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 OPERATE
A DESIGNATED PROJECT

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 YUEN LONG VEGETABLE UNION ASSOCIATION LIMITED (hereinafter referred to as the "Permit Holder") to 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 元 朗 菜 聯 聯 誼 會 有 限 公 司 (下 稱 "許 可 證 持 有 人 ") 以 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 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 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 display at the site(s).

1.6 The Permit Holder shall 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 operated in accordance with the information and all recommendations described in the Project Profile (EIAO Register No. PP-114/2001); other relevant documents in the Register; and the information or mitigation measures described 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 The Permit Holder shall notify the Director in writing the commencement date of operation of the Project at least 2 weeks prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

2. Measures during the Operation of the Project

2.1 The Permit Holder shall provide portable chemical toilets within the market during the operation of the Project.

2.2 The Permit Holder shall restrict the operation hours of the temporary wholesale vegetable market from 8:00pm to 8:00am.

2.3 The Permit Holder shall not allow direct discharge of runoff and effluent into the Kam Tin Drainage Channel during operation of the Project.

2.4 The Permit Holder shall provide channels at the site boundary to collect surface runoff and to provide sediment basin and sand trap to remove sediments of the collected water before it is discharged into public storm water drains during operation 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 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 site.

5. If this Permit is cancelled or surrendered during 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 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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