Environmental Permit No. EP-126/2002/A
環境許可證編號:EP-126/2002/A
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTIONS 10 and 13
環境影響評估條例
(第499章)
第10 及 13條
ENVIRONMENTAL PERMIT TO CONSTRUCT
AND OPERATE DESIGNATED PROJECTS
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 (the Ordinance), the Director of
Environmental Protection (the Director) granted the Environmental Permit EP-126/2002
to the CLP Power Hong Kong Limited (the “Permit Holder”) on 2 April
2002. Pursuant to Section 13 of the Ordinance, the Director amends the
Environmental Permit No. EP-126/2002 based on the Application No. VEP-076/2002.
The amendments described below, are incorporated into this Environmental Permit
(EP-126/2002/A). This Environmental Permit as amended is for the construction
and operation of the designated projects described in Part B subject to the
conditions specified and attached to Part C of this Permit.
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2002年 4月 2日將環境許可證編號 EP-126/2002 批予中華電力有限公司(「許可證持有人」)。 根據條例第 13條的規定，署長因應申請書編號 VEP-076/2002 修訂環境許可證編號 EP-126/2002。下文說明的修訂，已包含在本環境許可證內 (EP-126/2002/A)。 本經修訂的環境許可證，適用於建造及營辦本許可證 B部所說明的指定工程項目， 但須遵守本許可證 C部所列明及附載的條件。
This
Environmental Permit is based on the documents, approval and permissions
described below:
本環境許可證乃依據下列的文件、批准及許可條件而簽發 :
|
Application No.: |
VEP-076/2002 |
|
Document
in the Register : Document
in the Register : |
(1)
132KV Supply circuit
from Pui O via Chi Ma Wan Peninsula via Sea Crossing towards Cheung Chau
(Register No.: AEIAR-051/2001) -
Environmental Impact
Assessment Report (January 2002) and Environmental Impact Assessment
Executive Summary (January 2002) [Hereinafter referred to as the "EIA
Report"] -
Environmental
Monitoring and Audit Manual (January 2002) [Hereinafter referred to as the
"EM&A Manual"] (2)
The Director's letter
of approval of the EIA Report dated 28 February 2002 (ref : EP2/N9/Q/74 Pt.3) (3)
Application documents
for Environmental Permit No. AEP-126/2002. (4)
Environmental Permit
issued on 2 April 2002 (Permit No. EP-126/2002) (5)
Application documents
for Variation of an Environmental Permit submitted by the Permit Holder on 18
September 2002. (Application No. VEP-076/2002) (1)
132千 伏 電 力 供 應 電 路 由 貝 澳 經 芝 麻 灣 半 島 經 海 峽 至 長 洲
(登 記 冊 編 號 ： AEIAR-051/2001) -
環 境 影 響 評 估 報 告
(2002年 1月 ) 及 環 境 影 響 評 估 執 行 摘 要
(2002年 1月 ) [下 稱
"環 評 報 告 "] -
環 境 監 察 及 審 核 手 冊 (2002年 1月 ) [下 稱
"環 監 手 冊 "] (2)
環 境 保 護 署 署 長 於
2002年 2月 28日 發 出 批 准 環 評 報 告 的 信 件 (檔 案 編 號 ：
EP2/N9/Q/74 Pt.3) (3)
許 可 證 持 有 人 提 交 的 環 境 許 可 證 申 請 文 件 (申 請 書 編 號
AEP-126/2002) (4)
於2002 年 4 月 2日 發出的環境許可證 (許可證編號 EP-126/2002) (5)
許可證持有人於 2002年 9月 18日 提交的更改環境許可證申請文件(申請書編號VEP-076/2002) |
|
Application No. 申請編號 |
Date
of Application 申請日期 |
List
of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
Date
of Amendments 修訂日期 |
|
VEP- 076/2002 |
18 September 2002 2002年9月18日 |
(1)
Vary Scale and Scope
of Designated Project in Part B. (2)
Vary Condition 1.7,
2.9, 2.11, 2.12, 2.13, 2.17, 3.2 and Figure 6 in Part C. (3)
Add Condition 2.18,
2.19 and 2.20, Figure 7 and Figure 8 to Part C. (1) 更改B部的指定工程項目的規模和範圍 (2) 更改C部的第1.7、2.9、2.11、2.12、2.13、2.17、3.2項條件及附圖6 (3)
加入C部的第2.18、2.19、2.20項條件及附圖7、8 |
17 October 2002 2002年10月17日 |
|
17 October 2002 2002年10月 17 日 |
|
|
|
|
Date 日期 |
|
(Elvis W. K. AU) |
|
PART B (DESCRIPTIONS OF
DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the description of the designated projects 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 Projects 指定工程項目的名稱 |
132kV Supply Circuit from
Pui O via Chi Ma Wan Peninsula via Sea Crossing towards Cheung Chau 132千伏電力供應電路由貝澳經芝麻灣半島經海峽至長洲 |
|
Nature of Designated Projects 指定工程項目的性質 |
Construction
and operation of three 132kV supply circuits involving cable tunnel within
the Lantau South Country Park. 建造及營辦設於南大嶼郊野公園範圍內電纜隧道的三條132 千伏電力供應電路。 |
|
Location of Designated Projects 指定工程項目的地點 |
The Project
commences from existing Pui O Substation, running along South Lantau Road and
Chi Ma Wan Road, through the proposed cable tunnel linking between Pui O and
Tai Long Wan East, crossing the Adamasta Channel and to existing Cheung Chau
South and North Substations. The
location of the Project is shown in Figure 1 attached to this Permit. 工程項目由現有貝澳電力分站開始，沿嶼南道及芝麻灣道伸展，經連接貝澳與大浪灣東的擬建電纜隧道，穿越北長洲海峽至現有南長洲及北長洲電力分站。 工程項目的地點載於本許可證圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Underground cables
地下電纜 d) 臨時挖掘現有斜坡，以建造位於貝澳及大浪灣的隧道入口； |
PART C (PERMIT CONDITIONS)
1. General Conditions
1.1 The
Permit Holder shall ensure full compliance with all conditions of this
environmental permit. Any non-compliance may constitute a contravention of the
EIAO and may become 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
defense 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 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(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 and operate the Project as described 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 EIA Report (Register No. AEIAR-051/2001) and the application documents for
variation of an environmental permit (Application No. VEP-076/2002); 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.
All submissions or any variation of the submissions shall be verified and
certified by the Independent Environmental Checker (IEC) referred to in Condition
2.2 below, before submitting to the Director under this Permit.
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 submission.
1.11
The
Permit Holder shall notify the Director in writing the commencement date(s) of
construction of the Project(s) at least one month before the commencement of
construction of the Project(s). The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date(s) 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 finalized 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 hard copies.
1.13
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
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of construction of the Project(s). The ET
shall not be in any way an associated body of the Contractor or the Independent
Environmental Checker (IEC) for the Project(s).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 auditing (EM&A) or environmental management.
The ET and the ET Leader shall be responsible for the implementation of the
EM&A programme in accordance with the requirements as contained in the
EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each
and every circumstance or change of circumstances which may affect the
environmental impact assessment and each and every non-compliance with the
recommendations of the EIA Report or this Permit. This log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report 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 by the Permit Holder no later than one month before the
commencement of construction of the Project(s). The IEC shall not be in any way
an associated body of the Contractor or the ET for the Project(s). The IEC
shall be a person who has at least 7 years' experience in EM&A or
environmental management. The IEC shall be responsible for duties defined in
the EM&A Manual and shall audit the overall EM&A programme, including
the implementation of all environmental mitigation measures, submissions
required in the EM&A Manual, 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 each and every change of circumstances or non-compliance
with the recommendations of the EIA Report or this Permit, which might affect
the monitoring or control of adverse environmental impacts from the Project(s).
In case 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, within 4 weeks after 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, at least 4 weeks before commencement of construction of
the Project, deposit with the Director 3 sets of landscape proposal, including
a tree, orchids preservation plan indicating the location of trees and orchids
to be preserved and transplanted, for the Project during construction and
operation stages with explanatory statement, design drawings and layout plans
of the scale 1 to 1000 or other scale as agreed by the Director. The submission
shall include an implementation programme for the landscaped areas, with clear
identification of the responsibility for funding, implementation, management
and maintenance of the landscaped areas. The submission shall be verified by
the IEC as conforming to the information and recommendations contained in the
EIA report (No. AEIAR-051/2001), the Application (No. AEP-126/2002) and the EM&A
Manual. The Permit Holder shall make available additional copies to the
Director upon his request.
2.5
The
Permit Holder shall keep the doors at Pui O tunnel portal closed during
blasting works, within the tunnel section, in order to minimize the noise
impact.
2.6
Three
sets of groundwater monitoring plan including monitoring points, action levels
for implementing mitigation measures shall be submitted to the Director before
the commencement of construction of the Project. The mitigation measures shall
be implemented if the groundwater level dropped to the action levels defined.
The mitigation measures shall include:
a)
traditional
pre-injection systems using cement grout shall be applied in the identified
fault intersection zone to reduce the water inflow; and
b) apply 2mm thick typical high performance PVC waterproof membrane and geotextile fleece mats to ensure watertighteness of the tunnel.
2.7
The
Permit Holder shall submit to Director at least one month before the
commencement of the works for approval the method statements for the mitigation
measures as described in conditions 2.6 a) and b) for prevent the groundwater
loss.
2.8
The
Permit Holder shall implement the following working methods during dredging to
minimise the loss of fine sediment to suspension:
a)
tightly
closing grabs shall be used to restrict the loss of fine sediment to
suspension;
b)
all
barges used for the transport of dredged materials shall be fitted with tight
bottom seals in order to prevent leakage of material during loading and
transport; and
c)
excess
material shall be cleaned from the decks and exposed fittings of barges before
the vessel is moved.
2.9
The
Permit Holder shall ensure that the dredging work shall be carried out with the
dredging rate no more than 547 m3/day to minimize the water quality
impact at Cheung Sha Wan Fish Culture Zone and Tai Kwai Wan.
2.10
The
Permit Holder shall prevent stream sedimentation during construction by placing
sandbags and operating stilling ponds in all streams within the site boundary.
2.11
The
Permit Holder shall implement a planting reinstatement scheme, which comprise
replanting of approximately 750m2 at the Pui O tunnel portal area
and 700 m2 at the Tai Long Wan Landfall area as shown in figures 2
and 3 attached to this Permit with native tree species on a minimum 1 to 1
basis and distribution at least 1 tree per 1 square meter.
2.12
The
Permit Holder shall erect fences no less than 1.5 m high along the boundary of
construction sites for the tunnel portals before the commencement of works to
prevent tipping, vehicle movements, and encroachment of personnel into area
outside that site boundary.
2.13
The
Permit Holder shall, unless otherwise approved by the Director, provide the
temporary hoarding barriers not less than 2 m high and in subdued colour at the
Pui O Tunnel Portal as shown in figure 4 attached to this Permit during the
entire construction period.
2.14
Three
sets of detailed transplantation proposal for the protected orchids
Aphyllorchis montana and Cleisostoma simondii found at Pui O Tunnel Portal as
shown in figure 5 attached to this Permit shall be submitted to the Director
before the commencement of construction for approval. The proposal shall
contain details on the locations of the orchids, transplantation schedule and
method, locations of the suitable receptor sites, and arrangement for
post-transplantation monitoring. The transplantation shall be conducted by a
qualified plant biologist with at least 3 years of relevant experience. A
1-year post-transplantation monitoring shall also be conducted. No works in the
area concerned should commence before the orchids are transplanted. The Permit
Holder shall fully and properly implement the approved transplantation
proposal.
2.15
The
Permit Holder shall use visually non-obstructive security fencing for the Pui
O, Tai Long Wan Tunnel Portal and landfall area during the operation phase to
minimize the visual impact of the portal building.
2.16
The
Permit Holder shall deposit with the Director 3 sets of records by photographs
and video of existing conditions of the affected area at Pui O and Tai Long Wan
Tunnel Portals at least 4 weeks before the commencement of the construction
works on site. The records shall include the existing conditions of the
re-creation of natural and rocky shoreline, footpath and vegetation. The works
areas at Pui O and Tai Long Wan Tunnel Portal should be reinstated to their
existing condition before completion of the construction works.
2.17
The
Permit Holder shall not disturb the layer below 1.0 m from existing ground
level at the shaded area in figure 6 attached to this Permit unless otherwise
approved by the Director.
2.18
The
Permit Holder shall install silt curtain during construction and removal of the
temporary working platform at Tai Long Wan to minimize the water quality impact
as shown in figure 7. The installation of silt curtain shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the application documents for variation of an
environmental permit (Application No. VEP-76/2002) in the Register.
2.19
The
Permit Holder shall implement construction site drainage system as shown in
figure 8 for the temporary working platform at Tai Long Wan to bund and divert
the polluted surface runoff away from the seaward side and prevent pollution to
the sea. The Permit Holder shall deposit details of the drainage system with
the Director at least two weeks before commencement of construction of the
temporary working platform at Tai Long Wan. The details of the drainage system
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the application documents for
variation of an environmental permit (Application No. VEP-76/2002) in the
Register.
2.20
The
Permit Holder shall, no later than one month before the commencement of the
Project, submit to the Director for approval four hard copies and one
electronic copy of an updated EM&A Manual for the Project. The updated
EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming
to the information and recommendations contained in the EIA Report. The updated EM&A Manual shall include the additional
water quality monitoring for the construction, operation and removal of the
temporary working platform at Tai Long Wan as detailed in the
application documents for variation of an environmental permit (Application No.
VEP-76/2002) in the Register .
3. Environmental
Monitoring and Audit (EM&A) during the Construction Period
3.1
The
Permit Holder shall implement the EM&A programme in accordance with the
procedures and requirements in the EM&A Manual. Any changes to the
programme shall be justified by the IEC as conforming to the requirements set
out in the EM&A Manual and shall be approved by the Director.
3.2
The
Permit Holder shall take samples and measurements in accordance with the requirements
in the EM&A Manual by:
(a) conducting baseline monitoring on water quality as set out in the EM&A Manual;
(b) conducting impact monitoring on water quality as set out in the EM&A Manual;
(c) carrying out remedial actions in accordance with the Event/Action Plans, 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.
3.3
All
environmental monitoring and audit data submitted under this Permit shall be
true and correct.
3.4
Two
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before the commencement of any
construction works. The submissions shall be verified and certified by the IEC.
Additional copies of the submission shall be provided to the Director upon
request from the Director.
3.5
Two
hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within 2 weeks after the end of the reporting month.
The submission shall be certified by the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided to the Director upon
request from the Director.
3.6
The
Permit Holder shall fully and properly carry out actions described in the
Event/Action Plans of the EM&A Manual, in accordance with the time frame
set out in the Event/Action Plans, or as agreed by the Director.
4. Electronic Reporting of
EM&A Information
4.1
To
facilitate public inspection of the 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 Condition 5.2 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.
4.2
All
environmental monitoring results described in Condition 4.1 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
results are collected or become available, unless otherwise agreed with the
Director. The Permit Holder shall notify the Director in writing, within 6
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 results shall be made available to the public
via the EIAO Internet Website and the EIAO Register Office.
4.3
The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data with features capable of:
(a)
providing
access to all environmental monitoring data collected since the commencement of
works;
(b)
searching
by date;
(c)
searching
by types of monitoring data; 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 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 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 and Food, 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 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 of indictment to a fine of
$2 million and 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 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 that 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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