Environmental Permit No. EP-195/2004
環境許可證編號 EP-195/2004
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 10
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO
OPERATE A DESIGNATED PROJECT
營辦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
(the Ordinance), the Director of Environmental Protection (the Director) grants
this environmental permit to the Drainage
Services Department (hereinafter referred as the "Permit Holder")
to operate 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(本條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予渠務署(許可證持有人)以營辦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-195/2004 |
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Document in the Register: 登記冊上的文件： |
(1)
Main Drainage Channels
for Ngau Tam Mei, Yuen Long and Kam Tin: Environmental Impact Assessment and
Environmental Schedule (Register No. EIA─ 089/BC) [Hereafter referred to as
"the EIA report"] (1)
牛潭尾、元朗及錦田主要排水道：環境影響評估及環境計劃(登記冊編號. EIA─ 089/BC)
[下稱"環評報告"] (2)
Environmental Permit
issued - Permit No.: EP-012/1998 issued on 17 December 1998 (2)
已發出的環境許可證-於1998年12月17日發出編號EP-012/1998的許可證
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(3)
Application for
Variation of an Environmental Permit on 15 June 1999 (Application No.
VEP-005/1999) (3)
於1999年6月15日提交之更改環境許可證申請文件(申請書編號VEP-005/1999) (4)
Environmental Permit
issued - Permit No.: VEP-005/1999/A/EP-012 issued on 13 July 1999 (4)
已發出的環境許可證-於1999年7月13日發出編號VEP-005/1999/A/EP-012的許可證 (5) Application
for Environmental Permit submitted on 3 August 2004 (Application No.
AEP-195/2004) (5)
許可證持有人於2004年8月3日提交的許可証申請文件(申請書編號AEP-195/2004) |
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Date 日期 |
(Elvis W.K. AU) Assistant Director of
Environmental Protection (Environmental Assessment
and Noise) for Director of
Environmental Protection 環境保護署署長 (助 理 署 長 (環 境 評 估 及 噪 音) 區偉光 代 行) |
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PART B (DESCRIPTIONS 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:
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Title of Designated Project 指定工程項目的名稱 |
Main Drainage Channels for Yuen Long and Kam Tin,
Remainder , Phase 1 (Kam Tin Road to Tai Kek Section)
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Nature of
Designated Project |
Operation of a drainage
works |
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Location of Designated Project 指定工程項目的地點 |
Kam Tin |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Operation of a main drainage channel from Kam Tin Road to Tai Kek
營辦連接錦田公路至大的主要排水道 |
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 (EIAO) (Cap. 499) and
may become the subject of appropriate action being taken under the Ordinance.
1.2
The Permit Holder shall ensure full compliance
with all legislation from time to time in force including, without limitation
to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance
(Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea
Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit
does not of itself constitute any ground of defence against any proceedings
instituted under any legislation or imply any approval under any legislation.
1.3
The Permit Holder shall give a copy of this Permit
to the person(s) in charge of the site 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 operation of the Project
and shall mean the same hereafter.
1.4
The Permit Holder shall operate the Project in
accordance with the project descriptions in Part B
of this Permit.
1.5
The Permit Holder shall ensure that the Project
is operated in accordance with the information and recommendations described
in the EIA Report (Register No. EIA-089/BC), other relevant documents in the EIAO Register
Office, the information and mitigation measures described in this Permit,
and mitigation measures to be recommended under on-going surveillance
and monitoring activities during the operation of the Project.
2. Measures
during the Operation Period
2.1
All design or operational measures described in
the submissions approved or deposited under the Environmental Permit No.
VEP-005/1999/A/EP-012 shall be properly maintained.
2.2
The vegetation on the embankment
slopes provided by either grasscrete or hydroseeding or planting with
trees and shrubs shall be properly maintained. Native species shall be
included in the planting list and native shrub seeds shall be added to
the hydroseed mix.
2.3
The Permit Holder shall ensure the measures to
mitigate odour impact associated with the operational maintenance dredging
of the drainage channels are implemented. The measures shall include:
(a)
any odorous permitted
stockpiled material should be placed 100m away from air sensitive receivers;
and
(b)
any odorous permitted
stockpiled material shall be covered with plastic tarpaulin sheets if
left in excess of 2 days.
2.4
The dredged materials arising from the maintenance
dredging shall be disposed of at the
WENT, NENT and SENT Landfill or other location(s) as agreed with the Director.
2.5
The Permit Holder shall submit to the Director
for approval within a month of the operation of the Project a proposal
to monitor the avifauna use of the constructed channel and implement the
approved monitoring proposal.
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 EIAO, and the following notes are for general information only.
2. If there is a breach
of any condition of this Permit, the Director or his authorized officer
may, with the consent of the Secretary for 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 EIAO 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
responsibility for the whole or a part of the Project may, before he assumes
responsibility of the Project, apply under Section 12 of the EIAO to the
Director for a further environmental permit.
5. Under Section 14 of
the EIAO, 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 site.
6. If this Permit is cancelled
or surrendered during operation of the Project, another environmental
permit must be obtained under the EIAO before the Project could be continued.
It is an offence under Section 26(1) of the EIAO to operate a designated
project listed in Part I of Schedule 2 of the EIAO without a valid environmental
permit.
7. Any person who operates
the Project contrary to the conditions in the Permit, and is convicted
of an offence under the EIAO, 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 EIAO
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 EIAO for
details and seek independent legal advice.
Environmental
Permit No. EP-195/2004
環境許可證編號EP-195/2004