Environmental Permit No. EP-211/2005
環境許可證編號 EP-211/2005
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)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance,
the Director of Environmental Protection (the Director) grants this Environmental
Permit to the Yuen Long Fish Merchants’ Association Limited (the
"Permit Holder") to operate the designated project described in
Part
B subject to the conditions described in or attached to
Part
C.
This Permit of the Pond Fish
Wholesale Market will only be valid for a maximum of twelve months operation
period (from 1st April 2005 to 31st March 2006). This
Environmental Permit will be revoked once the Tenancy Agreement of the Pond
Fish Wholesale Market at Yuen Long Planning Area 12 between the Permit Holder
and the Hong Kong Special Administrative Region is terminated by the Lands
Authority.
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第10條的規定，環境保護署署長(署長)將本環境許可證批予元朗鮮魚業批發商會有限公司(許可證持有人)以營辦B部所說明的指定工程項目，但須遵守C部所說明或附載的條件。
本供營辦塘魚批發市場的許可證有效期最長為12個月(由2005年4月1日至2006年3月31日)。在地政監督終止許可證持有人與香港特別行政區就元朗第12規劃區塘魚批發市場簽訂的租約時，本許可證將即時撤銷。
本環境許可證乃依據下列文件、批准或許可而簽發﹕
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Application
No. 申請書編號 |
AEP-211/2005 |
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Document
in the Register : 登記冊上的文件： |
1. West Rail – Final Assessment
Report 西部鐵路—最終評估報告 西九龍至屯門中心— 環境影響評估及其技術附件報告第一冊 [下稱“環評報告”] 2. Environmental
Permit Issued – Permit No.:VEP-01/2000/A/EP-047 issued on 13 March 2000. 已簽發的環境許可證-許可證編號:
VEP-01/2000/A/EP-047 於2000年3月13日簽發 3. Environmental Permit Issued – Permit No.:
EP-055/2000 issued on 1 April 2000. 已簽發的環境許可證-許可證編號:
EP-055/2000於2000年4月1日簽發 4. Environmental Permit Issued – Permit No.:
EP-161/2003 issued on 21 March 2003. 已簽發的環境許可證-許可證編號:
EP-161/2003於2003年3月21日簽發 5. Environmental Permit Issued – Permit No.: EP-188/2004
issued on 1 April 2004. 已簽發的環境許可證-許可證編號: EP-188/2004於2004年4月1日簽發 |
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Date 日期 |
(Elvis W.K. AU) Assistant Director of Environmental Protection (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
(DESCRIPTIONS 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:
下列為本環境許可證A部所提及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 |
Pond Fish
Wholesale Market in Yuen Long 元朗塘魚批發市場 [Hereafter referred to as the Project] [下稱“工程項目”] |
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Nature of
Designated Project |
Operate a temporary Pond
Fish Wholesale Market for 12 months. (from 1st
April 2005 to 31st March 2006). 營辦一個臨時塘魚批發市場12個月(由2005年4月1日至2006年3月31日止)。 |
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Location of Designated
Project 指定工程項目的地點 |
Yuan Long Area 12. The location of the project is shown in 1 of this Environmental
Permit. 元朗第12區。工程項目的地點載於本環境許可證的圖1。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Operate a temporary
dual-storey fish trading market on a site of approximately 6000 m2 for 12 months from 1st
April 2005 to 31st March 2006.
在一幅約6000平方米的土地上營辦一個臨時雙層魚類批發市場12個月(由2005年4月1日至2006年3月31日止)。 |
1
General Conditions
1.1 The Permit
Holder shall ensure full compliance with all conditions of this environmental
permit (the Permit). Any non-compliance with this Permit may constitute a
contravention of the Environmental Impact Assessment Ordinance (Cap.499) and
shall be definite ground for enforcement action or permit cancellation where
applicable.
1.2 This Permit
shall not remove the responsibility of the Permit Holder to comply with any
legislation currently in force such as the Noise Control Ordinance (Cap. 400),
Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance
(Cap. 358), Dumping at Sea Ordinance (Cap. 466), the
Waste Disposal Ordinance (Cap. 354) and other.
1.3 The Permit
Holder shall make copies of this Permit available at all times for inspection
by the Director at all sites covered by this Permit.
1.4
The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site.
1.5 The Permit Holder shall display a copy of this Permit at all vehicular site entrances/exits or at a convenient location of the Pond Fish Wholesale Market for public information at all times. The Permit Holder shall ensure that the most updated information about the environmental permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a
or the whole of the Permit, the notice he sends to the Director of Environmental
Protection shall also be displayed at the same locations as the original Permit.
1.6
A
copy of the EIA Report shall be kept in the Pond Fish Wholesale Market’s site
office for reference.
1.7
The
Permit Holder shall operate the Project in accordance with the conditions
described in Part C of this Permit.
1.8
The
Permit Holder shall ensure that the Project is operated in accordance with the
information and recommendations contained in the EIA Report, the requirements
in environmental permit No. VEP-01/2000/A/EP-047
and the requirements of this environmental permit.
2. Measures
to Ensure the Environmental Performance of the Project
2.1 Within the
twelve month operation period of the Pond Fish Wholesale Market, the Permit
Holder shall permit the staff, and/or the agent, of the Kowloon Canton Railway Corporation (KCRC), to
enter the site with or without equipment/machinery and install monitoring
device(s) to monitor the environmental performance of the Pond Fish Wholesale
Market.
2.2 Within
the twelve month operation period of the Pond Fish Wholesale Market, the Permit Holder shall liaise with KCRC and implement
any additional environmental mitigation measures to the Director’s satisfaction
to ensure the environmental performance of the Pond Fish Wholesale Market.
2.3 Within the
twelve month operation period of the Pond Fish Wholesale Market, should the
Director consider the operation of the Pond Fish Wholesale Market unlikely to
achieve the requirements of the EIA Study Report for the noise sensitive
receiver(s) at Yuen Long Planning Area 12 and 15, the Permit Holder shall allow the staff, and/or the agent of the KCRC, to
enter the site at all times, with or without equipment and machinery, to implement
additional environmental mitigation measures upon receiving written notice
issued by the Director. The additional mitigation measures may include, but not
necessarily be limited to, the followings:
i) Relocation of
the loading/unloading bays of the Pond Fish Wholesale Market to the east side
of the site;
ii) Retrofit the
market structure to ensure there is no opening or only insulated opening along
the western façade. This may include retrofitting a cover and boundary walls to
mitigate noise impacts on adjacent noise sensitive receiver(s);
iii) Provision of
additional mechanical ventilation to ensure the dilution of odour
and prevent the accumulation of vehicle exhaust fumes.
3. Measures
To Be Implemented During the Operation Period
3.1 The Permit Holder shall implement measures described
in Annex
A to mitigate
the air quality impacts.
3.2 The Permit Holder shall implement measures described
in Annex
B to mitigate
noise impacts.
3.3 The Permit Holder shall implement measures described
in Annex
C to mitigate
water quality impacts.
3.4 The Permit Holder shall implement measures described
in Annex
D to mitigate
the waste impacts.
Notes:
1.
This
environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description
of Designated Project) and PART C (Permit Conditions).
2.
The
Permit Holder may apply under section 13 of the Environmental Impact Assessment
Ordinance to the Director for a variation of the conditions of this
environmental permit. The Permit Holder shall replace the original permit
displayed on the construction site, by the amended permit.
3.
A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under section 12 of the Ordinance to the Director for a further environmental
permit.
4.
Under
section 14 of the Ordinance, the Director with the consent of the Secretary for
Environment, Transport and Works, may suspend, vary or cancel this
environmental permit. The cancelled permit shall be removed from the
display on the operation site.
5.
If
this permit is cancelled or surrendered during the operation, an environmental
permit must be obtained under the Ordinance before the operation of the project
could be continued. It is an offence under section 26(1) of the Ordinance
to construct or operate a designated project without an environmental permit.
6.
All
submissions as required under this permit shall be deposited in the
Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre,
7.
Any
person who operates the designated project contrary to the conditions in this
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. Under section 17
of the EIA Ordinance, the applicant may appeal to the Appeal Board against the
Director’s decision within 30 days of receipt of this environmental permit.
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