EP2/K1/Q/09
2835 1001
2891 2512
9 January 2004
Flying Snow Limited,
7th Floor, Cheung Kong Centre,
2 Queen’s Road Central,
Hong Kong
(Attn: Mr H S CHAN)
Dear Sir,
Environmental Impact Assessment (EIA) Ordinance, Cap. 499
Application for Permission to Apply Directly for Environmental Permit
Project Title: Development at the Former Marine Police Headquarters, KIL 11161
(Application No.: DIR-094/2003)
I refer to your above application of 28th November 2003 for permission to apply directly for an environmental permit under Section 5(1)(b) and Section 5(11)of the EIA Ordinance.
This project is a Designated Project under Item Q.1 in Schedule 2 of the EIA Ordinance because it involves earthworks and buildings partly or wholly in an existing site of cultural heritage. The “Former Marine Police Headquarters Compound” is a declared monument under the Antiquity and Monument Ordinance and is therefore a site of cultural heritage under the EIA Ordinance. The exercise of the powers under the EIA Ordinance for this application is to control the earthworks and building works for the purpose of and in relation to the protection of this site of cultural heritage.
According to Section 9.1 of the Technical Memorandum on EIA Process issued under the EIA Ordinance, I shall take advice from the following authorities on matters relevant to them:
- Director of Agriculture, Fisheries and Conservation on nature conservation, ecological assessment, agriculture, animal and plant health, fisheries;
- Director of Planning on visual and landscaping aspects; and
- Secretary for Home Affairs on antiquities and monuments.
Before I sought consent from the Secretary for the Environment, Transport & Works, I have consulted the above relevant authorities on the issues arising from the public comments received during the public consultation period under the EIA Ordinance and their advice on this application. All of these authorities have advised and confirmed to me that the environmental impact of the project in the area within the boundary of declared monument is unlikely to be adverse and that the tree felling/preservation proposals relating to those trees within the boundary of the declared monument are acceptable to them.
On 9 January, I have obtained the consent of the Secretary for the Environment, Transport and Works for permission to be given to this application with conditions. With the consent of the Secretary for Environment, Transport and Works under Section 5(11) of the Ordinance, I now permit you to apply directly for an environmental permit subject to the attached conditions relating to matters within the boundary of the declared monument.
I wish to point out that this permission is only related to matters within the boundary of the declared monument. Notwithstanding the permission of this application under the EIA Ordinance, the issue of felling and preservation of trees and the associated landscape issues for your entire project would still be subject to the control and separate approval of the Town Planning Board through the town planning approval process, the Director of Lands under the land lease, and, for trees within the boundary of the declared monument, the approval of the Secretary for Home Affairs under the Antiquities and Monument Ordinance. This permission under the EIA Ordinance does not absolve your responsibility to fulfil other statutory requirements and to seek approvals from other authorities. This permission is without prejudice to and would not pre-empt the decisions by other authorities under their respective ordinances or the land lease.
Should you have any further queries, please contact Mrs Shirley Lee of this department at 2835 1122.
Yours faithfully,
(Robert J S Law)
Director of Environmental Protection
Encl - Condition for permission to apply directly for environmental permit
c.c.
SETW (Attn. Mr Thomas Chow) Fax: 2136 3321
C for Tourism (Attn. Mrs Erika Hui) Fax: 2801 4458
SHA (Attn. Mr Y T Lam) Fax: 2802 4993
D of Plan (Attn. Mr Bosco Fung) Fax: 2869 7241
DAFC (Attn. Mr Thomas C Y Chan) Fax: 2311 3731
DLCS (Attn. Ms Annissa Wong) Fax: 2606 1824
Environmental Impact Assessment (EIA) Ordinance, Cap. 499
Application for Permission to Apply Directly for Environmental Permit
Project Title: Development at the Former Marine Police Headquarters, KIL 11161
1. All measures for the proposed works within the monument boundary described in the Project Profile submitted by the Applicant on 28 November 2003 shall be fully implemented, including all measures detailed in the Implementation Schedule in Appendix IV of the Project Profile.
2. Prior to the commencement of works, the applicant shall submit to the Director for approval a method statement detailing the protective measures on the declared monument buildings including the main building, the stable block, the signal tower and the accommodation block of the former fire station during construction of the project.
3. The Applicant shall submit to the Director for approval 3 sets of the Landscape Mitigation and Tree Preservation Proposal, at least 3 months before the commencement of the relevant section of works within the monument boundary. The Proposal shall include landscape layouts, sections, method statements, detailed treatment to preserve the trees on site, including retention and replanting of the existing trees on site, monitoring schedules for the tree preservation works during construction, and the maintenance of the trees preserved during the operational stage of the Project; and a detailed compensatory tree planting proposal which shall include the maintenance of the compensatory trees during the operational stage of the Project.
4. The approved Landscape Mitigation and Tree Preservation Proposal shall be closely monitored during construction by an Independent Environmental Checker and shall be implemented on site before commencement of the project operation stage. A monthly photo record of the completed mitigation for landscape and tree preservation works shall be submitted to the Director for reference through out the construction stage of the project. The monitoring report and the photos shall be placed on the project web page maintained by the Applicant as part of the monthly EM&A report for the project.
Note:
Under Section 17 of the EIA Ordinance, the applicant may appeal to the Appeal Board against any of the above conditions within 30 days of the receipt of this notice of the Director’s decision.
Environmental Protection Department
January 2004