Environmental Permit No. EP-191/2004
環境許可證編號 EP-191/2004
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造指定工程項目的環境許可證
A部 (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 this environmental permit to the Civil Engineering and Development Department (hereinafter referred to as the "Permit Holder") to construct the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予土木工程拓展署(下稱”許可證持有人”)，以建造B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-191/2004 |
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Document in the Register : 登記冊上的文件:
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(1) Project Profile – “Stanley Waterfront Improvement Project – Construction of Boardwalk” (Register No.: PP-192/2003)
(1) 工程項目簡介― “赤柱海濱改善工程─建造海濱長廊” （登記冊編號：PP-192/2003）
(2) Application for Environmental Permit submitted on 7 July 2004 (Application No. AEP-191/2004)
(2) 許可證持有人於2004年7月7日提交的許可証申請文件 (申請書編號: AEP-191/2004)
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Director’s Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證 |
Letter Reference: (29) in Ax(1) to EP2/H19/C/126 信件檔號: (29) in Ax(1) to EP2/H19/C/126
Date: 8 August 2003 日期: 2003年8月8 日 |
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Date 日期 |
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(Shirley S. L. LEE) Acting Assistant Director (Environmental Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (署理助理署長(環境評估及噪音) 李韓琇玲 代行) |
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PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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Stanley Waterfront Improvement Project – Construction of Boardwalk (This designated project is hereafter referred to as “the Project”) 赤柱海濱改善工程─建造海濱長廊(本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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A dredging operation which is less than 500m from the nearest boundary of an existing coastal protection area 在一個現有的海濱保護區的最近界線少於500米距離內，進行挖泥作業。
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Location of Designated Project 指定工程項目的地點
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Adjacent to Stanley Main Street
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圖1內。
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Scale and Scope of Designated Project |
The proposed work involves the construction of a vertical seawall with cantilevered boardwalk, which requires dredging of about 1,500m3 rubble from the existing seawall for the foundation of the vertical seawall, and backfilling behind the vertical seawall with the dredged rubble. |
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 Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit and the documents referred to in Part A of 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 of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project 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 Project site(s).
1.6 The Permit Holder shall construct 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 and constructed in accordance with the information and recommendations described in the Project Profile (Register No. PP-192/2003)in the Register, and the information and mitigation measures described in this Permit. 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than two 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.
1.9 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation or other works as agreed by the Director.
2. Specific Conditions
2.1 No dredging of marine mud is allowed.
2.2 To minimize the water quality impact due to backfilling behind the seawall, the placing of backfill material shall only be carried out after the vertical seawall is completed to the level of the high water mark or above.
2.3 To minimize the water quality impact due to the dredging of seawall rubble and backfilling works, silt curtain shall be installed and maintained around the site at location as shown in Figure 1 during the construction period until completion of all the dredging and backfilling works. The bottom of the silt curtain shall reach the seabed and the top of the silt curtain shall be supporting on floating booms to accommodate tidal rise and fall.
2.4 The Permit Holder shall implement the water quality monitoring and audit programme according to the water quality monitoring and audit manual (the Manual) submitted by the Permit Holder to the Director on 16.6.2004. The Manual was submitted and subsequently approved on 5.7.2004 in fulfillment of Condition 2 of the Director’s Permission to Apply Directly for Environmental Permit. An independent Environmental Specialist (ES) shall be employed as required in the Manual. Any changes to the monitoring and audit programme shall be justified by the ES as conforming to the requirements set out in the Manual and the Permit Holder shall seek prior approval from the Director before implementation of the changes.
2.5 To minimize the nuisance to nearby residents and tourists, no construction work shall be carried out at night times and during weekends and public holidays.
2.6 To maintain the sea view along Stanley Main Street during the construction period, site hoarding along the street shall have specially designed openings and/or see-through panels.
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, Transport and Works, 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, Transport and Works, 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.
Environmental Permit No. EP-191/2004
環境許可證編號EP-191/2004