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 A DESIGNATED PROJECT
建 造 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 Technical Services Division, Civil Engineering Department (hereinafter referred to as the "Permit Holder") to construct 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 土 木 工 程 署 工 程 技 術 部 (下 稱 "許 可 證 持 有 人 ")以 建 造 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. 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 authorised 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 site(s) of construction 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 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 and constructed in accordance with the information and all recommendations described in the Project Profile (EIAO Register No. PP-142/2001); 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.

1.13 The Permit Holder shall fully implement all measures described in the Project Profile.

2. Submissions and Measures before Commencement of the Project

2.1 Silt curtain should be employed at all time throughout the dredging operation to minimize the water quality impact. The silt curtain should be fabricated from permeable, durable, abrasion resistant membrane like geotextiles and be mounted on a floating boom structure surrounding the grab and should extend to the sea bottom. Detailed design of the silt curtain shall be submitted to the Director for agreement at least two weeks prior to project commencement.

2.2 Water quality monitoring shall be carried out throughout the project implementation and shall be extended for a period of one month after project completion. The water quality monitoring shall also cover baseline monitoring data collected before commencement of the project. The water quality monitoring plan shall be submitted to Director for approval at least four weeks prior to project commencement.

2.3 For the existing seafood stalls and restaurants located at the Sham Shing Street who are at present using seawater obtained from the Castle Peak Beach to keep live seafood, temporary alternative seawater supply drawing from a point located outside the embayment of the Castle Peak Beach (shaded area shown in Figure 2) shall be provided throughout the implementation of the project. Before the project commence, the Permit Holder shall notify the affected seafood stalls and restaurants on the arrangement of the temporary alternative seawater supply and advise them not to obtain seawater from the embayment of the Castle Peak Beach for keeping live seafood during the project implementation.

3. Measures during Project Implementation

3.1 Silt curtain and water quality monitoring plan described in the submissions under conditions 2.1 and 2.2 respectively above shall be fully implemented, in accordance with the agreed or approved submissions.

3.2 The project shall not be implemented during bathing season as announced by the Leisure and Cultural Services Department.

3.3 The dredging operation of the project shall be carried out within the shaded area as shown in Figure 1.

3.4 No more than two dredgers including a closed grab dredger and a derrick lighter shall be employed for the dredging operation.

3.5 Closed grab should be used for dredging to avoid spillage of sediments while being lifted and the dredging rate shall not exceed 300 cubic metre per day per dredger at all time throughout the dredging operation.

3.6 The dredging operation of the project shall be carried out between 0900 to 1900 hours and be prohibited during public holidays.

3.7 On-site stock piling of dredged material should be prohibited to avoid possible odour problem. Dredged sediments should be transported via sea route to minimize the odour problem.

3.8 Barges for transportation of dredged material and grab dredgers for dredging operation shall be fitted with tight-fitting seals to their bottom openings to prevent leakage of material.

3.9 Splashing of dredged material into the surrounding waters is prohibited during loading of barges and grabs. No overflowing of dredged material causing water pollution is allowed during loading or transportation.

3.10 Measures to advise the public not to draw water from the embayment of the Castle Peak Beach (shaded area shown in Figure 2) shall be provided throughout the project implementation. The measures shall include patrolling the area by watchmen between 0800 and 2400 and putting warning signs along the area.

3.11 The arrangement for temporary alternative seawater supply, provision of patrolling and warning signs described in the above conditions 2.3 and 2.4 shall be continued until after the Director is satisfied that the respective level of suspended solids, E. coli, copper and zinc in the water at the Castle Peak Beach is less than or equal to that before the commencement of the project.

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 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 a designated project listed in Part II of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who constructs 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.

8. 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.

Environmental Permit No. EP-112/2001

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