ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10

環 境 影 響 評 估 條 例
(第 499章 )
第 10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

PART A (MAIN PERMIT)
A部 (許 可 證 主 要 部 分 )

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this environmental permit to the ROYAL HONG KONG YACHT CLUB (the "Permit Holder") to construct and operate 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 第 10條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 將 本 環 境 許 可 證 批 予 香 港 遊 艇 會 (許 可 證 持 有 人 )以 建 造 及 營 辦 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 :

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 :

PART C (PERMIT CONDITIONS)

1 General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit (the Permit). Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (the Ordinance) and may become subject of appropriate action being taken under the Ordinance.

1.2 This Permit 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), Waste Disposal Ordinance (Cap. 354) and other. 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 relevant documents in the EIA Ordinance 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 understand all conditions and all requirements incorporated by the Permit.

1.5 The Permit Holder shall display a copy of this Permit on the construction site 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, 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.

1.6 The Project shall be constructed and operated as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project shall be designed, constructed and operated in accordance with the information and all recommended mitigation measures contained in the Project Profile (EIAO Register No. PP-081/2000); 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 the Director as a result of permit conditions contained in this Permit. Where recommendations in the Project Profile 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 The submitted reports as required in this part of the Permit shall be rectified in accordance with the comments 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 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 EIA Ordinance.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by other 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 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.

1.12 All submissions to the Director as required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently on 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong).

2 Specific Conditions

2.1 The Permit Holder shall deposit with the Director 3 sets of Water Quality Monitoring and Audit (WQM&A) programme one month before the commencement of the piling works and implement the WQM&A programme.

2.2 To avoid destruction of any archaeological remains in the seabed, the Permit Holder shall carry out a dive inspection to check the seabed conditions for any archaeological remains at locations where piling will be carried out. 3 sets of the dive inspection report shall be deposited with the Director 2 weeks before commencement of any piling works for the Project. Should there be archaeological remains identified, the Permit Holder shall ensure that the piling works will not disturb any archaeological remains.

2.3 No dredging works shall be carried out for the Project.

2.4 No reclamation works shall be carried out for the Project, except for the piling works and the works associated with the piling activities.

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 that the following notes are for general information only.

2. The Permit Holder may apply under section 13 of the Environmental Impact Assessment 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 with the consent of the Secretary for Environment and Food, may suspend, vary or cancel this Permit. The permit shall be removed from the display on the construction site.

5. If this Permit is cancelled or surrendered during the construction or operation, an 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 without an environmental permit.

6. Any person who construct 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 $2,000,000 and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $5,000,000 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 $1,000,000 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. Under section 17 of the EIA Ordinance, the applicant may appeal to the Appeal Board against the Director's decision within 30 days of receipt of this Permit.

Environmental Permit No. EP-063/2000

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