above.  No change to maximum number of temporary indoor attraction facilities and/or maximum sound pressure level of each such facility at the Waterfront and Summit areas shall be allowed prior to the approval of the updated NMAR.

 

Operation of performance venue at Waterfront area during special events

2.31    For the operation of the performances inside the Sky Fair Plaza Performance Venue (the Venue) from 0900 to 0100 hours of the following day, the Permit Holder:

 

(a)           shall adopt fully enclosed structure for the Venue with acoustic insulation, including the adoption of two layers of door/acoustic curtain at the entrance for entry/exit of visitors and/or crews during shows to avoid noise leakage from the Venue.

(b)           shall not operate the Venue until the NMAR has been approved by the Director under Condition 2.26.

(c)           shall not operate the Venue from 0100 to 0900 hours of the same day.

If there are any changes proposed to the Venue, such as the acoustic design of the Venue and the maximum allowable sound pressure level as measured at a position specified in the approved NMAR, the Permit Holder shall, prior to implementing any such changes, deposit with the Director an updated NMAP and submit an updated NMAR for approval according to the requirements as set out in Conditions 2.25 and 2.26 above.  No change to the acoustic design of the Venue and/or maximum allowable sound pressure level shall be allowed prior to the approval of the updated NMAR.

 

Operation of overnight charity, education, conservation or community events

2.32    For the overnight charity, education, conservation or community events from 2300 to 0900 hours of the following day, the Permit Holder shall not operate outdoor activities, any amusement rides and public address systems within the Waterfront and Summit areas except the operation of noise sources as permitted under Conditions 2.29, 2.30 and 2.31 above.

 

Visitors leaving or entering between 2300 and 0900 on the following day

2.33    To minimize the noise disturbance to the nearby sensitive receivers, the Permit Holder shall ensure that all visitors shall enter/leave the Project area through the main entrance, i.e. northern gate, during night time special events from 2300 to 0900 of the following day.

 

Measures for Mitigating Glare Impact

 

2.34    The Permit Holder shall, at least one month before the commencement of the first lagoon show at an open-air venue in the Aqua City (as shown in Figure 10) and any outdoor activity within the Waterfront area (as shown in Figure 1), deposit with the Director four hard copies and one electronic copy of a detailed design of night time functional and thematic lighting. The design shall take into account the possible light pollution and night-time glare and shall at least describe:

 

(a)                 the mounting height and direction of light fixtures;

 

(b)                 the lighting schedule, including power, number and types of lighting;

 

(c)                 the monitoring programme;

 

(d)                 maintenance requirements; and

 

(e)                 measures for avoiding/minimizing possible light pollution and negative glare impacts on nearby sensitive receivers.

 

Before submission to the Director, the design shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.  All measures recommended in the deposited design shall be fully and properly implemented.

 

2.35    The Permit Holder shall employ a specialist with training and practical experience in outdoor sport lighting and illumination to design, manage and oversee the implementation and maintenance of the illumination requirements and system for the Project. The specialist shall also undertake any necessary mitigation measures to control possible glare and uncomfortable eye feeling brought on by the outdoor lights and illumination system of the Project.

 

Measures for Mitigating Air Quality Impact

 

2.36    The Permit Holder shall not carry out any Pyrotechnic Special Effects Material (PSEM) displays as part of the open-air lagoon show in Aqua City (as shown in Figure 10) until trial PSEM displays and air quality monitoring have been satisfactorily carried out according to Condition 2.38 and until Condition 2.39 have been complied with.

 

2.37    PSEM that contains any chromium, lead, mercury, arsenic, manganese, nickel or zinc shall not be used for any display in the open-air lagoon show in the Aqua City. If requested by the Director, the Permit Holder shall provide samples of the PSEM within one week upon receipt of such request for parallel testing by a qualified laboratory.

 

2.38    The Permit Holder shall, no later than one week before the trial PSEM displays, deposit with the Director four hard copies and one electronic copy of an air quality sampling plan. The sampling plan shall include:

 

(a)                drawings in the scale of 1:1000 or other appropriate scale as agreed by the Director showing the locations and sampling height of the air quality monitoring stations;

 

(b)                monitoring methodology and measurement parameters for respirable suspended particulates (RSP), hydrogen sulphide, dioxins, copper and other relevant chemical compositions of the PSEM;

 

(c)                monitoring periods and frequency before and during the trial displays; and

 

(d)                a contingency plan for remedial actions, such as reduction in scale and/or frequency of the PSEM displays, adjustment to the content and/or design of the PSEM, etc., as well as proposal for additional trial PSEM displays and associated air quality monitoring. This contingency plan shall be implemented in the event that the air quality sampling results during the trial PSEM displays show exceedance in any of the air quality criteria monitored.

 

The monitoring results of the trial PSEM displays shall be submitted to the Director within 2 weeks after the trial PSEM displays. Before submission to the Director, the above submissions shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the VEP Application Document (VEP-326/2010).

 

2.39    The PSEM displays as part of the open-air lagoon show in Aqua City shall be designed and operated in accordance with the VEP Application Document (VEP-326/2010). If there are any changes proposed to the PSEM displays, such as scale, frequency and/or design of the PSEM display including the chemical content, launch location and launch height of PSEM, the Permit Holder shall, prior to implementing any such changes, deposit with the Director an air quality sampling plan and carry out air samplings according to the requirements as set out in Condition 2.38 above.

 

2.40    The Permit Holder shall, no later than 2 weeks before operation of PSEM displays as part of the open-air lagoon show in Aqua City, deposit with the Director four hard copies and one electronic copy of a monitoring programme as part of an updated EM&A Manual for the measurement of RSP during the first operational year of the open-air lagoon show. The monitoring programme shall include an Event and Action Plan with proposed Event and Action Limit Levels. The monitoring results shall be reported in the monthly EM&A report as required in Condition 3.1.

 

3            Environmental Monitoring and Audit (EM&A) Requirements

3.1       The EM&A programme of the Project, including the monitoring for noise, air quality and ecology during the construction stage, the monitoring of ecology after completion of construction activities and the monitoring for noise and air quality at the operation stage, shall be implemented in accordance with the procedures and requirements as set out in the updated EM&A Manual of the Project and submitted under Condition 2.38 above. The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.4. Changes to the EM&A requirements or programme and termination of the programme shall need justification by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the updated EM&A Manual and submitted under Condition 2.38 above; 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 monitoring; 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 logging and keeping records of details of all parameters within 3 working days of the 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; and

(c)               conducting post-construction ecological monitoring and carrying out actions described in the contingency plan of the EM&A Manual.

 

3.3       Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one week 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 and operation stages 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.

 

3.6       Any necessary remedial measures and actions as described in the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the EM&A Manual, or as agreed by the Director.

 

3.7       To ensure a high degree of transparency regarding the monitoring results, all EM&A data and all submissions required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

 

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.

 

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 (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 Environmental Impact Assessment Ordinance (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 Project site by the amended permit.

 

4.         A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the 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 Project site.

 

6.         If this Permit is cancelled or surrendered during construction of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26 (1) of the Ordinance to construct a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.

 

7.         Any person who constructs the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable:

 

(i)                  on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

 

(ii)                on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

 

(iii)               on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

 

(iv)              on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

 

(v)                in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.

 

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.

 

 

 

Figure 1 | Figure 2 | Figure 3 | Figure 4 |Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9 |Figure 10 |


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Table 1

 

 

 

Table 1   Demolition works schedule at the Tai Shue Wan area

 

Demolition Phase

ID [1]

Name of Building

Programme

Phase 1

4

Coach Driver Toilet

1 Jan 15 Feb 2014 inclusively

3

Entrance Pai-Lau

1 Feb 15 Mar 2014 inclusively

10

Bird Theatre BOH Building

1 Feb 15 Mar 2014 inclusively

12

Switch room

1 Feb 15 Mar 2014 inclusively

Phase 2

13

Mini Aviary

16 Mar 15 Apr 2014 inclusively

14

The Aviary

16Mar 15 Apr 2014 inclusively

Phase 3

7

First Aid Building

16 Mar 30 Apr 2014 inclusively

8

Guest Toilets

16 Mar 30 Apr 2014 inclusively

9

Small Bird Cage

16 Mar 30 Apr 2014 inclusively

11

Flamingo Cages

1 Apr 30 Apr 2014 inclusively

Phase 4

1

Middle Kingdom Restaurant

1 May 30 Jun 2014 inclusively

2

Exit Building

1 Jun 30 Jun 2014 inclusively

 

Note:

[1]    The location of the buildings and structures shall refer to Figure 6

 


Table 2

 

Table 2    Noise Mitigation Measures to be implemented for the following fixed plant operating between 0900 and 2300 hours (refers to EP Conditions 2.25, 2.26 & 2.27)

 

 

1.      PA system at Aqua City (WF05)[1]

2.      Split-type A/C unit at Coral Building(WF06)

3.      Split-type A/C unit at Administration Building (WF17)

4.      AC Plant at East Retail (WF20)

5.      AC plant at Old Hong Kong (WF23)

6.      AC plant at Panda Café (WF24)

7.      Cooling Tower at The Grand Aquarium (WF26)

8.      Compressors Cluster at West Retail (WF27)

9.      Fan Room at West Retail (WF30)

10.  Ventilation Fan at Panda Café (WF35)

11.  Chiller at Giant Panda Adventure (WF29)

(based on Table 1 of Annex C13 of the VEP application 438/2014)

Note:

[1] The location of the fixed plant shall refer to Figure 9

 

 

 

Table 3

 

Table 3 Noise Mitigation Measures to be implemented for the following fixed plant operating between 2300 – 0100 hours on the following day, 0800 – 0900 hour and 0100 – 0200 hour (refers to EP Conditions 2.25, 2.26, 2.28 and 2.30)

 

1.      Sea Life Carousel (LNR7) [1]

2.      PA system at Entry Plaza (WF04)

3.      PA system at Aqua City (WF05)

4.      Split-type A/C unit at Coral Building (WF06)

5.      Split-type A/C unit at West Retail (WF08)

6.      Split-type A/C unit at Administration Building (WF17)

7.      A/C plant at West Retail at Entry Plaza (WF19)

8.      A/C plant at East Retail (WF20)

9.      A/C plant at Old Hong Kong (WF23)

10.  A/C plant at Panda Café (WF24)

11.  Cooling Tower at The Grand Aquarium (WF26)

12.  Compressors Cluster at West Retail (WF27)

13.  Fan Room at West Retail (WF30)

14.  Ventilation Fan at West Retail (WF32)

15.  Ventilation Fan at Panda Café (WF35)

16.  Chiller at Giant Panda Adventure (WF29)

17.  Temporary Indoor Attractions at Waterfront and Summit

 

 

 

 

 

 


Appendix 1

 

List of Uncommon Plant Species identified in the approved EIA  report  (Register No. AEIAR-101/2006):

 

(a) Long Tentacle Orchid

(b) Sword-leaved Orchid

(c) Green-flowered Rattlesnake-Plantain

(e) Balloon Flower

(f) Chinese Lily