Environmental Permit No. EP-148/2002
環境許可證編號
EP-148/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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 (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the GEOTECHNICAL
ENGINEERING OFFICE (GEO) / WORKS DIVISION, CIVIL ENGINEERING DEPARTMENT
(hereinafter referred to as the "Permit Holder") to construct 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土木工程署轄下土力工程處/工程部 (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。本環境許可證是依據下列文件、批准或許可而簽發：
|
Application No. 申請書編號 |
AEP-148/2002 |
|
Document in the Register : 登記冊上的文件: |
1.
Project
Profile - 工程項目簡介 - 2.
Application
documents including all attachments submitted by the Permit Holder on 26
October 2002 (Application No.: AEP-148/2002) 許可證持有人於2002年10月26日提交的申請文件包括所有附件 (申請書編號: AEP-148/2002) |
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Application No. 申請書編號 |
AEP-148/2002 |
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|
Director's
Permission to Apply Directly for Environmental Permit |
Letter
Reference: EP2/N9/Q/100 Date:
3 October 2002 |
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|
21 November 2002 |
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Date 日期 |
|
(Elvis W. K. AU) Assistant Director (Environmental Assessment and Noise) for 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
(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:
|
Title of Designated Project 指定工程項目的名稱 |
10-Year
Extended Landslip Preventive Measures (LPM) Project, Phase 2, Package G –
Outlying Islands; Investigation, Design and Supervision of Landslip
Preventive Works on Government Slopes and Related Studies. [This
designated project is hereinafter referred to as "the Project"] 延續十年的防止山泥傾瀉計劃第二期第G組 – 離島 勘察、設計及監督政府斜坡之防止山泥傾瀉工程及有關研究。 [這工程項目下稱"工程項目"] |
|
Nature of Designated Project 指定工程項目的性質 |
To
carry out landslip preventive works which include earthworks for slopes
within country park. 在郊野公園內進行防止山泥傾瀉工程，包括土木工事。 |
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Location of Designated Project 指定工程項目的地點 |
Along
South Lantau Road and Keung Shan Road near Shek Pik Reservoir, Lantau Island.
The location of the Project is shown in Figure 1 and 2 of this Permit. 大嶼山嶼南道及羌山道近石璧水塘。工程項目的位置見載於本許可證夾附的圖1及2。 |
|
Scale and Scope of Designated Project |
Landslip
preventive measures on 9 substandard government slopes, numbered 13NW-B/C80,
13NW-B/C82, 13NE-A/C98, 13NE-A/C99, 13NE-A/C100, 13NE-A/C101, 13NE-A/C102,
13NE-A/C108 and 13NE-A/C133, falling within Lantau South Country Park. The
project consists of a broad scope of works including earthworks, installation
of soil nails and raking drains, drainage improvement works, rock slope stabilization
measures and landscaping works. 在南大嶼郊野公園範圍內為9個低於標準的斜坡〔編號：13NW-B/C80，13NW-B/C82，13NE-A/C98，13NE-A/C99，13NE-A/C100，13NE-A/C101，13NE-A/C102，13NE-A/C108及13NE-A/C133〕進行廣泛的防止山泥傾瀉工程，包括土木工事、裝設泥釘、鞏固石坡措施、改善排水工程和景觀美化工程。 |
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), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance
(Cap.208). This Permit does not of itself constitute any ground of defense
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 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
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’s
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 recommendations described in the Project Profile (Register No.
PP-174/2002), 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 deposited 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 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. 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 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 Project shall only be constructed at the locations as hatched and
coloured in Figures 1 and 2 of this Permit.
2.2
The Permit Holder shall, based on the relevant measures stipulated in
the Water Supplies Department’s “Conditions of Working within Water Gathering
Grounds” and the Environmental Protection Department’s guidelines in the
Professional Persons Environmental Consultative Committee Practice Note
(ProPECC PN) 1/94 “Construction Site Drainage”, deposit a proposal on site
run-off control with the Director at least 4 weeks before the commencement of
construction of the Project. The proposal shall also include without limitation
a Contingency Plan to deal with unexpected circumstances of pollution of Shek
Pik Reservoir and the stream courses flowing into the reservoir, the details of
on-going surveillance and monitoring activities for the implementation of the
mitigation measures and an action plan listing out the responsibilities and
actions of all related personnel in the Project to avoid or minimize the water
quality impact.
2.3
The Permit Holder shall closely supervise the Project to ensure that
the recommendations in the proposal submitted under Condition 2.2 are
implemented. The Permit Holder shall carry out environmental audit with a
frequency of at least once per week during the construction of the Project to
ensure that all the environmental mitigation measures described in the Project
Profile (Register No.: PP-174/2002) and this Permit and the actions described
in the action plan of the proposal submitted under Condition 2.2 are
implemented. Four hard copies and one soft copy of the monthly environmental
audit report shall be submitted to the Director within 2 weeks after the end of
the reporting month. All environmental audit results submitted shall be true,
valid and correct.
2.4
No site canteen shall be erected on the Project site.
2.5
No natural stream shall be disturbed or diverted during the
construction of the Project unless otherwise approved by the Director.
2.6
To protect the rare species (Enkianthus quinqueflorus), no work
shall be allowed in the area shown in Figure 3 of this Permit. No personnel of
the Project shall access the area.
2.7
The Permit Holder shall employ a qualified horticulturist responsible
for the transplantation of Enkianthus quinqueflorus at the slope
numbered 13NW-B/C80 and the determination of the appropriate native species for
compensation in case of failure of the transplantation. The qualified
horticulturist shall also monitor and maintain the trees for 1 year after the
completion of the construction of the Project.
2.8
To mitigate visual impact, current shotcrete cover in the Project shall
be removed and replaced by vegetative surface in the form of hydroseeding with
shrubs or tree seedlings as appropriate. No steel maintenance access stairs
shall be provided in the Project except for the slope numbered 13NW-B/C80.
Landscaping measures described in Appendix A shall be implemented. The Permit
Holder shall deposit with the Director 3 hard copies and 1 soft copy of the
landscape plan for the Project at least 4 weeks before the commencement of landscape
works 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. 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-148/2002
環境許可證編號EP-148/2002
Appendix A (as
referred to in Condition 2.8)
Outline of the Landscaping
Measures
|
Slope No. |
Landscape
Mitigation Proposal |
|
13NE-A/C98 |
Hydroseeding with shrubs
and erosion control mat |
|
13NE-A/C99 |
Fence off and protect
areas of no works to preserve existing vegetation. Hydroseeding with shrubs
and erosion control mat. |
|
13NE-A/C100 |
Hydroseeding with shrubs
and erosion control mat |
|
13NE-A/C101 |
Fence off and protect
areas of no works to preserve existing vegetation. Hydroseeding with shrubs
and erosion control mat. |
|
13NE-A/C102 |
Hydroseeding with shrubs
and erosion control mat. Whip planting at feature crest. |
|
13NE-A/C108 |
Hydroseeding with shrubs
and erosion control mat. Compensatory tree planting comprising native shrubs and
ground cover trees. Construction of toe planter for additional planting to
screen the slope. |
|
13NE-A/C133 |
Hydroseeding with erosion
control mat for soil portions and maintain the bare rock appearance of rock
portions. Construction of toe planter for additional planting to screen the
slope. |
|
13NW-B/C80 |
Hydroseeding with shrubs
and erosion control mat. Planting of additional native shrubs will be
undertaken to compensate for the loss of Enkianthus quinqueflorus
should the transplantation fails. |
|
13NW-B/C82 |
Hydroseeding with shrubs
and erosion control mat. Whip planting at the crest. |
Figure 1 |
Figure 2 |
Figure 3