| Environmental Permit No. | EP-196/2004 |
| 環 境 許 可 證 編 號 | EP-196/2004 |
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 Landslip preventive
measures division 3, gEOTECHNICAL ENGINEERING OFFICE, civil ENGINEERING and
development 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拓展署轄下土力工程處/防止山泥傾瀉部3 (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：
|
Application No. 申請書編號 |
AEP-196/2004 |
|
Document in the Register : 登記冊上的文件: |
1.
Project Profile - 工程項目簡介 - 2.
Application for
Environmental Permit submitted by the Permit Holder on 11 August 2004
(Application No.: AEP-196/2004) 許可證持有人於2004年8月11日提交的申請文件 (申請書編號: AEP-196/2004) |
|
Application No. 申請書編號 |
AEP-196/2004 |
|||
|
Director's Permission
to Apply Directly for Environmental Permit |
Letter
Reference: (18) in EP2/G/Q/133 Pt.1 Date:
22 July 2004 |
|||
|
September 2004 |
|
||
|
Date 日期 |
|
(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) |
|
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:
|
Title of Designated Project 指定工程項目的名稱 |
Agreement
No. CE 75/2001 (GE), 10-Year Extended LPM Project, Phase 3, Package C, Kowloon
and Northern New Territories Landslip Preventive Works on Government Slopes
and Related Studies – Investigation, Design and Construction. [This
designated project is hereinafter referred to as "the Project"] 合約編號CE75/2001 (GE) 延續十年的防止山泥傾瀉計劃第三期第C組，位於九龍及新界北的斜坡之防止山泥傾瀉工程 - 勘測、設計及建造。 [這指定工程項目下稱"工程項目"] |
|
Nature of Designated Project 指定工程項目的性質 |
To
carry out landslip preventive measures for government slopes at Northern New
Territories involving earthworks within country parks and conservation areas.
在新界北的政府斜坡上進行防止山泥傾瀉工程，涉及在郊野公園及自然保育區內之土木工事。 |
|
Location of Designated Project 指定工程項目的地點 |
Along
Bridge’s Pool Road, at Kau Tam Tso and Sheung Wo Hang. The location
of the Project is shown in
Figures 1 to 5 of this Permit. 新娘潭路沿線、九担租和上禾坑一帶。工程項目的位置見載於本許可證夾附的圖一至圖五。 |
|
Scale and Scope of Designated Project |
Landslip
preventive measures on 5 government slopes (Features Nos. 3NE-C/CR181,
3SE-B/C131, 3SE-B/C67, 3SE-B/C51 & 3NE-C/C223). The works comprises
installation of soil nails, construction of toe walls and landscaping
works. Refer to Figures 6
to 10 for details. 在五個政府斜坡上進行防止山泥傾瀉工程〔編號：3NE-C/CR181, 3SE-B/C131,
3SE-B/C67, 3SE-B/C51 & 3NE-C/C223〕。 工序包括裝設固土釘、石坡鞏固措施及景觀美化工程。細節請參閱圖六至圖十。 |
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 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-216/2004) in
the EIA Ordinance 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 submissions, as required under
this Permit, shall be rectified and resubmitted in accordance with the
comments, if any, made by the Director, within two weeks of the receipt of the
Director’s comments or otherwise specified by the Director.
1.9
All submissions approved 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 locations
as indicated in Figures 1 to 5 of
this Permit.
2.2
The
Permit Holder shall submit to the Director for approval at least 4 weeks before
commencement of construction 3 sets of the proposal on mitigation measures for
in-situ protection of the mature camphor trees and other species of
conservation importance within the works area of the project. Any
transplantation or other measures shall be justified in the submission. All
recommendations as described in the approved submission shall be fully
implemented.
2.3
The Permit Holder shall submit to the Director for
approval at least 4 weeks before commencement of works 3 sets of detailed
monitoring programme for the bats recorded in area close to Feature No.
3NE-C/C223. The proposal shall include the following information:
(i)
information of the baseline survey and monitoring program;
(ii)
mitigation measures including constraints of construction
activities & periods and other measures to reduce disturbance during the construction
period;
(iii)
details of the bat-houses, for example, configuration of
the bat-houses (ie. size and shape), locations of the bat-houses to be
installed, schedule of the installation and preparation works required; and
(iv)
contingency measures if the above proposed mitigation
measures are found to be infeasible or unsuccessful.
All recommendations as described in the approved
submission shall be fully implemented.
2.4
The
application of sprayed concrete at Feature No. 3NE-C/C223 shall be kept to the
minimum necessary to meet safety and engineering standards. The Permit Holder
shall submit to the Director for approval at least 4 weeks before commencement
of construction 3 hardcopies and 1 electronic copy of landscape proposal for Feature
No.3NE-C/C223. The landscape proposal shall include the locations, design
details, implementation programme, maintenance and management schedules, and
drawings at the scale of 1:200 or other appropriate scale showing the landscape
and visual mitigation measures. The measures shall include landscape and
compensatory planting and sensitive design of the engineering slopes, and
demonstrate that the landscape and visual aspects of the project will be
compatible with the existing natural environment. All recommendations described
in the approved submission shall be fully implemented.
2.5
Either
chemical toilets or other types of sewage treatment facilities without local
discharge of wastewater shall be used to handle the foul water effluent arising
from the project sites.
2.6
Site
hoarding of at least 2m high shall be erected along the site boundary of
Feature No. 3NE-C/C223 to protect the adjacent declared monument Kang Yung
Study Hall during construction.
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-196/2004
環境許可證編號 EP-196/2004
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