環境許可證編號 EP-222/2005
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 (the EIAO), the Director of Environmental Protection (the Director) grants this Environmental Permit to Civil Engineering and Development Department (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(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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application No. 申請書編號：
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AEP-222/2005
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Document in the Register: 登記冊上的文件：
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(1) Project Profile – “Improvement Works to Tung Ping Chau Public Pier” (Register No. PP-222/2004) 工程項目簡介 – “東平洲公眾碼頭改善工程” (登記冊編號：PP-222/2004)
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(2) Application for Environmental Permit submitted by the Permit Holder on 30.6.2005(Application No. AEP-222/2005) 許可證持有人於2005年6月30日提交的環境許可證申請(申請書編號 AEP-222/2005)
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Director’s Permission to Apply Directly for Environmental Permit 署 長 准許直接申請環境許可證
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Letter Reference : (24) in EP2/N5/Q/42 信件檔號 : (24) in EP2/N5/Q/42
Date : 7 September 2004 日期 : 2004年9月7日 |
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28 July 2005 |
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Date 日期 |
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(Mr. Louis P.L. CHAN) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 陳檳林先生代行) |
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PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the description of the designated projects 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 Projects 指定工程項目的名稱
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Improvement Works to Tung Ping Chau Public Pier [this is referred hereafter as “the Project”] [本指定工程項目下稱「工程項目」]
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Nature of
Designated Projects
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Reconstruction of the catwalk and rubble causeway of the existing Tung Ping Chau Public Pier and improving the facilities of the pier. 重建現有東平洲公眾碼頭的步橋和堤道，以及改善碼頭的設備。
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Location of Designated Project 指定工程項目的地點 |
Tung Ping Chau Public Pier at the northeastern coast of Tung Ping Chau. The location of the Project is shown in Figure 1 of this Permit. 在東平洲東北岸的東平洲公眾碼頭。工程項目的位置見載於本許可證夾附的圖1。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍
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The scope of the Project includes the following works as shown in Figure 1 and 2 attached to this Permit : (i) setting up of a temporary site office; (ii) demolition of the existing catwalk; (iii) construction of a new catwalk of about 33m long and 5.5m wide with two supporting columns; (iv) widening of the existing rubble causeway from 3m to 5.5m; and (v) construction of a new roof..
(i) 設置臨時工地辦工室； (ii) 拆除現有的步橋； (iii) 建造一條長約33米、闊約5.5米，及由兩條樁柱支撐的步橋；及 (iv) 把現有砌石堤道由3米擴闊至5.5米； (v) 建造新上蓋。
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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 (EIA) 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) and Dumping at Sea Ordinance (Cap.466). This Permit does not of itself (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) 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 or 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 EIA Ordinance Register Office.
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 convenient locations 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 mitigation measures described in the Project Profile (Register No. PP-222/2004), other relevant documents in the Register, mitigation measures to be recommended in submissions that shall be depositied 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 made by the Director, if any, 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 variations 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 EIA 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 EIA 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 EIA 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 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.
1.13 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 the location as indicated in Figure 1 and construction activities shall be restricted to within the site boundary shown in the Figure. No barge activities shall be carried out within the restricted area shown in Figure 3 to avoid causing damage to corals at shallow water area.
2.2 The foundation of the two new supporting columns for the catwalk shall not encroach onto corals and a coral survey shall be conducted prior to the construction works to confirm that no coral will be affected by the works. The coral survey results with details of location of the supporting columns shall be deposited with the Director at least one month before commencement of works.
2.3 The Permit Holder shall submit to the Director for approval at least one month before commencement of works an Environmental Monitoring and Audit Programme detailing:
(a) Requirements on water quality monitoring with details on monitoring parameters, methodology, locations, frequency, action plan for baseline monitoring, impact monitoring during the construction works and post-project monitoring for at least one month after completion of construction works.
(b) A contingency plan with remedial actions for handling any possible accidental leakage of wastewater, fuel and/or other chemicals during construction.
(c) Requirements on on-site corals monitoring with details on methodology, locations, duration, frequency, personnel qualification and action plan to be carried out before, during and after the construction works.
2.4 The Permit Holder shall ensure full compliance with the requirements of the Environmental Monitoring and Audit Programme and contingency plan approved under condition 2.3. Any proposed changes to the EM&A programme and contingency plan activities shall be justified and agreed by the Director before implementation.
2.5 During demolition of the existing catwalk, the concrete footings/column shall be left on the seabed and abandoned so as to avoid dredging and impacts on coral found around the footings.
2.6 Silt curtain shall be installed enclosing the catwalk supporting columns foundation works area at all time throughout construction of foundation to minimize water quality impact. Divers with knowledge about corals should be present underwater during installation of the silt curtain to ensure no corals would be hit and only the least number of corals would be enclosed by the silt curtain. Decommissioning of silt curtain shall be properly controlled to avoid sudden dispersion of large quantity of muddy waters.
2.7 No wastewater arising from construction activities shall be discharged within the site boundary.
2.8 No dredging and dumping activities shall be carried out for the Project within the site boundary.
2.9 No percussive piling shall be carried out for the Project.
2.10 The pier and the roof shall be constructed according to the architectural design shown in Figure 4 with details attached to Application AEP-222/2005.
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.No.EP-222/2005
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