Environmental Permit No. EP-194/2004
環境許可證編號 EP-194/2004
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO OPERATE A DESIGNATED PROJECT
營辦指定工程項目的環境許可證
A部 (許可證主要部分)
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）將環境許可證編號EP-194/2004
批予MTR Corporation Limited (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-194/2004 |
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Document in the Register : 登記冊上的文件: |
Project Profile - "Proposed
Modifications to the Existing Ventilation Shafts of the MTRC Kowloon
Station" 地鐵有限公司九龍站通風井改善工程" (登記冊編號：PP-219/2004 )
The Director's letter
of permission to apply directly for environmental permit dated 24
July 2004 (Reference: Ax(17) to EP2/N9/A/18) 環境保護署署長於2004年7月24日發出批准直接申請環境許可證的信件(檔案編號：Ax(17)to
EP2/N9/A/18)
Application for Environmental
Permit submitted on 2 August 2004 (Application No. AEP-194/2004)
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August 2004 |
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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 |
Proposed modification
to the existing ventilation shafts of the MTRC Kowloon Station (This designated
project is hereafter referred to as “the Project”) 議建地鐵有限公司九龍站通風井改善工程(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 |
Due to operational
requirement, two ventilation shafts (N1 and S1) located at the northern and
southern side of the existing podium of the MTRC Kowloon Station shall be
modified. 為符合營運需求，位於地鐵九龍站現有平台南北兩面的通風井
(N1及S1) 須進行改善工程。 |
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Location of Designated
Project 指定工程項目的地點 |
The podium of the MTRC
Kowloon Station. 地鐵九龍站平台 The location of the Project
is shown in Figure 1 of
this Permit. |
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Scale and Scope of Designated
Project |
The purpose of the
ventilation system is to supply and exhaust air for passenger safety and
comfort. The fans connected to
the vents are located under the ventilation shafts and connected to the
trackway or platform. The proposed
modification involves reducing the heights of the ventilation shaft, changing
the direction of the discharge from sideways to upward, and installation of
silencers for ventilation shafts N1 and S1. 裝置通風系統的目的，是為地鐵站進氣和抽氣，以便為乘客提供安全和舒適的環境。通風口的風扇現設於通風井之下，與路軌和月台連接。建議進行的改善工程，包括降低通風井的高度、把側向的排氣口改向上，以及為通風井N1及S1加裝滅聲器。 |
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), and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute
any ground of defence 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-219/2004); other documents
in the Register, and the information and mitigation measures described in
this Permit. 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 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.
1.9
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 Permit Holder
shall use only quiet equipment, such as saw cutting and core drilling machine,
to remove the excessive part of the ventilation shafts N1 and S1.
2.2
The Permit Holder
shall erect mobile noise barriers with surface density of at least 20 kg/m2
or equivalent acoustic performance on the platform on ventilation shafts N1
and S1 to enclose the blade saw cutting machine and core drilling machine
during removal of excessive parts of the ventilation shafts so that there
is no direct line-of-sight of the blade saw cutting machine and core drilling
machine when observed from the nearby sensitive receivers at the podium of
the MTRC Kowloon Station, including the residential developments “Sorrento”,
“The Waterfront”, “Victory Arch”, and “The Harbour Side”.
2.3
The Permit Holder
shall install silencers for ventilation shafts N1 and S1.
2.4
The final heights
of the ventilation shafts N1 and S1 shall not exceed 22.90 mPD.
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 or operation 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 or operate
a designated project listed in Schedule 2 of the Ordinance without a valid
environmental permit.
7.
Any person who constructs or
operates 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
(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-194/2004
環境許可證編號EP-194/2004
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