Environmental Permit No. EP-225/2005

環境許可證編號  EP-225/2005

 

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 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 Hong Kong Resort Company Limited (hereinafter referred to as the "Permit Holder") to construct and 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》(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香港興業有限公司(下稱”許可證持有人”)，以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：

 

Application No.

申請書編號

AEP-225/2005

Document in the Register :

登記冊上的文件:

 

1.        Project Profile –

“Proposed Debris Resisting Barriers at Area N1 North, Discovery Bay, Lantau Island” (Register No.: PP-250/2005)

 

工程項目簡介 ―

      “大嶼山愉景灣北N1區擬建隔泥石屏障”（登記冊編號：PP-250/2005）

 

2.        The Director’s letter of permission to apply directly for environmental permit dated 25 July 2005 referenced Ax(2) to EP2/N9/Q/03

 

環境保護署署長於二○○五年七月二十五日發出准許直接申請環境許可證的信件檔案編號 Ax(2) to EP2/N9/Q/03

 

3.        Application for Environmental Permit submitted by the Permit Holder on 9 August 2005 (Application No. AEP-225/2005)

 

許可證持有人於二○○五年八月九日提交的環境許可證申請（申請書編號：AEP-225/2005）

 

 

 

  6 September 2005

 

 

Date

日期

 

(Simon Y.M. HUI)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

（首席環境保護主任  許一鳴代行）

 

PART B (DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):

下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:

 

Title of Designated Project

指定工程項目的名稱

 

Proposed Debris Resisting Barriers at Area N1 North, Discovery Bay, Lantau Island

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

 

大嶼山愉景灣北N1區擬建隔泥石屏障（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 involves the construction and operation of two debris resisting barriers within a conservation area

 

工程項目包括在自然保育區內建造及營辦兩道隔泥石屏障

 

 

Location of Designated Project

指定工程項目的地點

 

 

Area N1 North, Discovery Bay, Lantau Island

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

 

大嶼山愉景灣北N1區

工程項目的地點展示於本許可證圖1內

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The total area of the two Debris Resisting Barriers is approximately 2,600m2. The two Barriers comprise:

-          concrete side walls, from 4.7m to 12.7m high;

-          a flat concrete base, 25m x 23m;

-          a small guiding inlet channel;

-          connection to a small outlet cascade channel;

-          access stairways; and

-          mitigation measures such as planter boxes

 

兩道隔泥石屏障覆蓋面積近2,600平方米。兩道屏障包括：

-          混凝土側壁，4.7米至12.7米高；

-          一塊平坦的混凝土地基，25米 x 23米；

-          一條細小的入水渠；

-          連接一條細小的出水小瀑布流；

-          通道樓梯；及

-          緩解措施，例如：種植槽。

 

 

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), 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 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 authorised 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 refers to site 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 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 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 recommendations described in the Project Profile (Register No. PP-250/2005), other relevant documents in the Register, and the information and mitigation measures described in this PermitWhere 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 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 preparations, or other works as agreed by the Director.

 

2.         Specific Conditions

 

2.1               To minimize ecological impact on the conservation area, no construction works of the Project shall be carried out outside the works boundary as shown in Figure 2.

 

2.2               To mitigate construction noise, no rock breaking activity for the Project shall be allowed when powered mechanical equipment (PME) activities are being carried out for the construction of Siena Three or site formation works at Area N1 North, Discovery Bay.

 

2.3               To mitigate the landscape and visual impacts, the mitigation measures as shown in Figure 3 shall be fully implemented.

 

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 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 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:

 

(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.

 

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