Environmental Permit
No. EP-142/2002
環境許可證編號EP-142/2002
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 (EIAO), the Director of Environmental Protection (the
Director) grants this environmental permit to the TERRITORY DEVELOPMENT
DEPARTMENT (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拓展署 (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。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-142/2002 |
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Document in the Register : 登記冊上的文件 |
1.
Environmental Impact Assessment for Tin Shui Wai Development
Engineering Investigations for Development of Area 3, 30 & 31 of the
Development Zone and Reserve Zone -
Final Assessment Report -
Executive Summary -
Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register
No. EIA-108/BC) 2.
Application for Environmental Permit dated 12 June 2002 (Application
No. AEP-142/2002) 1. 天水圍發展區第3,30,31區及預留區工程研究環境影響評估 -
最終評估報告 -
摘要報告 -
環境監察及審核手冊 下稱“環評報告”(登記冊編號EIA
–108/BC) 2.
許可證持有人於2002年6月12日提交的環境許可證申請文件(申請書編號AEP-142/2002) |
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July 2002 |
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Date 日期 |
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(K. S. Chan) Acting Assistant Director (Environmental Assessment and Noise) for Director of Environmental
Protection 環境保護署署長 署理助理署長(環境影響評估及噪音)陳錦新代行 |
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PART B (DESCRIPTION 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 |
Village Flood Protection Works for Sheung Cheung Wai. [This
designated project is hereinafter referred to as “the Project”]. 上璋圍鄉村防洪工程。 [本指定工程項目下稱“工程項目”]
。 |
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Nature of Designated Project 指定工程項目的性質 |
To construct and operate a stormwater drainage system.
建造及營辦一個雨水排水系統。 |
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Location of Designated Project 指定工程項目的地點 |
East
of Ping Ha Road and Tin Fuk Road in Sheung Cheung Wai, Ping Shan, Tin Shui
Wai. The location of the Project site is shown in Figure 1 of this Permit.
天水圍屏山屏夏路及天福路以東的上璋圍。工程項目的地點展示於本許可證圖1內。 |
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Scale and
Scope of Designated Project |
The project comprises of the construction and
operation of :
1.
270m
long, 1m x 1m covered
channel; 2.
170m
long, 0.9m x 0.5m covered channel; 3.
230m
long, 2m x 2m box culvert; 4.
110m
long, 1m x 1.2m covered channel; 5.
30m long,
0.7m x0.9m covered channel. The
extent and limit of the proposed works are shown in Fig.1 of this permit. 工程項目包括建造及營辦： 1. 270米長，横切面為１米x１米的地下排水渠; 2. 170米長，横切面為0.9米x0.5米的地下排水渠; 3. 230米長，横切面為2米x2米的箱形暗渠; 4. 110米長，横切面為1米x1.2米的地下排水渠; 5. 30米長，横切面為0.7米x0.9米的地下排水渠。 建議的工程規模及範圍，見載於本許可證圖1。 |
1. General Conditions
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) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself
constitute any ground of defence against any proceedings instituted under any
legislation or 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 and 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 and operation of the Project and shall mean the same
hereafter.
1.5 The Permit Holder shall display
conspicuously a copy of this Permit on the Project 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 Project site(s).
1.6 The Permit Holder shall construct and
operate the Project in accordance with the project description 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 EIA Report (Register No. EIA-108/BC),
other relevant documents in the Register, the information and mitigation
measures described in this Permit, 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, and 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 as specified by the Director.
1.9 All submissions approved by the Director,
all submissions deposited without comments by the Director, and 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 (Cap.499).
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, 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 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.
1.12 The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project at
least 4 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. Mitigation Measures During Construction Phase
2.1 For any works of
the Project to be carried out within 75m of the monuments at Tsui Shing Lau
Pagoda, Kun Ting Study Hall or Ching Shu Hin, the Permit Holder shall submit a
Vibration Monitoring Plan for the Director’s agreement at least 4 weeks prior
to the commencement of relevant works. The vibration monitoring to the monument(s)
shall be conducted in accordance with the agreed Vibration Monitoring Plan and
ensure a vibration threshold limit of 2mm/s peak particle velocity has been adhere
to. If vibration monitoring to the monument(s) is conducted, a monthly Vibration Monitoring Report shall be
deposited to the Director within 2 weeks of the end of the reporting month.
2.2 The Permit Holder shall deposit to the
Director 2 sets of programme plan and works schedule of the Project at least 4
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 construction programme.
2.3 To
mitigate the cultural heritage and archaeological impacts during construction,
the Permit Holder shall inform the Director immediately
if any antiquities are discovered during the course of the construction works.
Notes:
註
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. 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 Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed
on the Project site by the amended permit.
4. A
person who assumes the 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
Permit shall be removed from display at the Project site.
6. If
this Permit is cancelled or surrendered during construction, operation and
decommission 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 I of Schedule 2
of the Ordinance without a valid environmental permit.
7. Any
person who constructs, operates or decommissions 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.
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.
10. Occupational
safety and health issues are governed by the Occupational Safety and Health
Ordinance (Cap. 509), and Factories and Industrial Undertakings Ordinance (Cap.
59). The Permit Holder is advised
to contact the Labour Department for requirements relating to occupational
safety and health issues.
Environmental Permit No. EP-142/2002
環境許可證編號