Environmental Permit No. EP-144/2002
環境許可證編號
EP-144/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT DESIGNATED PROJECTS
建造指定工程項目的的環境許可證
PART A (MAIN PERMIT)
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment
Ordinance (EIAO), the Director of Environmental Protection (the Director)
grants this environmental permit to the Civil Engineering Department (hereinafter
referred to as the “Permit Holder”) to construct the designated projects
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(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﹕
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Application No. 申請書編號 |
AEP-144/2002 |
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Documents in the Register 登記冊上的文件 |
(1)
Tai O
Sheltered Boat Anchorage – Environmental and Drainage Impact Assessment -
Environmental
Impact Assessment – Final Assessment Report -
Environmental
Monitoring and Audit Manual -
Environmental
Impact Assessment – Executive Summary (Register
No.: AEIAR-036/2000) [Hereinafter referred to as “the EIA Report”]
(登記冊編號：AEIAR-036/2000) [下稱 “環評報告”] (2)
The
Director’s letter of approval of the EIA Report dated 12 July 2000 (ref: An(1)
to EP2/N9/C21) (3)
Application
documents for environmental permit including all attachments submitted by the
Permit Holder on 14 August 2002 (Application No. AEP-144/2002). 許可證持有人於2002年8月14日提交的環境許可證申請文件包括所有附件(申請書編號：AEP-144/2002) |
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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 PROJECTS)
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 |
Tai O Sheltered Boat Anchorage [The above designated
project is hereinafter referred to as “the Project”] 大澳船隻碇泊保護區 [這指定工程項目下稱 “工程項目”] |
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Nature of Designated Project 指定工程項目的性質 |
1.
A typhoon shelter designed to provide moorings for not less than 30
vessels. 2.
A dredging operation exceeding 500 000 m3 |
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Location of Designated Projects 指定工程項目的地點 |
Tai O, Lantau. The
location of the Project is shown in Figure 1 attached to this Permit. 大嶼山大澳。工程項目的地點載於本許可證圖1。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction of 4 ha.
sheltered boat anchorage for small boats/fishing vessels including a
breakwater of about 350m long and associated marine access channels,
construction of 0.23 ha. promenade including landing steps, formation of
about 0.22 ha. of land for future bus terminus, site formation and associated
engineering works for a mangrove planting area in the disused Tai O salt pans
and restoration of the existing historic seawall of about 630m. 建造面積4公頃、供小艇/漁船使用的船隻碇泊保護區，包括約長350米的防波堤及相關的船舶進出航道，建造面積0.23公頃的散步長廊附連登岸梯級，開拓約0.22公頃土地供日後興建巴士總站，在已荒置的大澳鹽田進行工地平整工程及相關工程，以提供栽種紅樹林的用地，以及修復約630米現有具歷史價值的海堤。 |
PART C (PERMIT CONDITIONS)
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 the Noise Control Ordinance
(Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control
Ordinance (Cap.358) 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 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 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.
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 recommendations
described in the EIA report (Register No. AEIAR-036/2000); 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. All submissions or any variation of the
submissions shall be certified by the Environmental Team (ET) Leader and
verified by the Independent Environmental Checker (IEC) referred to in
Conditions 2.1 and 2.2 below, before submitting to the Director under the
Permit.
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.
Submissions or Measures
before Commencement of Certain Parts of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of construction of the Project. The ET shall be headed by an ET
Leader. The ET Leader shall be a
person who has at least 7 years’ experience in environmental monitoring and auditing
(EM&A) or environmental management.
The ET team and the ET Leader shall be responsible for the duties
defined in the EM&A Manual submitted and approved under Condition 2.3 of
this Permit. The ET Leader shall
be responsible for the implementation of the EM&A programme in accordance
with the EM&A requirements as contained in the EM&A Manual. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the environmental impact assessment and each
and every non-compliance with the recommendations of the EIA Report (Register
No. AEIAR-036/2000) or this Permit. The ET Leader shall notify the IEC within one working day of
the occurrence of any such instance or circumstance or change of
circumstance. The ET Leader’s log-book
shall be kept readily available for inspection by all persons assisting in
supervision of the implementation of the EIA Report recommendations and this
Permit or by the Director or his authorized officers. Failure to maintain records in the log-book,
failure to discharge the duties of the ET Leader as defined in the EM&A
Manual or failure to comply with this Condition would entitle the Director to
require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make
replacement, or further failure to keep contemporaneous records in the log-book
despite the employment of a new ET Leader may render the Permit liable to
suspension, cancellation or variation.
The ET shall not be in any way an associated body of the Independent
Environmental Checker (IEC) for the Project.
2.2
An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of construction of the Project.
The IEC shall be a person who has at least 7 years’ experience in environmental
monitoring and audit (EM&A) or environmental management. The IEC shall be responsible for duties
defined in the EM&A Manual submitted and approved under Condition 2.3 of
this Permit, and shall audit the overall EM&A programme described in the
EIA Report (Register No. AEIAR-036/2000), including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
and any other submissions required under this Permit. In addition, the IEC
shall be responsible for verifying the environmental acceptability of permanent
and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s)
mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working
day of receipt of notification from the ET Leader of each and every occurrence,
change of circumstances or non-compliance with the EIA Report (Register No.
AEIAR-036/2000) or this Permit, which might affect the monitoring or control of
adverse environmental impact. Where
the IEC fails to so notify the Director of the same, fails to discharge the
duties of the IEC as defined the EM&A Manual or fails to comply with this
Condition, the Director may require the Permit Holder by notice in writing to
replace the IEC. Failure to
replace the IEC as directed or further failure to so notify the Director
despite employment of a new IEC may render the Permit liable to suspension,
cancellation or variation. Notification
by the Permit Holder is the same as notification by the IEC for the purpose of
this Condition. The IEC shall not
be in any way an associated body of the Contractor or the Environmental Team
for the Project.
Submission of the Environmental Monitoring and Audit
(EM&A) Manual
2.3
No
later than one month before the commencement of construction of the Project,
the Permit Holder shall submit to the Director for approval four hard copies
and one electronic copy of an EM&A Manual for the construction of the Project. The EM&A Manual shall include,
among others, the archaeological monitoring of dredging operation (i.e.
archaeological watching brief).
Before submission to the Director, the EM&A Manual shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report or the Environmental Review Report as submitted on 14 August 2002
as part of the application documents referred in Part A of the Permit. All measures recommended in the approved
EM&A Manual shall be fully and properly implemented in accordance with the
requirements and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved under this
Condition shall hereinafter be referred to as the “EM&A Manual”.
Submission of Construction Noise
Mitigation Proposal
2.4
The Permit Holder shall, at least two weeks before the
commencement of construction of the Project, deposit with the Director four
hard copies and one electronic copy of construction noise mitigation proposal
to mitigate the construction noise impact arising from the Project on the Tai O
Primary School at Tai O Market Street. The proposal shall indicate the exact
locations and details of the temporary noise barriers and the arrangement of
the number and type of equipment, procedure and sequence of construction. The
submission shall be certified by the ET leader and verified by the IEC as
conforming to the information and recommendations contained in the
Environmental Review Report as submitted on 14 August 2002 as part of the
application documents referred in Part A of the Permit.
3. Submissions or Measures for the Construction of
Certain Parts of the Project
Management
Organization of Main Construction Companies
3.1
The
Permit Holder shall, within one month after the commencement of construction of
the Project, inform the Director in writing the management organization of the
main construction companies and/or any form of joint ventures associated with the
construction of the Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Measures to Mitigate Water Quality
Impacts during Construction
3.2
Only grab dredgers shall be used for dredging marine sediments in
Tai O Bay. No more than two grab dredgers shall be operated simultaneously in
Tai O Bay for the Project.
3.3
No more than two conveyor barges for sanding filling activities
shall be operated simultaneously in Tai O Bay for the Project.
3.4
Material placement and reworking in the disused Tai O salt pans
shall only be undertaken during low tidal conditions (i.e. when the bed of the
salt pans is exposed to the air), unless otherwise approved by the Director.
3.5
All materials placed in the disused Tai O salt pans shall be
spread and mixed with the existing bed material before completion of the day’s
works to avoid material stockpiling.
Measures to Mitigate Ecological and
Fisheries Impacts during Construction
3.6
The following mangrove protection measures shall be implemented
prior to the commencement of any construction works within the disused Tai O
salt pans as indicated in Figure 2 of this Permit for mangrove preservation:
(i)
Mangroves shall be protected as clusters and these clusters shall
be identified, numbered and mapped out as shown in Figure 2 of this Permit.
(ii)
The preserved cluster shall be fenced off using nets (or screens)
with bamboo sticks.
(iii)
The identified preserved cluster shall be flagged to provide a
visual reminder to the construction works.
3.7
The flags and fences used for mangrove preservation as described
in Condition 3.6 (iii) of the Permit shall be removed after the earth works
within the disused Tai O salt pans are completed.
3.8
The bund modification scheme of the mangrove planting area in the
disused Tai O salt pans as described in Appendix A of the Permit shall be fully
implemented, unless otherwise approved by the Director.
3.9
Dredged materials shall be placed in the disused Tai O salt pans
in accordance with the specified levels in the Mangrove Formation Plan as shown
in Figure 3 of this Permit, unless otherwise approved by the Director. Four hard copies and one electronic
copy of the as-built formation plan of the mangrove planting area shall be
deposited with the Director within one month after the completion of materials
placement and reworking in the mangrove planting area. Before submission to the
Director, the as-built formation plan for the mangrove planting area shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the
Environmental Review Report as submitted on 14 August 2002 as part of the
application documents referred in Part A of the Permit.
3.10
The outermost layer (facing) of the breakwater of the Project
shall be consisted of armour rocks or other natural rocks to simulate natural
boulders or rocky shore.
Measures to Mitigate Cultural Heritage
Impacts
3.11
The outer layer (facing) of the re-constructed seawall shall
consist of old stones/rocks/boulders/other suitable materials of the existing
outer historic seawall as shown in Figure 4 of this Permit.
4.1
The EM&A programme during construction shall be implemented as
set out in the EM&A Manual approved under Condition 2.3 of this Permit. Any
changes to the EM&A programme shall be justified by the IEC or ET Leader as
conforming to the requirements set out in the EM&A Manual, and shall be approved
by the Director.
4.2
Samples and measurements shall be taken in accordance with the
requirements of the EM&A Manual by:
(a)
conducting baseline
monitoring as set out in the EM&A Manual; and
(b)
conducting impact monitoring
as set out in the EM&A Manual.
4.3
Four
hard copies of the Baseline Monitoring Report and one electronic copy in the
formats as specified in Condition 5.1 below shall be submitted to the Director at
least two weeks before the commencement of construction of the Project. The
submission shall be certified by the ET leader and verified by the IEC. Additional copies of the submission
shall be provided to the Director upon request from the Director.
4.4
Four
hard copies and one electronic copy of monthly EM&A Reports shall be
submitted to the Director within 2 weeks after the end of the reporting month. The
submission shall be certified by the ET leader and verified by the IEC. Additional copies of the submission
shall be provided to the Director upon request from the Director.
4.5
To
ensure a high degree of transparency regarding the monitoring data and results
in view of the public concern about the Project, all environmental monitoring
and audit data and results, the approved EM&A Manual and all submissions
and all performance test data and results required by this Permit shall be made
available by the Permit Holder to the public through a dedicated web site to be
set up by the Permit Holder under Condition 5.2 below, in the shortest possible
time and in no event later than 2 weeks after such information is available.
4.6
All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
4.7
The
actions described in the Event/Action Plans of the EM&A Manual shall be
fully and properly carried out, in accordance with the time frame(s) set out in
the Event/Action Plan, or as agreed by the Director.
4.8
Records of measurements and remedial actions taken under
Conditions 4.2 and 4.7 respectively of this Permit shall be logged and kept,
within 3 working days of the collection of data or completion of remedial
action, for the purpose of preparing and submitting the EM&A Reports and
making the information available for inspection on site or as requested by the
Director.
4.9
The Permit Holder shall relay all environmental complaints
regarding construction works to the Environmental Team and IEC in accordance
with the EM&A Manual.
5. Electronic
Reporting of EM&A Information
5.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIA Ordinance Internet Website and at the EIA
Ordinance Register Office, electronic copies of these Reports 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 as
described in Conditions 4.3 and 4.4 of this Permit. For the HTML version, a content page capable of providing
hyperlink to each section and sub-section of the EM&A Reports shall be
included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the
EM&A Reports shall be provided in the main text from where the respective
references are made. All graphics
in the report shall be in interlaced GIF format unless otherwise agreed by the
Director. The content of the
electronic copies of these Reports shall be the same as the hard copies.
5.2 The
Permit Holder shall, set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed, within six weeks after the commencement of construction
of the Project. All environmental
monitoring results described in Condition 5.1 above shall be made available to
the public via a dedicated web site to be set up by the Permit Holder in the
shortest possible time and in no event later than 2 weeks after the relevant
environmental monitoring data are collected or become available, unless
otherwise agreed with the Director.
5.3 The internet website as described in
Condition 5.2 above shall enable user-friendly public access to the monitoring
data and project data including the EIA report and the environmental permit(s)
and project profile of the Project.
The internet website shall have features capable of : -
(a) providing access to
all environmental monitoring data collected since the commencement of work;
(b) searching by date;
(c) searching by types
of monitoring data (air quality and construction waste); and
(d) hyperlinks to
relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes :
1.
This Environmental 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 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 authorised officer may, with the consent of the Secretary
for the Environment, Transport and Works (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
authorised 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, 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 implementation 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.
Appendix A |
Figure 1 |
Figure 2 |
Figure 3 |
Figure 4