Section 10

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 to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Country Parks Ordinance (Cap. 208), Occupational Safety and Health Ordinance (Cap.509) and Factories and Industrial Undertakings Ordinance (Cap.59). 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 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 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 and constructed in accordance with the information and all recommendations described in the approved EIA Report (Register No. AEIAR-061/2002), 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 submissions approved 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.

1.9      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 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.

1.10     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).

1.11     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.

2.    Specific Conditions

2.1        No works of the Project shall be carried out outside the hatched area as shown in the Figure 1 of this Permit.

2.2        No haul road shall be formed for carrying out the works of the Project unless otherwise agreed by the Director.

2.3       Details of drilling fluid additives confirming that they will not contaminate the water gathering grounds shall be deposited with the Director one months before commencement of the works of Project.

2.4        Lined sump or other facilities agreed by the Director shall be provided at each ground investigation site to catch all waste fuel and lubricant.

2.5        No fuel or oil shall be stored within the Country Parks.

2.6       Site run-off from the Project shall be properly controlled to prevent pollution or siltation to the streams. Details of controlling site run-off shall be deposited with the Director at least two weeks before commencement of the works of Project.

2.7        All ground investigation sites shall be re-instated to the original profile. Turfing or hydro-seeding shall be applied to re-establish the vegetation cover.

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.         If there is a breach of any conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment Transport and Works, 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 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 the Environment, Transport and Works, 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 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 Schedule 2 of the Ordinance without a valid environmental permit.

7.         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.

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-145/2002

環境許可證編號EP-145/2002