Environmental Permit No. EP-160/2003
環境許可證編號 EP-160/2003
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 PART OF THE
DESIGNATED PROJECT
建造及營辦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 CLP Power Hong Kong Limited (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第10條的規定，環境保護署署長(署長)將本環境許可證批予中華電力有限公司(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：
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AEP-160/2003
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Document in the Register: 登記冊上的文件：
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(1) Project Profile – “Cable Trough at Ma On Shan Country Park Near Tower 7” (Register No. PP-182/2002) 工程項目簡介– 馬鞍山郊野公園內近第7號電纜塔電纜槽工程 (登記冊編號：PP-182/2002) |
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(2) Application documents including all attachments submitted by the Permit Holder on 13.2.2003 (Application No. AEP-160/2003) 申請文件包括許可證持有人於2003年2月13日提交的所有附件 (申請書編號 AEP-160/2003) [下稱「申請書」] |
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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
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Letter Reference : (25) in EP2/K14/Q/11 信件檔號 : (25) in EP2/K14/Q/11
Date : 29 January 2003 日期 : 2003年1月29日 |
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11 March 2003 |
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Date 日期 |
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(Elvis Au) Assistant Director of Environmental Protection (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 (DESCRIPTIONS OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the description of the designated projects 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 Projects 指定工程項目的名稱
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Cable Trough at Ma On Shan Country Park Near Tower 7 [this is referred hereafter as “the Project”]
馬鞍山郊野公園內近第7號電纜塔電纜槽工程 [本指定工程項目下稱「工程項目」]
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Nature
of Designated Projects
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Replacement of electrical cable within gazetted country park.
更換一段位於郊野公園內的132千伏地底電纜。
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Location of Designated Project 指定工程項目的地點 |
At the foot of Kowloon Peak near Clearwater Bay Road. The location of the project is shown in Figure 1 attached to this Permit. 飛鵝山腳清水灣道旁。圖 1 顯示工程項目的位置。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍
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Replacement of a section of 50 m underground cable within Ma On Shan Country Park. The Project involves trench excavation, construction of cable trough, cable laying, backfilling and reinstatement works and landscaping works.
更換一段位於馬鞍山郊野公園內長約50米的132千伏地底電纜。工程包括坑道挖掘、興建混凝土電纜槽、電纜鋪設、回填和修復工程、和景觀美化工程。
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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 (EIA) 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 (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) 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 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 EIA Ordinance Register Office.
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 and operate the Project as described 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 recommendations described in the Project Profile (Register No. PP-182/2002); other relevant documents in the Register; and the information or mitigation measures described 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 The Permit Holder shall notify the Director in writing the commencement date of the Project at least one month before the commencement of the 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.
1.9 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 be constructed at the location as shown in Figure 1 of this Permit to minimize damage to the woodland areas outside the work boundary.
2.2 Prior to the commencement of trench excavation, temporary chunam J-channels shall be installed immediately upslope of the trench works to prevent washout of temporary stockpiled excavated materials. The J-channel shall be connected to the existing slope drainage system.
2.3 Throughout the construction of the Project, excavated materials shall be stockpiled on the downslope side of the trench and the excavated materials that are suitable for backfilling on-site or in other projects shall be reused as far as practicable.
2.4 The mitigation measures to control dust and construction site runoff as stated in the Project Profile (Register No. PP-182/2002) shall be fully implemented throughout the construction of the Project.
2.5 No later than three months after the completion of the cable installation work, 1:1 compensatory planting shall be provided with the same or other native tree species and in number not less than the number of trees felled.
2.6 After the completion of cable installation work, the area affected by the Project shall be reinstated and hydroseeded, with erosion control mat or similar material to prevent erosion and washing away of the seeds.
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.