Environmental Permit No. EP-149/2002
環境許可證編號
EP-149/2002
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 (the EIAO), the Director of Environmental
Protection (the Director) grants this environmental permit to the GEOTECHNIAL
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-149/2002 |
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Document in the Register 登記冊上的文件 |
(1) Project Profile – “10-Year Extended LPM
Project, Phase 2, Package G – Outlying Islands Features in Sok Kwu Wan, Lamma
Island” (Register No.: PP-176/2002) (1) 工程項目簡介 – “延續十年之防止山泥傾瀉計劃第二期G組南丫島索罟灣斜坡” (登記冊編號：PP-176/2002) (2) Application
documents including all attachments submitted by the Permit Holder on 13
November 2002 (Application No. AEP-149/2002) (2) 許可證持有人於2002年11月13日提交申請文件包括所有附件(申請書編號﹕AEP-149/2002) |
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Director’s Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證 |
Letter
Reference: (29) in EP2/N9/Q/101 信件檔號：(29) in EP2/N9/Q/101 Date:
6 November 2002 日期：2002年11月6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 |
10-Year Extended LPM Project, Phase 2,
Package G – Outlying Islands Features in Sok Kwu Wan, Lamma Island [This designated project is hereinafter
referred to as “the Project”.] 延續十年之防止山泥傾瀉計劃第二期G組南丫島索罟灣斜坡 [本指定工程項目下稱“工程項目”] |
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Nature of Designated Project |
To carry out within the conservation area
landslip preventive works which include earthworks for slopes 在自然保育區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 |
Sok Kwu Wan, Lamma
Island. The location of the Project is shown in Figure 1 attached to this
Permit. 南丫島索罟灣。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 指定工程項目的規模和範圍 |
Landslip preventive works on 2 substandard
government slopes (numbered 15NW-C/C3 and 15NW-C/C4) falling within the
Conservation Area at Sok Kwu Wan, Lamma Island. The Project consists of works
including earthworks, installation of soil nails, rock slope stabilization
measures (for slope no. 15NW-C/C3 only), drainage improvement works and
landscape works. 在南丫島索罟灣自然保育區內為2個低於標準的斜坡(編號：15NW-C/C3和15NW-C/C4)進行防止山泥傾瀉工程，包括土木工事、裝設泥釘、鞏固岩石坡措施(只限於斜坡15NW-C/C3)、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), Dumping at
Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 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-176/2002),
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 submission.
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
preparations, or other works as agreed by the Director.
2. Specific Conditions
Slope No. 15NW-C/C3
2.1
To prevent the public from trespassing into and to maintain the moist
vegetated area as a suitable habitat for Romer’s Tree Frogs below the slope, a
fence shall be erected before the commencement of construction in accordance
with Figure 2 attached to this Permit, and be maintained
in place throughout the construction period.
2.2
To minimize the disturbance to this moist vegetated area below the
slope, a temporary staging shall be erected before the commencement of
construction at the toe of the slope as shown in Figure 2 attached to this
Permit. The Permit Holder shall maintain the temporary staging in place throughout
the construction period in accordance with the details stated in Appendix A.
2.3
To protect the secondary forest behind the slope, the landslip
preventive works shall not encroach into the secondary forest beyond the site
boundary shown in Figure 2 attached to this Permit.
2.4
The Permit Holder shall employ an ecologist with at least 3 years
of direct experience in surveying, handling and caring for captive Romer’s Tree
Frogs, to carry out the proposed mitigation measures to minimize impacts on
Romer’s Tree Frogs at the moist vegetated area below the slope.
2.5
The proposed mitigation measures stated in Condition 2.4 shall
include measures to protect Romer’s Tree Frogs to be specified in the Translocation
Manual and to be agreed in accordance with Condition 2.6. The mitigation
measures in the Project Profile and to be proposed in the Translocation Manual
shall be fully implemented.
2.6
The Translocation Manual to be prepared in accordance with
Condition 2.8 shall be submitted to the Director for agreement at least 2
months before the commencement of the baseline survey. Five hard copies and one
electronic copy of the agreed manual shall be provided to the Director.
Condition 1.12 on the submission of the electronic copy shall be observed.
2.7
The baseline survey shall commence not less than 8 weeks before
the commencement of construction. The duration of the baseline survey shall not
be less than 8 weeks.
2.8
To reduce the potential stress on Romer’s Tree
Frogs and to facilitate proper implementation of the proposed mitigation
measures, the ecologist, on behalf of the Permit Holder, shall prepare a
detailed Translocation Manual for the translocation
exercise for the Romer’s Tree Frogs. The manual shall include:
Baseline Survey,
Collection and Transportation of Romer’s Tree Frogs before
Construction
(a)
A detailed time schedule for conducting the baseline survey and the translocation of Romer’s Tree Frogs, eggs and
tadpoles;
(b)
Detailed arrangements for collecting Romer’s Tree Frogs, eggs and
tadpoles;
(c)
Arrangements
for transporting Romer’s Tree Frogs, eggs and tadpoles from the moist vegetated area
below the slope to the facility for keeping and breeding them (hereinafter referred to as the "Holding
Facility");
Keeping
Romer’s Tree Frogs in Captivity
(d)
The work schedule and set-up requirement of the Holding Facility
to keep and breed Romer’s Tree Frogs, eggs and
tadpoles;
Water Quality Monitoring at the Moist Vegetated Area
below the Slope during Construction
(e)
Methods
to determine the acceptable range of water quality at the moist vegetated area
below the slope and details of potential mitigation measures to be implemented
in case water quality deteriorates during the landslip preventive works;
Releasing Romer’s Tree Frogs back to the Moist Vegetated
Area below the Slope after Construction
(f)
Methods
to determine the acceptability of the moist vegetated area below the slope for
the release of captive Romer’s Tree Frogs after completing the landslip preventive works;
(g)
Arrangements
for transporting Romer’s Tree Frogs from the Holding Facility to the moist vegetated
area below the slope;
(h)
Contingency
measures if the establishment of Romer’s Tree Frogs at the moist vegetated area below the slope is
found to be infeasible or unsuccessful; and
(i)
Arrangements
to monitor Romer’s
Tree Frogs after release.
Slope No. 15NW-C/C4
2.9
To avoid
encroachment of the landslip preventive works into the woodland behind the
slope, a fence shall be erected before the commencement of construction in
accordance with Figure 3 attached to this Permit, and be maintained in place
throughout the construction period.
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-149/2002
環境許可證編號 EP-149/2002
Appendix A (as referred to in Condition 2.2)
The temporary staging at slope no. 15NW-C/C3
Indicative details for the
temporary staging is illustrated in Figure 4 attached to this Permit. In
particular, the following features shall be complied with:
1.
To minimize disturbance to the moist vegetated area below the
slope due to the erection of the temporary staging, the footing and other
support for the temporary staging shall not be placed more than 3m from the toe
of the slope. (Indicative details of temporary staging in Figure 4)
2.
To prevent run-off contaminated by grouts, chemicals or other
artificial agents used in the landslip preventive works from entering the moist
vegetated area at the toe of the slope, the gap between the slope face and the
temporary staging shall be sealed off where there is a potential for spillage
of or run-off contamination by the above contaminants. (Detail 1 in Figure 4)
3.
To collect and divert contaminated water away from the moist
vegetated area below the slope, a temporary drainage system shall be provided
for the temporary staging. (Detail 2 in Figure 4)
Figure 1 |
Figure 2 |
Figure 3 |
Figure 4