Environmental Permit No. EP-235/2005
環境許可證編號 EP-235/2005
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 條
ENVIRONMENTAL PERMIT TO CONSTRUCT
A DESIGNATED PROJECT
建造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 Ordinance), 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 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土木工程拓展署（下稱“許可證持有人”）以建造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-235/2005
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Document in the Register: 登記冊上的文件：
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(1) Project Profile – Landslide Preventive Works at Po Shan, Mid-Levels (Register No.: PP-267/2005) (1) 工程項目簡介 –半山區寶珊地段防止山泥傾瀉工程(登記冊檔號: PP-267/2005)
(2) The Director’s letter of permission to apply directly for environmental permit dated 28 November 2005 [Ref.: (17) in EP2/H11/Q/05 Pt. 2] (2) 署長於2005年11月28日 發出批准直接申請環境許可證的信件 [檔案編號 : (17) in EP2/H11/Q/05 Pt. 2]
(3) Application for Environmental Permit submitted by the Permit Holder on 30 November 2005 (Application No. AEP-235/2005) (3) 許可證持有人於2005年 11 月 30 日提交的環境許可證申請（申請書編號：AEP-235/2005） |
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23 December 2005 Date 日期
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(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 行) |
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
(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
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Landslide Preventive Works at Po Shan, Mid-Levels [This designated project is hereinafter referred to as “the Project”]
半山區寶珊地段防止山泥傾瀉工程 [這指定工程項目下稱“工程項目”]
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Nature of Designated Project
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To construct drainage adits within the boundary of the Pok Fu Lam Country Park and Special Area.
於薄扶林郊野公園及特別地區內建造地下排水道。
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Location of Designated Project 指定工程項目的地點 |
Po Shan, Mid-Levels. The location of the Project is shown in Figure 1 attached to 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 |
Construction of two 3.5m diameter underground drainage adits, each of lengths 260m and 175m respectively, with sub-vertical drains at the Po Shan area (see Figure 2).
於寶珊地段建造兩條直徑3.5米，分別長260米及175米的地下排水道及裝設垂直排水管道(見圖2)。
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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 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 Country Parks Ordinance (Cap. 208). 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 or 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(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 construction site(s) at all vehicular site entrances/exits or at a convenient location for public 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 construction site(s).
1.6 The Permit Holder shall construct 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 and constructed in accordance with the information and all recommendations described in the Project Profile (Register No.: PP-267/2005), the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with 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 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 place, 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 hard copies.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least two weeks before 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. Special Conditions
2.1 No above ground works shall be permitted within the Pok Fu Lam Country Park and Special Area.
2.2. No tree felling shall be allowed within the Pok Fu Lam Country Park and Special Area.
2.3 To minimise environmental impacts from the construction of drainage adits and the environmental side-effects of the ancillary activities associated with the Project,
(a) tunnel boring machine(s) shall be employed for constructing the adits lying within the Pok Fu Lam Country Park and Special Area;
(b) no blasting shall be permitted within the Pok Fu Lam Country Park and Special Area; and
(c) noise enclosure as shown in Fig. 3 shall be adopted when using hand-held breaker and grout pump during construction of portal sections of the adits.
2.4 The Permit Holder shall monitor the ground water table within the Pok Fu Lam Country Park and Special Area during construction. The Permit Holder shall, at least two weeks before the commencement of construction, deposit with the Director three hard copies and one electronic copy of ground water monitoring plan. The plan shall at least include the following information:
(a) Ground water monitoring locations;
(b) Methodology for ground water monitoring;
(c) Ground water monitoring schedule (including monitoring frequency and period);
(d) Ground water monitoring criteria; and
(e) Actions to be taken in case of non-compliance with ground water monitoring criteria.
All measures recommended in the ground water monitoring plan shall be fully implemented.
2.5 The Permit Holder shall set up and operate a community liaison office throughout the construction of the Project to receive and respond to complaints or enquires on environmental nuisances or pollution caused by the Project and to implement remedial mitigation measures.
2.6 To mitigate impacts on the rest garden as shown in Fig. 2 due to the construction of drainage adits, tree transplantation within the garden shall be implemented as shown in Fig. 4. The Permit Holder shall, within 4 weeks after completion of the restoration works for the rest garden, deposit with the Director three hard copies and one electronic copy of the as-built record of tree transplantation and restoration.
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 Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.
4. 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.
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 construction 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 construction of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct a designated project listed in Part I of 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.
Table 1 Tree Schedule
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Tree No. |
Species |
Overall Height |
Girth |
Crown Spread |
To be Retained (R)/ Transplanted (T) |
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T01 |
Acacia confusa |
10 |
1.25 |
8 |
R |
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T02 |
Acacia confusa |
9 |
1.25 |
8 |
R |
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T03 |
Macaranga tanarius |
4 |
0.4 |
4 |
T |
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T90 |
Cratoxylum ligustrinum |
6 |
0.7 |
3 |
T |
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T91 |
Bauhinia blakeana |
5 |
0.4 |
4 |
R |
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T92 |
Bauhinia blakeana |
5 |
0.4 |
3 |
R |
|
T93 |
Bauhinia blakeana |
4 |
0.4 |
3 |
R |
|
T94 |
Bauhinia blakeana |
5 |
0.45 |
5 |
R |
|
T95 |
Melaleuca quinquenervia |
9 |
0.92 |
4 |
T |
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T96 |
Cratoxylum ligustrinum |
6 |
0.49 |
3 |
T |
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T97 |
Cratoxylum ligustrinum |
8 |
0.59 |
4 |
T |
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T98 |
Celtis sinensis |
5 |
0.35 |
3 |
R |
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T99 |
Celtis sinensis |
7 |
0.45 |
4 |
R |
|
T100 |
Celtis sinensis |
8 |
1.8 |
6 |
R |
|
T101 |
Celtis sinensis |
4 |
0.4 |
4 |
R |
|
T102 |
Celtis sinensis |
4 |
0.3 |
3 |
T |
|
T103 |
Bridelia tomentosa |
3 |
0.35 |
2 |
R |
|
T104 |
Celtis sinensis |
3 |
0.3 |
2 |
T |
|
T111 |
Celtis sinensis |
4 |
0.35 |
3 |
R |
|
T200 |
Caryota ochlandra |
4 |
0.36 |
3 |
T |
|
T201 |
Caryota ochlandra |
6 |
0.4 |
4 |
T |
|
T202 |
Caryota ochlandra |
5 |
0.35 |
4 |
T |
|
T203 |
Caryota ochlandra |
5 |
0.35 |
4 |
T |
|
T204 |
Caryota ochlandra |
4 |
0.34 |
3 |
T |
|
T203a |
Caryota ochlandra |
3 |
0.25 |
2 |
T |
Notes: This table is to be read in conjunction with Figure 4.
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