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 EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the GB21 (Hong Kong) Limited (hereinafter referred to as 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 (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 GB21(香 港 )有 限 公 司 (下 稱 "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 訂 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 及 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. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance 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 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.

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 the 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 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 the display at the construction site(s).

1.6 The Permit Holder shall construct and operate 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, constructed and operated in accordance with the information and all recommendations described in the Project Profile (EIAO Register No. PP-049/2001); 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.

2. Submissions or Measures for the Construction of the Project

2.1 A marine water quality monitoring and audit programme shall be carried out during the construction stage. One monitoring station shall be located at the Ma Wan Fish Culture Zone. The Permit Holder shall submit the marine water quality monitoring and audit manual to the Director for approval no later than 1 month prior to commencement of construction of the Project.

2.2 A baseline dive survey of the marine ecology of the reclamation site and the surrounding area within 300 m from the reclamation site shall be conducted. The Permit Holder shall submit the results to the Director for agreement no later than 1 month before commencement of construction of the Project. If the results show the presence of species of conservation importance including corals, the Director's agreement on mitigation measures shall be obtained before commencement of construction of the Project.

2.3 The Permit Holder shall submit the details (length, height, material and type) of the portable noise barrier for the Castle Peak Road Improvement project to the Director no later than 1 month before commencement of construction of the Project. This portable noise barrier shall have a surface density not less than 7 kg/m2.

2.4 A Marine Archaeological Investigation (MAI) shall be conducted according to the Guidelines for Marine Archaeological Investigation attached to this Permit. The Permit Holder shall submit the results to the Director for agreement no later than 1 month before commencement of construction of the Project. The MAI shall be carried out by a qualified marine archaeologist who shall obtain a License from the Antiquities Authority before undertaking the MAI under the provision of the Antiquities and Monuments Ordinance (Cap. 53). If the results show the presence of archaeological importance, the Director's agreement on mitigation measures shall be obtained before commencement of construction of the Project.

3. Measures during the Construction of the Project

3.1 All design or construction measures described in the submissions approved or deposited under conditions 2.1, 2.3, 2.4 and 2.5 above shall be fully implemented.

3.2 Dredging of marine sediment shall be limited to the scour apron.

3.3 No more than 1 derrick lighter shall be used for marine dredging works. The total maximum dredging rate shall not be more than 200 cu.m per day.

3.4 All filling activities shall be carried out behind rockfill and rock armour.

3.5 Tightly closing grabs shall be used to restrict the loss of fine sediment to suspension.

3.6 Silt curtains shall be used along the reclamation area during construction to control sediment suspension within the work area.

3.7 The construction method specified in Section 2.1 of the Project Profile submitted by the Permit Holder on 16 February 2001 shall be followed during the construction of the Project.

3.8 Surface run-off from the Castle Peak Road Improvement project's construction sites shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

3.9 Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks of the Castle Peak Road Improvement project.

3.10 Silt removal facilities, channels and manholes of the Castle Peak Road Improvement project shall be suitably maintained. The deposited silt and grit shall be removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities of the Castle Peak Road Improvement project are functioning properly at all times.

3.11 Open stockpiles of construction materials (e.g. aggregates and sand) on the work sites for the Castle Peak Road Improvement project shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

3.12 All manholes (including any newly constructed ones) of the Castle Peak Road Improvement project shall be adequately covered and temporarily sealed so as to prevent silt, construction materials or debris from getting into the drainage system.

3.13 For each Stage of work specified in Section 2.1 of the Project Profile submitted by the Permit Holder on 16 February 2001, only 1 set of the equipment as specified in Table 1 of the Project Profile shall be used at the same time.

3.14 All plant and equipment to be used on the construction site shall be properly maintained in good operating condition. Silencers, mufflers, acoustic linings or shields, acoustic sheds or screens shall be used to avoid disturbance to any nearby noise sensitive receivers.

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 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.

6. 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;
(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.

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