Environmental Permit No. EP-216/2005
環境許可證編號 EP-216/2005
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 Sun Hung Kai Real Estate Agency 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新鴻基地產代理有限公司(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：
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Application No. 申請書編號 |
AEP-216/2005 |
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Document in the Register : 登記冊上的文件: |
1.
Project Profile – “Proposed Improvement Works at
Ma Wan Tung Wan Beach” (Register No.: PP-242/2005) 工程項目簡介 ― “建議中馬灣東灣改善工程”（登記冊編號：PP-242/2005） 2.
The Director’s letter of permission to apply
directly for environmental permit dated 30 March 2005 referenced (27) in Ax(1)
to EP2/N9/C/94 環境保護署署長於二○○五年三月三十日發出准許直接申請環境許可證的信件檔案編號 (27) in Ax(1) to EP2/N9/C/94 3.
Application for Environmental Permit submitted by
the Permit Holder on 11 April 2005
(Application No. AEP-216/2005) 許可證持有人於二○○五年四月十一日提交的環境許可證申請（申請書編號：AEP-216/2005） |
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9 May 2005 |
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Date 日期 |
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(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:
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Title of Designated Project 指定工程項目的名稱 |
Proposed Improvement Works at Ma Wan Tung Wan Beach (This designated project is hereafter referred to as
“the Project”) 建議中馬灣東灣改善工程（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 |
The Project involves reclamation works of more than
1 ha in size and a boundary of which is less than 500 m from the nearest
boundary of the existing Ma Wan Tung Wan Beach 工程項目包括面積超過1公頃的填海工程，而其一條界線距離現有的馬灣東灣泳灘的最近界線少於500米 |
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Location of Designated Project 指定工程項目的地點 |
Ma Wan Tung Wan Beach The location of the Project is shown in Figure
1 of this Permit. 馬灣東灣泳灘 |
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Scale and Scope of
Designated Project |
Expansion of the sandy area of the existing Ma Wan
Tung Wan Beach from about 3,400 m2 to about 15,000 m2
by sand filling 進行填沙工程使現有的馬灣東灣泳灘的沙面面積由約3,400平方米增加至約15,000平方米 |
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), Dumping at Sea Ordinance (Cap. 466) 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 authorised 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 refers to
site 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 descriptions 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-242/2005), 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 as 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
date of construction of the Project 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.
1.13
For the purpose of this Permit, “commencement of construction” does not
include works related to site clearance and preparations, or other works as
agreed by the Director.
2. Specific
Conditions
2.1
Sand filling
work shall only be allowed during the non-bathing season with the beach closed
for use by the public
2.2
A standing type
silt curtain as proposed in the project profile shall be erected to fully
enclose the Tung Wan Beach at all time throughout the sand filling operation
as well as any construction under water. The silt curtain shall be installed
from the water surface to the seabed level as shown in Figure
2 and Figure 3 and be regularly
maintained.
2.3
An Environmental
Monitoring and Audit (EM&A) Manual as proposed in the Project Profile (Register
No. PP-242/2005) shall be deposited with the Director of Environmental
Protection at least 2 weeks prior to commencement of the sand filling works. Water
quality monitoring shall be carried out in accordance with the Manual
throughout the project implementation period and a period of 2 weeks after the
completion of sand filling. Baseline water quality monitoring shall be
conducted 2 weeks before commencement of the sand filling works.
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 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.
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