Environmental Permit No. EP-213/2005
環境許可證編號 EP-213/2005
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED
PROJECT
建造及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 (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the MTR CORPORATION LIMITED (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地鐵有限公司(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:
Application No. 申請書編號 |
AEP-213/2005 |
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Document in the Register : 登記冊上的文件: |
1.
Project Profile
– “Provision of a Temporary
Helipad at Tea Garden, Ngong Ping for the Tung Chung Cable Car Project ” (Register No.: PP-241/2005) 工程項目簡介 ― “昂坪茶園臨時直升機升降場(東涌吊車項目)” (登記冊編號:PP-241/2005) 2.
The Director’s
letter of permission to apply directly for environmental permit dated 22
March 2005 referenced EP2/N9/Q/83 環境保護署署長於二○○五年三月二十二日發出准許直接申請環境許可證的信件檔案編號EP2/N9/Q/83 |
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Document in the Register : 登記冊上的文件: |
3.
Tung Chung
Cable Car Project -
Environmental Impact Assessment Report (Final) -
Environmental Impact Assessment - Executive Summary -
Environmental Monitoring and Audit Manual Hereinafter referred to as the
“EIA Report” (Register No. : AEIAR-074/2003) 東涌吊車項目 -
環境影響評估報告(最終) -
環境影響評估報告 - 行政摘要 -
環境監察及審核手冊 下稱“環評報告”(登記冊編號AEIAR-074/2003) 4.
The Director’s
letter of approval of the EIA Report dated 9 June 2003 referenced EP2/N9/Q/83 環境保護署署長於二○○三年六月九日發出批准環評報告的信件檔案編號EP2/N9/Q/83 5.
Application for
Environmental Permit dated 23 March 2005 (Application No.: AEP-213/2005) 許可證持有人於二○○五年三月二十三日提交的許可証申請文件(申請書編號:AEP-213/2005) |
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20 April 2005 |
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Date 日期 |
|
(Simon
Y. M. HUI) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任 許一鳴代行) |
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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:
Title of Designated Project 指定工程項目的名稱 |
Provision
of a Temporary Helipad at Tea Garden, Ngong Ping for the Tung Chung Cable Car
Project (This
designated project is hereafter referred to as “the Project”) 昂坪茶園臨時直升機升降場(東涌吊車項目)
(本指定工程項目下稱“工程項目”) |
Nature of Designated Project 指定工程項目的性質 |
Provision
of a temporary helicopter landing pad and refueling stop within 300m of
residential development and in a conservation area at Ngong Ping. 於住宅發展三百米內和昂坪自然保育區內,設立一個臨時直升機升降點和燃料補給站 |
Location of Designated Project 指定工程項目的地點 |
Tea
Garden, Ngong Ping. 昂坪茶園 The
location of the Project is shown in Figure
1 of this Permit. |
Scale and Scope of Designated Project |
The
Project mainly consists of the formation of a temporary helipad, with area confined
to 20m x 20m, for the use and refueling of 1 or 2 helicopters. 工程項目主要興建一個面積20米 x 20米內的臨時直升機升降場,以供一或兩架直升機使用和補給燃料 |
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), Dangerous Goods Ordinance (Cap.
295), Civil Aviation Ordinance (Cap. 448) and Waterworks Ordinance (Cap. 102).
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 and
operation 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-241/2005), the approved EIA Report (Register No. AEIAR-074/2003),
and other relevant documents in the 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 one month of the receipt of the
Director’s comments or otherwise specified by the Director.
1.9
All submissions approved by
the Director, all submissions deposited without comments by the Director,
or 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
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.
1.12
The Permit Holder shall notify the Director
in writing the commencement dates of construction and operation of the Project
prior to the commencement of construction and operation of the Project. The
Permit Holder shall notify the Director in writing immediately if there is any
change of the commencement dates of the construction and operation.
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 and operated at the location indicated in
Figure 1 of this Permit. The area
of the Project shall not be more than 20m x 20m.
2.2 No
temporary access or haul road shall be formed outside the Project site for
carrying out the works of the Project. No construction materials shall be
stockpiled outside the Project site. No tree outside the Project site shall be
felled.
2.3 No
area within the Project site shall be paved with concrete.
2.4 Helicopter
“LAMA” as recommended in the Project Profile (Register No. PP-241/2005) shall
not be used in the Project. Only the helicopter “KAMOV KA-32A12” as recommended
in the Project Profile (Register No. PP-241/2005) or other quieter
helicopter(s) as agreed by the Director shall be used in the Project. No more
than one helicopter shall be operated within the Project site at any time.
2.5 The
operation of the Project shall be ceased after eight months from the
commencement of operation of the Project.
2.6 No
operation of the Project shall be carried out between 7:00 p.m. and 7:00 a.m.
of the following day and at any time on Sundays and public holidays.
2.7 No helicopter
used in the Project shall be operated outside the flight envelope as recommended
in the Project Profile (Register No. PP-241/2005) and indicated in Figure
2 of this Permit.
2.8 No
more than 4000 litres of aviation fuel shall be stored within the Project site.
The storage containers of the aviation fuel shall be housed in a temporary
waterproof structure. Floor of the temporary structure shall be properly design
with holding capacity of not less than 4000 litres to retain any accidentally
spilled aviation fuel.
2.9 The emergency
plan developed for the Tung Chung Cable Car Project detailing the emergency
response procedures shall be implemented for the Project to deal with
accidental leakage and spillage of aviation fuel when such instance or
circumstance occurs.
2.10 No waste, spoil,
excavated materials or materials alike arising from the Project shall be dumped
in the environmentally sensitive areas including the Lantau North Country Park,
the Lantau South Country Park, the Ngong Ping Site of Special Scientific
Interest, the Lantau Peak Special Area & Site of Special Scientific
Interest and the conservation area at Ngong Ping.
2.11 The Project site
and all affected area shall be reinstated by appropriate hydroseeding and
vegetation planting to the original profile within two months after the
cessation of operation of the Project.
2.12 The Environmental
Monitoring and Audit (EM&A) programme for the Tung Chung Cable Car Project
shall be extended and implemented to include the Project. Helicopter noise
shall be regularly measured at the D. G. Davis Hostel to verify the noise
levels and the effectiveness of the helicopter noise mitigation measures. The
Permit Holder shall, no later than one week before commencement of operation of
the Project, deposit with the Director four hard copies and one electronic copy
of an updated EM&A Manual. The updated EM&A Manual shall include the
monitoring and audit requirements, the Event/Action Plans and the complaint
handling for helicopter noise.
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 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 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.
Under Section 26(2) of the Ordinance, a person who contravenes
conditions in this Permit does not commit an offence if he carries out such an
action in response to an emergency and in the interests of public safety or
public health.
10.
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.
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