Environmental Permit No. EP-164/2003
環境許可證編號 EP-164/2003
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 DESIGNATED PROJECT
建造指定工程項目的環境許可證
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, 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(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：
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Application No. 申請書編號
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AEP-164/2003 |
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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 10 March 2003 (Application No.: AEP-164/2003) 許可證持有人於2003年3月10日提交的申請文件包括所有附件 (申請書編號: AEP-164/2003)
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Application No. 申請書編號
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AEP-164/2003 |
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Director's Permission
to Apply Directly for Environmental Permit
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Letter Reference: EP2/G/Q/126 信件檔號: EP2/G/Q/126
Date:
5 March 2003 |
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April 2003 |
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Date 日期 |
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(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:
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Title of Designated Project 指定工程項目的名稱
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Landslide Mitigation Works Against Natural Terrain Hazards in Tung Wan and Sha Tin Heights – Design and Construction, Tung Wan Landslide Mitigation Works. [This designated project is hereinafter referred to as "the Project"]
東灣及沙田嶺天然山坡災害防護工程設計及施工，東灣天然山坡災害防護工程。 [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
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To carry out landslip hazard mitigation works which include earthworks and maintenance access at natural hillslopes within country park. 在郊野公園內的天然山坡進行災害防護工程，包括土木工事和維修通道。
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Location of Designated Project 指定工程項目的地點
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Hillslopes above Tung Wan Hostel and Mak Law Shui Wah School, Tung Wan Lantau. The location of the Project is shown in Figure 1 of this Permit. 大嶼山東灣的東灣宿舍和莫羅瑞華學校對上的山坡。工程項目的位置見載於本許可證夾附的圖1。
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Scale and Scope of Designated Project |
Landslide hazard mitigation works including earthworks, installation of soil nail, concrete check dam and flexible boulder fence, drainage works and maintenance access road works.
山坡災害防護工程，包括土木工事、裝設泥釘、擋土堤和柔性防石欄、排水工程和維修通道工程。
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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-185/2003), 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 location as indicated in Figure 1 of this Permit.
2.2 All disturbed areas shall be re-instated upon the completion of the construction of the Project. Tree planting on slope in form of seedling or tree seeds in hydroseed mix shall be applied to re-establish the vegetation cover.
2.3 To mitigate the visual and landscape impact, trees shall be planted along the maintenance access road and the concrete check dam. External finishes of built structures such as concrete check dam and flexible boulder fence shall be properly designed and treated by using natural material. The Permit Holder shall, at least 4 weeks before the commencement of landscape and visual mitigation works of the Project, deposit with the Director 3 hard copies and 1 soft copy of Landscape Mitigation Proposal. The Landscape Mitigation Proposal shall consist of landscape layouts of scale 1 to 200 or other appropriate scale as agreed by the Director, detailed treatment of the concrete check dam and flexible boulder fence, planting schedules, tree surveys and measures to protect trees to be retained on site during construction. All landscape and visual mitigation measures recommended in the Landscape Mitigation Proposal shall be fully implemented. The Permit Holder shall, within 4 weeks after the completion of landscape and visual mitigation works of the Project, deposit with the Director 3 hard copies and 1 soft copy of the photo record of the completed mitigation works.
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-164/2003
環境許可證編號EP-164/2003