Environmental Permit No. EP-189/2004
環境許可證編號 EP-189/2004
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 OGC Golf City (Division of Profit Mass Ltd.) (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》(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OGC Golf City (Division of Profit Mass Ltd.) (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 |
AEP-189/2004 |
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Document in the Register : 登記冊上的文件:
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(1) Project Profile – “Proposed Temporary Golf Facility at Kai Tak Runway ” (Register No.: PP-207/2004) 工程項目簡介― “啟德機場跑道中之臨時高爾夫球場” (登記冊編號：PP-207/2004)
(2) The Director’s letter of permission to apply directly for environmental permit dated 26 March 2004 (Reference: (48) in Ax(2) to EP2/K19/O/04) 環境保護署署長於2004年3月26日發出批准直接申請環境許可證的信件(檔案編號: (48) in Ax(2) to EP2/K19/O/04))
(3) Application for Environmental Permit submitted on 31 March 2004 (Application No. AEP-189/2004) 許可證持有人於2004年3月31日提交的許可証申請文件 (申請書編號: AEP-189/2004)
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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: ( 48) in Ax(2) to EP2/K19/O/04 信件檔號: (48) in Ax(2) to EP2/K19/O/04
Date: 26 March 2004 日期: 2004年3月26 日 |
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20 April 2004 |
[Original Signed] |
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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”)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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Proposed Temporary Golf Facility at Kai Tak Runway (This designated project is hereafter referred to as “the Project”) 啟德機場跑道中之臨時高爾夫球場 (本指定工程項目下稱“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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Transform part of an existing driving range at the Kai Tak Runway into a 9-hole temporary golf facility as an interim use of the Project site.
把現時位於啟德機場跑道的部分高爾夫球練習場改為9洞臨時高爾夫球場，作為工程項目工地的暫定用途。 |
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Location of Designated Project 指定工程項目的地點
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Kai Tak Runway, Kai Fuk Road, Kowloon Bay 九龍灣啟福道啟德機場跑道
The location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內
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Scale and Scope of Designated Project |
The proposed work involves the construction of a 9-hole temporary golf facility of about 6.87 hectares in size and operation of the Project from 7:00a.m. to 12:00 midnight everyday.
建議工程包括建造面積約6.87公頃的9洞臨時高爾夫球場，以及每天上午七時至午夜十二時營辦工程項目。 |
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), Plant (Importation and Pest Control) Ordinance (Cap. 207), Pesticides Ordinance (Cap. 133). 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 and operate 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, constructed and operated in accordance with the information and recommendations described in the Project Profile (Register No. PP-207/2004); other documents in the Register, and the information and mitigation measures described in this Permit, or mitigation measures to be recommended in submissions that shall be deposited or approved by the Director as a result of permit conditions contained in this Permit; or 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 as specified by the Director.
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, and 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 week 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 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 Permit Holder shall construct the Project with flood-controlled landscape feature with continuous earth berm of at least one metre in height along the catchments boundaries as shown in Figure 2 to contain the total runoff without creating any discharge beyond the golf course area.
2.2 The Permit Holder shall submit a turfgrass management plan (TMP) to the Director for approval no later than two weeks before the operation of the Project. The TMP shall be prepared by a competent personnel trained in the theory and practice of turf grass management and maintenance. The TMP shall cover in sufficient detail on, but not limiting to, the following aspects:-
(i) Integrated Pest Management methodology (including type, dosage, frequency of application of biological pest control agents);
(ii) Fertilizers usage (including the type, dosage, frequency of application of fertilizers);
(iii) Water quality monitoring and audit; and
(iv) Reporting schedule to the Director.
2.3 No chemical fertilizers shall be used within the catchment boundary of the golf course area as shown in Figure 2.
2.4 No chemical pesticides shall be used within the catchment boundary of the golf course area as shown in Figure 2.
2.5 The Permit Holder shall not operate any outdoor sport light for the illumination of the Project from midnight to 7:00a.m..
2.6 The Permit Holder shall operate all outdoor sport lights for the illumination of the Project such that light rays emitted by the lighting fixtures are projected below the horizontal plane passing through the lowest point on the lighting fixture from which light is emitted. For this purpose, shielding structures such as baffles, louvers, shades, cowl or skirt, as well as careful positioning of the lighting fixtures, are examples that can be considered.
2.7 The height of the masts on which the outdoor sport lights for the illumination of the Project are installed shall not exceed six metres when measured from their base.
2.8 The Permit Holder shall retain a competent personnel trained in the theory and practice of outdoor sport lighting and illumination to manage and oversee the implementation and maintenance of the illumination requirements and system for the duration of the Project, to ensure compliance with Conditions 2.5, 2.6 and 2.7 and to undertake any necessary mitigation measures to address public concerns on possible unacceptable glare and uncomfortable eye feeling brought on by the outdoor sport lights and illumination system for the Project as far as practicable.
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-189/2004
環境許可證編號EP-189/2004