Environmental Permit No. EP-238/2006

       環境許可證編號 EP-238/2006

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

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

 

 

PART A (MAIN PERMIT)

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 ARCHITECTURAL 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》(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建築署 (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。本環境許可證是依據下列文件、批准或許可而簽發：

 

 

 

Application No.

申請書編號

 

AEP-238/2006

 

Document in the Register :

登記冊上的文件:

 

 

1.        Project Profile – “Constructing and Operating Three Automatic Weather Stations at Pak Kung Au, Tai Fung Au and Ngong Ping on Lantau Island”

(Register No.: PP-273/2005)

工程項目簡介 - “於大嶼山伯公坳、大風坳和昂坪建造和營運三個自動氣象站”

  (登記冊編號 : PP-273/2005)

 

2.        The Director’s letter of permission to apply directly for environmental permit dated 23 January 2006 [Ref.: EP2/N9/Q/113]

署長於2006年1月23日 發出批准直接申請環境許可證的信件

(檔案編號 : EP2/N9/Q/113)

 

 

 

Document in the Register :

登記冊上的文件:

 

 

3.        Application for Environmental Permit submitted by the Permit Holder on 26 January 2006 (Application No.: AEP-238/2006)

許可證持有人於2006年 1 月 26 日提交的環境許可證申請文件（申請書編號：AEP-238/2006）

 

 




 

 

 

 

 

21 February 2006

 

 

Date

日期

 

(Colin P Y KEUNG)

Acting Principal Environmental Protection Officer

(Regional Assessment)

for Director of Environmental Protection

環境保護署署長

(署理首席環境保護主任(區域評估) 薑培閏代行)

 

 

 

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

 

Constructing and Operating Three Automatic Weather Stations at Pak Kung Au, Tai Fung Au and Ngong Ping on Lantau Island

(This designated project is hereafter referred to as “the Project”)

於大嶼山伯公坳、大風坳和昂坪建造和營運三個自動氣象站(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

 

Earthworks in the Lantau North Country Park and Lantau South Country Park for carrying out the Project.

於北大嶼山郊野公園和南大嶼山郊野公園內的土木工事以進行工程項目。

 

Location of Designated Project

指定工程項目的地點

 

 

Pak Kung Au, Tai Fung Au and Ngong Ping on Lantau Island

於大嶼山伯公坳、大風坳和昂坪。

 

The locations of the Project are shown in Figure 1 of this Permit.

工程項目的地點展示於本許可證圖1內。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project consists of three Automatic Weather Stations. Each Automatic Weather Station comprises two masts of about 5m and 10m high respectively and concrete plinths for setting up the masts, equipments and ductwork, with an area of about 10m x 10m.

工程項目包括三個自動氣象站。每個自動氣象站面積約十米乘十米，設有兩支分別約五米高和十米高的桅桿和混凝土基座以裝設桅桿、設備和纜槽。

 

 

PART C (PERMIT CONDITIONS)

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) and Waste Disposal Ordinance (Cap. 354), Country Parks Ordinance (Cap. 208) 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 Aof 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-273/2005) in the Register, other relevant documents in the Register, the information and mitigation measures described 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               The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one week 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 and operation.

 

1.9               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 locations as indicated in Figure 1 of this Permit. The site area of each Automatic Weather Station shall not be more than 10m x 10m.

 

2.2        No temporary access or haul road shall be formed for carrying out the Project. Construction materials, surplus excavated materials and equipments for the Project shall be transported to and away from the Project sites by hands or by helicopters.

 

2.3        No tree shall be felled for carrying out the Project.

 

2.4        No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in any environmentally sensitive areas including the Lantau South Country Park and Lantau North Country Park.

 

2.5        All the temporary works areas shall be reinstated and landscaped with hydroseeding and vegetation within two months after the completion of construction of the Project.

 

 

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 and 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.

 

 

Environmental Permit No. EP-238/2006

環境許可證編號EP-238/2006

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