Environmental Permit No. EP-133/2002
環境許可證編號EP-133/2002
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 (the EIAO), the Director of
Environmental Protection (the Director) grants this environmental permit to the
Technical Services Division, Civil Engineering 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署工程技術部 (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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
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Application
No. 申請書編號 |
AEP-133/2002 |
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Document
in the Register : 登記冊上的文件： |
(1) “Tai O Sheltered Boat Anchorage Environmental
Impact Assessment Final Report (May 2000) (Register No. EIAR-042/2000)”
[Hereinafter referred to as the “EIA Report”] and Environmental Monitoring
& Audit Manual [Hereinafter referred to as the “EM&A Manual”] (1)大澳船隻碇泊保護區的環境影響評估最終報告
(2000年5月) (登記冊編號:EIAR-042/2000)
[下文簡稱 ”環評報告” ]及環境監察及審核手冊 [下文簡稱 “環境監察及審核手冊” ] (2) Application
documents including all attachments submitted by the Permit Holder on 28
March 2002 (Application No. AEP-133/2002) (2) 申請文件包括許可證持有人於2002年3月28日提交的所有附件(申請書編號:AEP-133/2002) |
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April 2002 |
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Date 日期 |
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(Simon Hui) 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)許一鳴代行) |
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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
(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 Projects 指定工程項目的名稱 |
Dredging
operation at Tai O Access Approach for Tai O Sheltered Boat Anchorage [The above dredging operation at Tai O Bay is hereinafter referred to as
“the dredging operation”] 大澳船隻碇泊保護區 – 大澳航道挖泥工程 [上述大澳挖泥工程下稱"挖泥工程"] |
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Nature
of Designated Projects |
Part of the dredging work for a typhoon shelter designed to provide
moorings for not less than 30 vessels. 在設計上是為不少於30艘船隻提供碇泊處的避風塘的部份挖泥工作。 |
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Location of Designated
Projects 指定工程項目的地點 |
The dredging operation is located at the Tai O Bay. The location of the Project is shown
in Figure 1 attached to this
Environmental Permit. 工程項目在大澳灣進行。工程項目的位置見載於本許可證夾附的圖1。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The dredging operation aims
to provide a 900m long and 35m wide approach channel for vessels in Tai
O. A total of approx. 75,000m3
sediments will be dredged. 清除大澳灣面積約為75,000平方米的海泥，為船隻提供900米長與35米闊的出入通道。 |
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 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.
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 of the Project(s) 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
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 and constructed in accordance with the information and
all recommendations described in the Project Profile (EIAO Register No.
PP-142/2001); other relevant documents in the Register; and the information or
mitigation measures described in this Permit, or 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, or
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 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.
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 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).
1.12
The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project at
least 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 relate to site clearance and preparation, or other works as agreed by the
Director.
2. Specific
Conditions
2.1 The
Permit Holder shall carry out the dredging operation within the hatched area as
shown in Figure 1 attached to this
Permit.
2.2 The
Permit Holder shall not deploy more than one grab dredger and one tug boat for
the dredging operation. The grab dredger and tug boat shall not be operated
simultaneously.
2.3 The
Permit Holder shall use grab dredger and barge fitted with tight-fitting seals
at their bottom openings to carry out dredging operation and to transport the
dredged material respectively.
2.4 The
Permit Holder shall prohibit splashing of dredged material into the surrounding
waters during loading of barges and grabs. The Permit Holder shall not allow
overflowing of dredged material to cause water pollution during loading or
transportation.
2.5 The
Permit shall only use closed grabs of no more than 8m3 in size for
dredging of contaminated mud.
2.6 The Permit Holder shall
transport contaminated mud to disposal sites by split barges of not less than
750m3 capacity, capable of rapid opening and discharge to the
disposal site.
2.7 The Permit Holder shall carry out water quality monitoring for the
dredging operation. The water
quality monitoring shall cover baseline monitoring for a period of 3 weeks
before commencement of dredging operation, the entire dredging period, and
extend for a period of 3 weeks after the completion of the dredging work. The
Permit Holder shall submit the water quality monitoring programme to the
Director for approval prior to commencement of dredging operation.
2.8 The Permit Holder shall fully implement the water quality
monitoring programme approved by the Director as described in Conditions
2.7. If the water quality monitoring
indicates the need of additional water quality mitigation, silt curtains shall
be employed to prevent the sediment plume spreading into Tai O Creek and Outer
Tai O Bay. The silt curtain should be fabricated from permeable, durable,
abrasion resistant membrane like geotextiles and be mounted on a floating boom
structure and should extend to the sea bottom.
2.9 The
Permit Holder shall ensure that all sections of outer seawall to be retained
shall be “flagged” to avoid damaging due to the dredging operation.
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. 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.
3. 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.
4. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
5. 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 Part II of Schedule 2 of
the Ordinance without a valid environmental permit.
6. 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.
7. 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.
8.
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-133/2002