Environmental Permit No. EP-223/2005
環境許可證編號 EP-223/2005
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
Drainage Services 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渠務署(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： |
AEP-223/2005 |
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Document
in the Register: 登記冊上的文件： |
(1)
Project Profile –
“Drainage Improvement Works in Upper Tai 工程項目簡介 – “大埔河上游河道改善工程” (登記冊編號：PP-248/2005) |
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(2)
Application for Environmental Permit submitted by the
Permit Holder on 3 August 2005 (Application No. AEP-223/2005) 許可證持有人於2005年8月3日提交的環境許可證申請 (申請書編號 AEP-223/2005) |
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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 |
Letter Reference :
(16) in EP2/N5/I/44 信件檔號 : (16) in EP2/N5/I/44 Date : 20 July 2005 日期 : 2005年7月20日 |
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31
August 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 |
Drainage Improvement
Works in Upper Tai Po River [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 |
To improve the existing Upper Tai Po River to reduce the risk of flooding. 改善現有大埔河上游河道以降低水浸的危機。 |
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Location
of Designated Project 指定工程項目的地點 |
Upper Tai
Po River. The location of the Project is shown in Figure
1 of this Permit. |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Approximately 0.6 km of Upper Tai Po River will
be improved to enhance the hydraulic performance of the river. The scope of the Project includes the
following works as shown in Figure
2 attached to this Permit : (i)
re-profiling of the channel
and realignment of the channel; (ii)
inclusion of gabions for bank
protection whilst providing a natural channel bed; and (iii)
reprovisioning of footbridges
and footpaths along the channel. 約0.6公里長的大埔河上游將進行改善工程，以改善該河道的排水能力。工程項目範圍如本許可證夾附的圖2見載，包括 : (i)
河道重建和改道工程； (ii)
以石籠保護河岸以及提供天然河床；和 (iii)
重置沿河道的行人橋和行人道。 |
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) and Waste Disposal Ordinance (Cap.354). This Permit does
not on 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 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 mitigation measures described in the
Project Profile (Register No.PP-248/2005), other relevant documents in the
Register, 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 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 be
constructed according to the layout shown in Figure
2.
2.2
The
Permit Holder shall submit to the Director for approval at least six months
before commencement of works an Environmental Monitoring and Audit Programme
setting out :
(a)
Requirements
on ecological monitoring with details on monitoring parameters, methodology,
locations, frequency, duration and action plan for a 3-month baseline
monitoring, impact monitoring during construction works and a 2-year post
project monitoring.
(b)
Requirements
on noise monitoring with details on methodology, locations, frequency, duration and action plan during construction
works.
(c)
Requirements
on vibration monitoring for the Fan Sin Temple and the Remains of Wun Yiu
Pottery Kiln with details on methodology, location, frequency, duration and a
contingency plan with remedial actions when vibration impact on the Fan Sin Temple
or the Remains of Wun Yiu Pottery Kiln is detected during construction works.
2.3
The
Permit Holder shall submit a landscape plan to the Director for approval at
least three months before comencement of construction of the Project. The plan shall include details of tree
species within the Project area to be retained, felled, transplanted and
compensated.
2.4
The
Permit Holder shall ensure full compliance with the requirements of the
Environmental Monitoring and Audit Programme and contingency plan and the landscape
plan approved under conditions 2.2 and 2.3 respectively. Any proposed changes to the approved
programme and plans shall be justified by the Permit Holder and agreed by the
Director.
2.5
No percussive
piling shall be carried out for the Project.
2.6
Excavation works within the Tai Po River under the Project
shall be carried out in stages and excavation area for each stage shall be
limited to section of half width of the channel and less than 100m long at any
one time in order to maintain water flow within the river during construction
stage. The excavation areas shall
be enclosed with bunds or barriers and dewatered prior to excavation to
minimize the impacts upon the downstream of the Tai Po River.
2.7
Tightly sealed closed grab excavators shall be employed and
site run-off shall be directed towards regularly cleaned and maintained silt
traps and oil/grease separators to minimize leakage and loss of sediments
during excavation.
2.8
Large boulders removed from the Tai Po River within the
Project during excavation shall be re-instated upon completion of works. A section of 150m long natural riverbank
on the western side of the river channel (Ch.00m-Ch150m) shall be retained.
2.9
2m high temporary noise barriers shall be installed at locations
shown in Figure 3 attached
to this Permit throughout the construction of the Project.
2.10
Capture-surveys on the Three-lined Chinese Stream Catfish
(Pseudobargrus trilineatus), Predaceous Chub (Parazacco spilurus)
and Hong Kong Newt (Paramesotriton hongkongensis) shall be conducted
within the Tai Po River under the Project before commencement of construction
works of the Project. Any of these
species caught during the surveys shall be relocated to areas of the
watercourse upstream of the Tai Po River.
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.
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