Environmental Permit No. EP-081/2000/A

                                                                                                                                                           EP-081/2000/A

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE (CHAPTER 499)

Section 10 & 13

( 499 )

10 13

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

PART A (MAIN PERMIT)

A ( )

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) issued the Environmental Permit  (No. EP-081/2000) on     4 October 2000.  Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit No. EP-081/2000 based on the Application No. VEP-568/2019 and grants this Environmental Permit (No. EP-081/2000/A) to the TELSTRA  INTERNATIONAL  LIMITED (hereinafter referred to as the "Permit Holder").  The amendments described below, are incorporated into this Environmental Permit (No. EP-081/2000/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:

( ) 10            ( ) 2000104 ( EP-081/2000 ) 13 定,署 VEP-568/2019   EP-081/2000,並 ( 編號EP-081/2000/A ) ( " " ) ( EP-081/2000/A ) 內。本 B 目, C 、批

 

Application No.

VEP-568/2019

Document in the Register :

(1)       Project Profile –

"East Asian Crossing (EAC) Cable System (TKO)"

(Register No. : PP-101/2000)

( )

( : PP-101/2000 )

(2)       The Director's letter of permission to apply directly for Environmental Permit dated 19 September 2000

[Reference: (17) in Annex(29) to EP2/N8/C/35]

2000 919

[ : (17) in Annex(29) to EP2/N8/C/35]

 

(3)       Application for Environmental Permit submitted on                        21 September 2000 (Application No. AEP-081/2000)

2000 9 21

( AEP-081/2000 )

(4)       Environmental Permit No. EP-081/2000 issued on                     4 October 2000

2000 10 4              EP-081/2000

(5)       Application for Variation of an Environmental Permit submitted on 14 October 2019

(Application No. VEP-568/2019)

2019 10 14 ( VEP-568/2019 )

 

 


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-568/2019

 

14 October 2019
2019
1014

(1)      Amend the description of “Nature of Designated Project” in Part B of Environmental Permit No. EP-081/2000.

EP-081/2000 B 明。

 

(2)       Add Condition 3.1 in Part C of Environmental Permit No. EP-081/2000.

EP-081/2000 C 3.1 件。

 

5 November 2019

2019115

 

 

 

 

 

 

5 November 2019

 

 

2019115

 

 

Date

 

(C. K. LEE)

Acting Principal Environmental Protection Officer

for Director of Environmental Protection

署 長

( 署 理 首 席 環 境 保 護 主 任 李 志 坤 代 行 )


PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B ( )

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

( " " ) A :

 

Title of Designated Project

East Asian Crossing (EAC) Cable System (TKO) [This project is hereinafter referred as "the Project".]

( )

[ " "]

Nature of Designated Project

A dredging operation which is less than 500 metres from the nearest boundary of an existing :

(1)      site of culture heritage (Site of Chinese Customs Station at Fat Tau Chau)

(2)      coastal protection area (Coastline of Shek O Headland, Tai Tau Chau, Ng Fan Chau and Coastline from Cape Collinson to Big Wave Bay)

500

(1)      ( )

(2)   ( 角、大 洲、五 的海 )

Location of Designated Project

The Project involves laying of two international fibre optic telecommunication cables in Hong Kong Special Administrative Region (HKSAR) waters to a single landing site and manhole location in the Tseung Kwan O (TKO) Industrial Estate. The proposed routing is shown in Figure 1 attached to this Permit.

,廷 1

Scale and Scope of Designated Project(s)

The two submarine cables, each of 60 mm in diameter, will be hauled ashore and anchored off, before allowing the construction barge to commence lay operations toward the -20m CD seabed contour. After completion of the landing and anchoring, the main lay vessel will commence cable laying while simultaneously burying the cable to a distance of approximately 6.5km, to the -20m CD seabed contour. The deep burial operations will be conducted using jetting technology. The Injector will bury the cable in a narrow trench (0.25m width) to the required depth of up to 5m below the seabed. Then, plough operations will simultaneously lay and bury the cable in a narrow trench (0.3m width) to a depth of 1.5m below the seabed from the -20m CD seabed contour to the HKSAR boundary, approximately 20km.

60 20 便 6.5 20 0.25 5 使 0.3 1.5 20 20

 

 


 


 


PART C (PERMIT CONDITIONS)

C ( )

 

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 subject of appropriate action being taken under the EIAO.

列的 件。任 況,可 ( 499 ) 定,而

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.

,包 ( 400 ) ( 311 ) ( 358 ) ( 466 ) ( 354 ) 由。

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 authorized 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.

A

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.

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.

便 ( )

1.6         The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

B

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 Project Profile (EIAO Register No. PP-101/2000), other relevant documents in the Register, the information and mitigation measures described in this Permit, 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, 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 in this Permit or otherwise agreed by the Director.

( PP-101/2000 ) ;登 意。

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 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.

C

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.

稿

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).

( 130 27 )

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.

2

 

 

2.             Measures during the Construction of the Project

 

2.1         The project shall be constructed in accordance with the details described in Appendix 1 of this Permit. The Permit Holder shall obtain prior approval from the Director of any changes in the Project details, including cable alignments, burial depth, trench width and installation methods.

,包 線,埋 ,窄 序,必

2.2         The Permit Holder shall within 4 weeks after completion of the Project deposit with the Director one set of plan(s) in 1:50,000 scale with coordinates indicating the as-built alignment of the two cables.

4 1:50,000

2.3         Materials excavated from the trench and removed from the seawall shall be used for later backfilling the trench and reinstating the seawall.

 


 

3.             Measures during the Operation of the Project

 

3.1     For cable repair works of the Project which involves dredging operation, the Permit Holder shall, no later than 4 weeks before the commencement of cable repair works, deposit with the Director three hardcopies and one electronic copy of the work plan.  The work plan shall include, but not limited to, the following information:

4 3 1 。該 料:

(i)            The location(s) and alignment of cable repair works, the installation method and duration, work schedule, burial depth and trench width;

、埋 度;

(ii)          A review to confirm any coral communities and water sensitive receivers located less than 500m from cable repair works; and

500

(iii)        Precautionary measures to avoid and minimize potential impact on coral communities and water sensitive receivers, and to minimize potential disturbance to marine mammals, in particular finless porpoise.

少對 物( )的

 

All precautionary measures recommended in the work plan 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.

3 A ); B ); C

2.             If there is a breach of any condition of this Permit, the Director or his authorised 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.

13

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.

12

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.

14 、更

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.

如 果 本 許 可 證 在 工 程 項 目 建 造 或 營 辦 期 間 取 消 或 交 回 , 則 在 繼 續 進 行 工 程 項 目 之 前 , 必 須 先 根 據 條 例 規 定 取 得 環 境 許 可 證 。 根 據 條 例 第 26(1)條 的 規 定 , 任 何 人 在 沒 有 有 效 環 境 許 可 證 的 情 況 下 建 造 或 營 辦 條 例 附 表 2 I 部 所 列 明 的 指 定 工 程 項 目 , 即 屬 犯 罪 。

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;

  200 6

(ii)          on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;

500 2

(iii)        on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

6 6

(iv)        on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

100 1

(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.

10,000

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.

30 17

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-081/2000/A

EP-081/2000/A

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