Environmental Permit No. EP-132/2002
環境許可證編號EP-132/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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
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
Civil Engineering Department The
Hongkong Electric Co., Ltd. (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香港電燈有限公司 土木工程署(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﹕-
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Application No. 申請書編號 |
AEP-132 |
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Document in the Register : 登記冊上的文件： |
(1) Project Profile “132kV
Submarine Cable Installation for Wong Chuk Hang – Chung Hom Kok 132kV Circuits” (Register No.:
PP-159/2002
(1) 工程項目簡介 – “黃竹坑 – 舂坎角132kV電路之132kV海底電纜敷設工程” (登記冊編號：PP-159/2002) (2) The Director’s letter of permission to apply
directly for environmental permit dated 4 March 2002 (Reference: (26) in
Ax(1) to EP2/H17/C/01) (2)環境保護署署長於2002年3月4日發出批准直接申請環境許可證的信件(檔案的編號: (26) in Ax(1)
to EP2/H17/C/01) (3) Application documents including all attachments
submitted by the Permit Holder on 26 March 2002 (Application No. AEP-132/2002) (3) 許可證持有人於2002年3月26日提交申請文件包括所有附件(申請書編號﹕AEP-132/2002) |
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Director’s
Permission to Apply Directly for Environmental Permit: 署長批准直接申請環境許可證 |
Letter Reference: (26) in Ax(1) to
EP2/H17/C/01 信件檔號：(26) in Ax(1) to EP2/H17/C/01 Date:
4 March 2002 日期：2002年3月4日
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Date 日期 |
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(Elvis W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for the Director
of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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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:
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Title of
Designated Project 指定工程項目的名稱 |
132kV Submarine Cable Installation for Wong Chuk Hang – Chung Hom Kok
132kV Circuits
[The 黃竹坑 – 舂坎角132kV電路之132kV海底電纜敷設工程 [上述指定工程項目下稱“工程項目”]
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Nature of Designated Project |
A dredging operation which is less than 500 metres
from the nearest boundary of Deep Water Bay bathing beach, Middle Bay bathing
beach and South Bay bathing beach. 挖泥工程，施工地點距離現有深水灣泳灘、中灣泳灘和南灣泳灣的最接近的界線少於500米。 |
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Location of
Designated Project 指定工程項目的地點 |
The dredging operation will be carried out at the
Deep Water Bay and the South Bay, as shown in Figure 1 attached to this Permit. 挖泥工程會於深水灣及南灣進行，如本許可證圖一所示。 |
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Scale and
Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The dredging operation involves the
laying of submarine cables by the grab dredging and the jet plough method
within 500 metres from the nearest boundary of bathing beaches. 挖泥工程包括採用抓斗挖泥和水力噴注法於最接近泳灘界線的500米內敷設海底電纜。 |
1.1 The Permit Holder and any person
working on the Project shall comply with all conditions set out in this
Permit. Any non-compliance by any
person may constitute a contravention of the Environmental Impact Assessment
Ordinance (Cap.499) and may become the 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 to the Noise Control Ordinance (Cap.400), Air
Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance
(Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance
(Cap.354). This Permit does not of itself (a) constitute any ground of defense
against any proceedings instituted under any legislation or (b) imply any
approval 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 site(s) of construction and/or
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 display at the construction site(s).
1.6
The Permit Holder shall construct and operate the Project as
described 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 recommendations
described in the Project Profile (Register No. PP-159/2002);
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 submissions, as required under this Permit, shall be rectified
and resubmitted in accordance with the comments, if any, made by the Director
within one month of the receipt of the Director's comments or otherwise as
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.
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, or by any 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 no later than one month 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 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). Electronic copies of all finalized submissions
required under this Permit shall be prepared in Hyper Text Markup Language
(HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0
or later), unless otherwise agreed by the Director and shall be submitted at
the same time as the hard copies.
1.13
For the purpose of this Permit, “commencement of construction”
does not include works related to site clearance and preparation, or other
works as agreed by the Director.
2.
Specific
Conditions
2.1
The cables shall be laid within the cable corridor shown in Figure 1 attached to this Permit. The Permit Holder shall deposit a set of plan(s) in scale 1:5000 scale with reference
coordinates, showing the alignment of the proposed cable routing at least one month before the commencement of construction
of the Project. The set of plan(s) shall comprise two hard copies and one
electronic copy in the formats as specified in Condition 1.12. The Permit Holder shall obtain prior approval from the
Director of any change in the cable alignment, burial depth, trench width and
installation methods as stated in the Project Profile.
2.2
To minimize water quality impact to the bathing beach(es) near
each landing point, dredging operation along the cable alignment shall be
conducted during the calendar period starting from 1 November to 31 March next
year inclusive, to avoid dredging operation during the peak bathing season.
2.3
No more than one grab dredger shall be used at each shore end of
the landing points.
2.4
Silt curtain(s) shall be installed around the grab
dredger and be properly maintained to minimize water quality impact to the
bathing beaches from the dredging operation.
2.5
Dredging
operation shall not be carried out within the restricted area(s), as shown in Figure 2 and Table 1 attached to this
Permit, in order to avoid any direct physical removal of the coral colonies
found within the cable corridor as recorded by the dive survey submitted in support
of the marine ecological survey presented in the Project Profile.
2.6
Dredging
operation shall not be carried out within the restricted area(s), as shown in Figure 3 and Table 2 attached to this
Permit, in order to avoid any direct impact to the anomaly, which may be a
shipwreck or antiquity, found within the cable corridor as recorded by the dive
survey submitted in support of the side scan sonar survey presented in the
Project Profile.
2.7
The
Director shall be informed within 24 hours in the event that dredging operation
finds any shipwreck or antiquity. To avoid any direct impact to the findings,
dredging operation shall not be carried out in the vicinity of that shipwreck
or antiquity before implementation of proper mitigation measures. Prior to
implementation of mitigation measures, the Permit Holder shall submit a
proposal of these measures including, among others, the revision of cable
alignment to avoid that shipwreck or antiquity, for the Director’s approval.
The proposal shall comprise two hard copies and one electronic copy in the
format as specified in Condition 1.12. An antiquity is defined in the
Antiquities and Monuments Ordinance (Cap. 53).
Notes :
1. This Environmental Permit consists of three parts, namely, Part A (Main Permit), Part B (Descriptions of Designated Project) 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. If there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13 of the Environmental Impact Assessment Ordinance (the “Ordinance”) to the Director for a variation of the conditions of this Environmental Permit. The Permit Holder shall replace the original Permit displayed on the construction site, by the amended Permit.
4. A person who assumes responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the Ordinance to the Director for a further Environmental Permit.
5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled shall be removed from the display at the construction site.
6. If this Permit is cancelled or surrendered during the 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.
7. 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 of indictment to a fine of $2 million and imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $5 million and imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and 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 that the offence continued.
8. 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.
9. 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-132/2002
Figure 1 | Figure 2 | Figure 3
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