Environmental Permit No. EP-317/2009/A
環境許可證編號 EP-317/2009/A
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第 10及13 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
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
the Environmental Permit (EP-317/2009) to MTR CORPORATION LIMITED (hereinafter referred to as the “Permit
Holder”) on 8 January 2009. Pursuant to Section 13 of the Ordinance,
the Director amends the Environmental Permit based on the Application No. VEP-423/2014.
The amendments, described below, are incorporated into this
Environmental Permit (EP-317/2009/A). 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）於 2009 年 1月 8日將環境許可證(編號EP-317/2009)批予香港鐵路有限公司（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-423/2014修訂環境許可證。以下修訂已包含在本環境許可證內(EP-317/2009/A)
。本經修訂的環境許可證作為建造及營辦本許可證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-423/2014 |
|
Document in
the Register: 登記冊上的文件： |
(1) Tsim Sha Tsui Station Northern
Subway Environmental Impact Assessment (EIA) Report, Environmental Monitoring
and Audit (EM&A) Manual and Executive Summary (Register
No.: AEIAR-127/2008) [Hereinafter referred to as the “EIA Report”] (1) 地鐵尖沙咀站北行人隧道環境影響評估報告，環境監測及審核手冊及行政摘要(登記冊檔號: AEIAR-127/2008) [下稱 “環評報告”] (2) The Director’s letter of approval of the EIA
report dated 31 December 2008 [Ref.: (16) in EP2/K1/A/ (2) 署長於 |
|
Application
No. 申請書編號： |
VEP-423/2014 |
|
Document in
the Register: 登記冊上的文件： |
(3) Application for
Environmental Permit submitted by the Permit Holder on 18 September 2008
(Application No. AEP-317/2008) (3) 許可證持有人於 (4) Application
documents for Variation of Environmental Permit including all attachments submitted
by the Permit Holder on 6 January 2014 (Application No. VEP-423/2014) (4)
許可證持有人於 |
|
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的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-423/2014 |
6 January 2014 |
Add Condition 3.7 (iv) to
include an alternative Powered Mechanical Equipment (PME) used for
demolishing the concrete structure of exiting Entrance A1. 新增第3.7(iv) 項條件，以包括用於拆卸現有A1入口水泥結構的替代機動設備。 Re-number Conditions 3.7 (iv) to
3.7 (xii) in Part C of Environmental Permit No.
EP-317/2009 as Conditions 3.7 (v) to 3.7 (xiii). 更改環境許可證編號EP-317/2009 C部第3.7(iv)至3.7
(xii)項條件為第3.7(v)至3.7 (xiii)項條件。 Vary Condition 更改環境許可證編號EP-317/2009 C部第3.11 項條件，以包括更改環境許可證申請文件（編號：VEP-423/2014）所預測噪音敏感受體承受的建造噪音水平。 |
27 January 2014 |
|
VEP-423/2014 |
6 January 2014 |
Vary Condition 更改環境許可證編號 EP-317/2009 C部第3.13 項條件，以指定適用於侵擾古樹名木T73滴水線的工程的特定條件。 Vary Figure 2 of Environmental Permit No.
EP-317/2009 to delete the OVTs T30 and T31. 更改環境許可證編號EP-317/2009的圖2，以删除古樹名木 T30及T31。 Add Figure 3 to specify protection
measures for the OVT T73 新增圖3，以指定適用於古樹名木 T73的保護措施。 |
27 January 2014 |
|
27 January
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 黄耀光 代 行) |
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
(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 |
Tsim Sha Tsui Station Northern Subway [This designated project is hereinafter
referred to as “the Project”] 地鐵尖沙咀站北行人隧道 [這指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
Construction
and operation of an underground pedestrian subway link consisting of two sections;
an underground satellite concourse; a new plant basement near existing
Entrance A1 of Tsim Sha Tsui Station; and Entrance A1 upgrade. 興建和運作一條分兩段的行人隧道、一個衛星大堂、一個位於現有A1入口附近的新機房地庫，及改良A1入口。 |
|
Location of Designated Project 指定工程項目的地點 |
Tsim Sha Tsui. The
location of the Project is shown in Figure
1 attached to this Permit. 尖沙咀。工程項目的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The scope of
the Project includes: (i)
A section of subway (Subway TST)
under (ii)
An approximately (iii)
Another section of subway (Subway MSC) under (iv)
An Emergency Exit outside Miramar
Shopping Centre, situating in the planter along the footpath of (v)
A two-level plant basement (Plant Basement)
located below and in front of Entrance A1; and |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(vi)
Entrance A1 upgrade 工程項目的內容包括： (i)
一段位於彌敦道地底的行人隧道（TST隧道）：由尖沙咀站北端起，伸延約 (ii)
一個長約 (iii)
另一段位於彌敦道地底的行人隧道（MSC隧道）：由衛星大堂北端起，伸延約 (iv)
一個緊急出口。緊急出口位於美麗華商場外，彌敦道側行人路旁的花槽； (v)
一個兩層的機房地庫，位於A1入口前的地底； (vi)
改良A1入口 |
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 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 or 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(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
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 descriptions
in Part B of this Permit.
1.7
The Permit Holder shall
ensure that the Project is designed, constructed and operated in accordance
with the information and all recommendations described in the EIA Report
(Register No.: AEIAR-127/2008), the application document (Application No.
AEP-317/2008), other relevant documents in the Register; and the information or
mitigation measures described in this Permit, and mitigation measures to be
recommended in submission that shall be deposited with 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 submissions, as
required under this Permit, shall be rectified and resubmitted in accordance
with the comments, if any, made by the Director within one month of the receipt
of the Director’s comments or otherwise as specified by the Director.
1.9
All submissions to the
Director, all submissions deposited without comments by the Director, and all
submissions rectified in accordance with comments by the Director under this
Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall
be approved by the Director in writing or as prescribed in the relevant permit
conditions. Any non-compliance with the submissions may constitute a contravention
of the Environmental Impact Assessment Ordinance. All submissions or any
variation of the submissions shall be certified by the Environmental Team (ET)
Leader and verified by the Independent Environmental Checker (IEC) referred to
in Conditions 2.1 and 2.2 below, before submitting to the Director under this
Permit.
1.10 The Permit Holder
shall release all finalised submissions as required under this Permit, to the
public by depositing copies in the Environmental Impact Assessment Ordinance Register
Office, or in any other places, or any internet websites as specified by the
Director, or by any means as specified by the Director, for public inspection.
For this purpose, the Permit Holder shall provide sufficient copies of the
submissions.
1.11 The Permit Holder
shall notify the Director in writing the commencement date of construction of
the Project at least two weeks before the commencement of construction of the
Project. The Permit Holder shall notify the Director in writing immediately if there
is any change of the commencement date of the construction.
1.12 All submissions
to the Director required under this Permit shall be delivered either in person
or by registered mail to the Environmental Impact Assessment Ordinance Register
Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong
Kong). Electronic copies of all finalised submissions required under this
Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or
later) and in Portable Document Format (PDF version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hardcopies.
1.13 For the purpose
of this Permit, “commencement of construction” does not include works related
to site clearance and preparation, or other works as agreed by the Director.
2.
Submissions or
Measures before Commencement of Construction of the Project
2.1 An ET shall be established at least two
weeks before the commencement of construction of the Project. The ET shall
be headed by an ET Leader. The ET Leader shall be a person who has at
least 7 years experience in environmental monitoring and audit (EM&A) or
environmental management. The ET and the ET Leader shall be responsible
for the implementation of the EM&A programme as contained in the EM&A
Manual for the EIA Report (Register No. AEIAR-127/2008). 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
compliance with the recommendations of the EIA Report (Register No.
AEIAR-127/2008) or this Permit. The ET Leader shall notify the IEC within
one working day of the occurrence of any such instance or circumstance or
change of circumstance. This log-book shall be kept readily available for
inspection by all persons assisting in the supervision of the implementation of
the recommendations of the EIA Report (Register No. AEIAR-127/2008) and this
Permit or by the Director or his authorized officers. Failure to maintain
records in the log-book, failure to discharge the duties of the ET Leader as defined
in the EM&A Manual or failure to comply with this Condition would entitle
the Director to require the Permit Holder by notice in writing to replace the
ET Leader. Failure by the Permit Holder to make replacement, or further
failure to keep contemporaneous records in the log-book despite the employment
of a new ET Leader may render the Permit liable to suspension, cancellation or
variation.
2.2 An IEC shall be
employed at least two weeks before the commencement of construction of the
Project. The IEC shall have at least 7 years experience in EM&A or
environmental management. The IEC shall be responsible for duties defined
in the EM&A Manual for the EIA Report (Register No. AEIAR-127/2008), and
shall audit the overall EM&A programme including the implementation of all
environmental mitigation measures, submissions relating to EM&A, 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 24 hours of
receipt of notification from the ET Leader of each and every occurrence, change
of circumstances or non-compliance with the EIA Report (Register No.
AEIAR-127/2008) or this Permit, which might affect the monitoring or control of
adverse environmental impact. 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, at least 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 prior the commencement of construction of the Project, prepare and
deposit with the Director three (3) sets of Waste Management Plan (WMP). The WMP shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report (Register No. AEIAR-127/2008). The WMP shall:
(i)
clearly define the duties and responsibilities of
different parties in carrying out the activities described in the WMP;
(ii)
provide all key information (including at least the types and quantities of
waste, timing and activities of waste generation, locations for temporary
storage, considerations for recycle, reuse and destinations for final
disposal);
(iii)
work out the arrangements on how to minimize the
disposal quantity of construction and demolition material (C&DM) of the
Project (including adopting an appropriate purchasing strategy to avoid
generation of C&DM, and sensible design and construction methods to
minimize the generation of C&DM, together with arrangements for
recycling/reusing the C&DM on-site for other stages and/or other sections
of the Project or off-site for other projects);
(iv)
elaborate the arrangements and procedures on how
the above solution shall be implemented on-site to establish an implementation plan.
The details shall include, where appropriate, the specific measures to be
adopted for minimizing waste generation; the timing and quantities of different
types of waste arising from various stages or sections of the Project; the
temporary storage arrangements of different types of waste including the
locations of the designated segregation and storage areas; the reuse/recycling
arrangements including the locations of any specific sections of Project or any
other projects; the destinations, modes and routes of waste disposal; the
various parties responsible for implementing the various waste management
recommendations. The implementation plan shall be practicable and enforceable;
(v)
recommend a recording and management system to keep
track of the compliance with the plan to facilitate audit purpose;
(vi)
take into account the latest C&DM disposal
arrangement and address the associated environmental impacts that may arise;
Measures recommended in the deposited WMP
shall be implemented by the Permit Holder and any person working on the Project
throughout the construction period.
3. Measures during
Construction of the Project
General
Requirement
3.1 The subway tunnel from the north
end of Tsim Sha Tsui Station to the Satellite Concourse (Subway TST) and the subway
tunnel from the north end of the Satellite Concourse to the Miramar Shopping
Centre (Subway MSC) as shown in Figure 1
of this Permit shall be constructed using tunneling by mining method to minimize
construction dust and construction airborne noise impacts.
3.2 Project excavation areas at
Entrance A1 and the proposed satellite concourse shall be decked to screen off
construction dust and construction airborne noise emission.
3.3 Driven piling and blast method shall not
be adopted for the construction of the Project.
Measures
to Mitigate Construction Noise Impact
3.4 When
above ground exhaust is required for the ventilation of decked excavation area,
the above ground exhaust shall be located away from existing residential
building.
3.5 The
surface density of the metal sheet cover for the Project excavation areas shall
not be less than
3.6 When
any one item of construction plants included in the list below is to be used at
excavation areas prior to decking, only the quiet type of the relevant
construction plant with Sound Power Level not exceeding the value as stipulated
below shall be used to mitigate construction noise impacts:
(i)
Hydraulic
breaker (excavator mounted) with Sound Power Level (SWL) not exceeding
106dB(A);
(ii)
Concrete
lorry mixer with SWL not exceeding 100dB(A);
(iii)
Mobile
crane with SWL not exceeding 101dB(A);
(iv)
Vibratory
poker (hand-held) with SWL not exceeding 102dB(A)
3.7 Movable
noise barrier shall be implemented to mitigate construction noise impacts of
the Powered Mechanical Equipment (PME) as listed below to achieve requirements
as set out in Condition 3.11 below. Noise barrier material shall have a surface
mass of not less than
(i)
Compactor
(vibratory);
(ii)
Cutter
(circular, steel);
(iii)
Saw
(concrete);
(iv)
Concrete
crusher (excavator mounted) for demolishing the concrete structure of existing Entrance
A1;
(v)
Electric
winch;
(vi)
Grout
mixer;
(vii)
Grout
pump;
(viii)
Handheld
breaker;
(ix)
Hoist
(passenger / material, electric);
(x)
Poker
(vibratory, hand-held);
(xi)
Soil
pump;
(xii)
Water
pump;
(xiii)
Welder
/ generator (portable)
3.8 Noise
enclosure / acoustic shed shall be implemented to mitigate construction noise
impacts of the PME as listed below. The noise enclosure / acoustic shed shall
achieve no less than the noise reduction as listed below:
(i)
15dB(A)
noise reduction for air compressor;
(ii)
15dB(A)
noise reduction for concrete pump
3.9 Silencers
shall be implemented to mitigate noise impact from fan ventilation system
operation during construction of the Project. The silencers shall achieve no
less than 15dB(A) noise reduction for the fan ventilation system operation.
3.10 Noise
insulating fabric shall be implemented to mitigate construction noise impacts
of the PME as listed below. The noise insulating fabric shall be lapped with no
opening or no gap on the joints. The noise insulating fabric shall achieve no
less than the noise reduction as listed below:
(i)
10dB(A)
noise reduction for drill rig (rotary type, diesel);
(ii)
10dB(A)
noise reduction for piling (earth auger)
3.11 The Permit Holder
shall ensure the implementation of noise mitigation measures in full compliance
with the details as set out in accordance with Conditions 3.4, 3.5, 3.6, 3.7,
3.8, 3.9 and 3.10 above to achieve the construction noise performance at noise
sensitive receivers as predicted in the EIA
Report (Register No.: AEIAR-127/2008) and the VEP Application Document (No.
VEP-423/2014).
Measures
to Mitigate Construction Landscape Impact
3.12 No
Old and Valuable Trees (OVTs) shall be felled or transplanted. The crowns and
roots of OVTs shall be preserved in situ.
3.13 There shall be no encroachment of
works into the drip line of the OVTs other than OVT T73 as shown in Figure 2 of this Permit. Protection measures as shown in Figure 3 of this Permit shall be
implemented for works encroaching into the drip line of the OVT T73 to ensure
that the crown and roots of the OVT T73 are undisturbed.
4. Measures for
Operation of the Project
Measures to Mitigate
Operation Noise Impact
4.1 Fixed plant / louvre shall be positioned
/ located to avoid facing noise sensitive receivers.
Measures to Mitigate
Operation Landscape Impact
4.2 The
emergency exit in front of the Miramar Shopping Centre shall be located away
from the trunk and drip line of the OVTs as shown in Figure 2 of this Permit.
5. Environmental
Monitoring and Audit (EM&A) during the Construction Period
5.1 The EM&A programme
shall be implemented in accordance with the procedures and requirements as set
out in the EM&A Manual for
the EIA Report (Register No. AEIAR-127/2008). Any changes to the
programme shall be justified by the ET leader and verified by the IEC as
conforming to the information and requirements contained in the EM&A Manual
before submission to the Director for approval.
5.2 The
Permit Holder shall take samples and measurements in accordance with the
requirements of the EM&A Manual by:
(a) conducting
baseline monitoring as set out in the EM&A Manual;
(b) conducting
impact monitoring as set out in the EM&A Manual;
(c) carrying out remedial actions in
accordance with the Event and Action Plan, as set out in the EM&A Manual,
in cases where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of the
details of (a) to (c) above within 3 working days of the collection of data or
completion of remedial action(s), for the purposes of preparing and submitting
the monthly EM&A Reports and to make available the information for
inspection on site.
5.3 All EM&A data
submitted under this Permit shall be true, valid and correct.
5.4 Three hard copies and two electronic
copies of the Baseline Monitoring Report shall be submitted to the Director at
least two weeks before the commencement of any construction works. The Report
shall include, but without limitation to, the details of the baseline noise
monitoring. Additional copies of the submission shall be provided to the
Director upon request from the Director.
5.5 Three hard copies and
two electronic copies of monthly EM&A Report shall be submitted to the
Director within 2 weeks after the end of the reporting month. The monthly
EM&A Report shall also document further detailed tree survey information,
tree preservation method statements and tree monitoring, to be supervised by a
certified landscape architect and audited by the ET of the Permit Holder. The
monthly EM&A Report shall also update the amenity value of the three
Delonix trees (along
5.6 The actions described in
the Event/Action Plans of the EM&A Manual shall be fully and properly
carried out, in accordance with the time frame(s) set out in the Event/Action
Plan, or as agreed by the Director.
5.8 The Permit Holder shall
set up a construction complaint investigation procedure at least 2 weeks before
the commencement of construction works. The complaint investigation procedure
shall follow the requirements set out in the EM&A programme.
6. Electronic Reporting of EM&A
Information
6.1 To facilitate
public inspection of the Baseline Monitoring Report and monthly EM&A
Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 5.4
and 5.5 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.
6.2 All environmental
monitoring data described in Condition 6.1 above shall be made available to the
public via internet access in the shortest possible time and in no event later
than 2 weeks after the relevant environmental monitoring data are collected or
become available, unless otherwise agreed with the Director. The Permit
Holder shall notify the Director in writing, within 4 weeks after the
commencement of works, the internet address where the environmental monitoring
data are to be placed. The internet address and the relevant environmental
monitoring data shall be made available to the public via the EIAO Internet
Website and the EIAO Register Office.
6.3 The
internet website as described in Condition 6.2 above shall enable user-friendly
public access to the monitoring data / information with features capable of:
(a) providing
access to all environmental monitoring data / information collected since the
commencement of works (including at least air quality, noise and tree
preservation procedures);
(b) searching
by date;
(c) searching
by types of monitoring data / information (including at least air quality,
noise and tree preservation procedures); and
(d) hyperlinking
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 Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the construction site by the amended permit.
4. A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under Section 12 of the Ordinance to the Director for a further environmental
permit.
5. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the construction or operation of the Project could be continued. It is
an offence under Section 26(1) of the Ordinance to construct or operate a
designated project listed in Part I of Schedule 2 of the Ordinance without a
valid environmental permit.
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable: -
(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-317/2009/A
環境許可證編號 EP-317/2009/A
| Figure 1 |
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