Environmental Permit No. EP-199/2004
環境許可證編號 EP-199/2004
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 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 ANTIQUITIES AND
MONUMENTS OFFICE, LEISURE AND CULTURAL SERVICES 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
康樂及文化事務署古物古蹟辦事處
(下稱”許可證持有人”)，以建造B部工程項目，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-199/2004 |
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Document in the Register : 登記冊上的文件:
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1.
Project Profile - 工程項目簡介 -
2. Application for
Environmental Permit submitted by the Permit Holder on 20 September 2004
(Application No.: AEP-199/2004) 許可證持有人於2004年9月20日提交的申請文件 (申請書編號: AEP-199/2004)
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Application No. 申請書編號 |
AEP-199/2004 |
|||
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Director's Permission to Apply Directly for
Environmental Permit
|
Letter
Reference: (13) in EP2/N7/Q/41
Date:
16 September 2004 |
|||
|
|
October 2004 |
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Date 日期 |
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(Simon HUI) Ag. 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)
許一鳴代行) |
|
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
|
Major
repair to Tang Chung Ling Ancestral Hall, Lung Yeuk Tau, Fanling. [This
designated project is hereinafter referred to as "the
Project"] 粉嶺龍躍頭松嶺鄧公祠維修工程。 [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
|
Building
works within a site of cultural heritage. 於文化遺產地點進行建築工程。
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Location of Designated Project 指定工程項目的地點
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Lung
Yeuk Tau, Fanling. The location of the Project is shown in
Figure 1 of this Permit. 粉嶺龍躍頭。工程項目的位置見載於本許可證夾附的圖一。
|
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Scale and Scope of Designated Project |
To
reconstruct the roof, to carry out internal and external redecorations
and to undertake minor repairs and restorations to Tang Chung Ling
Ancestral Hall, Lung Yeuk Tau, Fanling. 重建粉嶺龍躍頭松嶺鄧公祠的屋頂、修飾祠堂內外部，並進行其他相關的小型維修及復修工作。 |
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
Aof
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-224/2004) in the EIA Ordinance
Register, the information and 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 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.
1.9
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
To minimize construction impacts to the Tang Chung
Ling Ancestral Hall and the adjacent Tin Hau Temple, only hand-held power
tools and hand-held manual tools shall be used for carrying out the repair
works of the Project.
2.2
The Permit Holder shall monitor and supervise all the
building works to ensure that the historic value and architectural features of
the Ancestral Hall will be kept intact.
2.3
No works shall be carried out outside the premises of
the Ancestral Hall or encroached upon the Tin Hau Temple.
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-199/2004
環境許可證編號 EP-199/2004
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