Environmental Permit No. EP-242/2006
環境許可證編號 EP-242/2006
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 (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the 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及拓展署 (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-242/2006 |
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Document in the Register : 登記冊上的文件:
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1. Helipad at Yung Shue Wan, Lamma Island - Final Environmental Impact Assessment Study Report - Executive Summary - Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-094/2006)
南丫島榕樹灣直升機升降坪 - 最終環境影響評估研究報告 - 行政摘要 - 環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-094/2006）
2. The Director’s letter of approval of the EIA Report dated 19 January 2006 referenced EP2/N9/B/91
環境保護署署長於二○○六年一月十九日發出批准環評報告的信件檔案編號EP2/N9/B/91
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Document in the Register : 登記冊上的文件:
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3. Application for Environmental Permit received on 15 February 2006 (Application No.: AEP-242/2006)
許可證持有人於二○○六年二月十五日提交的許可証申請文件（申請書編號：AEP-242/2006）
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13 March 2006 |
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Date 日期 |
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(Simon Y M HUI) Principal Environmental Protection Officer (Regional Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 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
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Helipad at Yung Shue Wan, Lamma Island . (This designated project is hereafter referred to as “the Project”) 南丫島榕樹灣直升機升降坪。 (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
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A helipad within 300m of existing residential development. 在現有住宅發展300米內的直升機升降場。 |
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Location of Designated Project 指定工程項目的地點
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Yung Shue Wan, Lamma Island. 位處南丫島榕樹灣。
Location of the Project is shown in figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。
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Scale and Scope of Designated Project |
A helipad used solely for emergency purpose with diameter of 25 metres and an Emergency Vehicular Access of about 25 metres long and 3.5 metres wide connecting the helipad with existing road. 一個直徑25米只供緊急情況下使用的直升機升降坪，和一條長約25米闊約3.5米連接現有道路的緊急車輛通道。 |
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 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 Civil Aviation Ordinance (Cap. 448). 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 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 recommendations described in the approved EIA Report (Register No. AEIAR-094/2006), the Application for Environmental Permit (Application No. AEP-242/2006) and 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 deposited 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 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). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.
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 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. Submissions or Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An ET shall be established by the Permit Holder no later than one month before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the updated EM&A Manual as referred to in Condition 2.4 of this Permit. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-094/2006) or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-094/2006) or this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the updated EM&A Manual or failure to comply with this condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the updated EM&A Manual as referred to in Condition 2.4 of this Permit and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the updated EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-094/2006) or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the updated EM&A Manual or fails to comply with this condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this condition.
2.3 A coral specialist shall be engaged to carry out coral survey and monitoring as referred to in Condition 3.5 of this Permit. The qualification and experience of the coral specialist shall be certified by the ET Leader and verified by the IEC. The qualified person shall form part of the ET.
Updating of Environmental Monitoring and Audit (EM&A) Manual
2.4 The Permit Holder shall, no later than one month before the commencement of the works, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-094/2006). The updated EM&A Manual shall include the updated details of the EM&A programme for coral and water quality monitoring to check, review, verify and validate the environmental performance and the Event/Action Plans to describe the remedial actions to be carried out in the case of deteriorating environmental performance during construction of the Project.
Design of Silt Curtain to Avoid Impact on Corals
2.5 To avoid or mitigate the impacts on water quality and corals, silt curtain shall be properly designed, installed during the entire construction period and decommissioned. The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of the silt curtain proposal showing the details of the design, location and alignment of the silt curtain, the inspection requirements to check the proper installation, functioning and decommissioning of the silt curtain and the rectification requirements in the case of any malfunction of the silt curtain. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-094/2006).
3. Submissions or Measures during the Construction of Certain Parts of the Project
Management Organization of Main Construction Companies
3.1 The Permit Holder shall, within one month after the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
Measures to Avoid Impact on Corals
3.2 The Project shall only be constructed at the location as shown in figure 1 of this Permit. No works shall be carried out outside the site boundary or the temporary works area as shown in figure 1 of this Permit.
3.3 No dredging or reclamation works shall be carried out for the construction of the Project. Pre-bored piles of about 600mm in diameter shall be used for the construction of the Project.
3.4 All recommendations suggested in the silt curtain proposal as referred to in Condition 2.5 of this Permit shall be fully and properly implemented. No coral shall be affected during the installation and decommissioning of the silt curtain. Diving surveys shall be carried out to inspect the installation and decommissioning of the silt curtain to ensure that the silt curtain does not have any physical conflict with the corals present along the adjacent granite boulder seawall and to inspect the proper functioning of the silt curtain during the entire construction period. The diving surveys shall be carried out in accordance with the inspection requirements as set out in the silt curtain proposal as referred to in Condition 2.5 of this Permit. In case of any malfunction of the silt curtain, remedial actions shall be carried in accordance with the rectification requirements as set out in the silt curtain proposal as referred to in Condition 2.5 of this Permit. The diving survey inspections shall be reported in the monthly EM&A Report as mentioned in Condition 4.4 of this Permit.
3.5 The coral specialist as referred to in Condition 2.3 of this Permit shall carry out baseline, regular and post-construction surveys of the condition of corals present along the granite boulder seawall adjacent to the Project site. The coral surveys shall be carried out in accordance with the procedures and requirements as set out in the updated EM&A Manual as referred to in Condition 2.4 of this Permit. The coral survey findings shall be reported in the Baseline Monitoring Report and the monthly EM&A Report as mentioned in Conditions 4.3 and 4.4 of this Permit.
3.6 Construction materials, surplus excavated material and equipments of the Project shall only be stored in the temporary works areas as indicated in figure 1 of this Permit unless otherwise agreed by the Director in order to prevent impact on corals present along the adjacent granite boulder seawall.
Measures to Mitigate Water Quality Impacts
3.7 All wastewater or effluent arising from the piling works of the Project shall be directed into sand/silt removal facilities such as sand/silt traps and sediment basins before discharge. The sand/silt removal facilities shall be adequately designed and properly operated and maintained to ensure that these facilities are properly functioning at all times. The sand/silt removal facilities shall be fitted with tight fitting seal to prevent sediment leakage. No effluent from the sand/silt removal facilities shall be discharged outside the silt curtain as referred to in Condition 2.5 of this Permit.
3.8 Water quality monitoring shall be carried out in accordance with the procedures and requirements as set out in the updated EM&A Manual as referred to in Condition 2.4 of this Permit. Quality of the marine water outside the silt curtain as referred to in Condition 2.5 of this Permit and the effluent from the sand/silt removal facilities as referred to in Condition 3.7 of this Permit shall be regularly monitored. The water quality monitoring results shall be reported in the Baseline Monitoring Report and the monthly EM&A Report as referred to in Conditions 4.3 and 4.4 of this Permit.
Measures to Manage Wastes and Submission of Waste Management Plan
3.9 The Permit Holder shall, no later than one month after the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of a Waste Management Plan (WMP) for the construction stage of the Project. The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-094/2006). The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in Section 5.8 of the approved EIA Report (Register No. AEIAR-094/2006). The WMP shall indicate the disposal arrangement of the slurry arising from the piling works of the Project and the disposal locations of all other wastes. A trip ticket system shall be included in the WMP. Surplus excavated spoil, slurry and other wastes shall only be disposed of at disposal locations described in the WMP unless otherwise approved by the Director. All measures recommended in the WMP shall be fully and properly implemented by the Permit Holder and any person working on the project throughout the construction period.
Other Measures
3.10 The Project shall only be used for emergency purpose.
4. Environmental Monitoring and Audit (EM&A) for the Construction of the Project
4.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the updated EM&A Manual approved under Condition 2.4 of this Permit. Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the updated EM&A Manual and shall seek the prior approval from the Director before their implementation.
4.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the updated EM&A Manual by:
(a) conducting baseline monitoring of coral and water quality;
(b) conducting impact monitoring; carrying out remedial actions described in the Event/Action Plans of the updated EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the updated EM&A Manual are exceeded; and logging and keeping records of details of all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site; and
(c) conducting post-construction monitoring of coral and water quality.
4.3 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
4.4 Four hard copies and one electronic copy of the monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The monthly EM&A Report shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit levels), the quality of marine water outside the silt curtain, the quality and quantity of the effluent discharge together with the records of maintenance and sediment disposal of the sand/silt removal facilities, the condition of corals, the status of submission required under this Permit and the types, quantities and disposal locations of all wastes arising from the Project. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
4.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4.6 To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 5.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.
5. Electronic Reporting of EM&A Information
5.1 To facilitate public inspection of the updated EM&A Manual, Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 as described in Conditions 4.3 and 4.4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.
5.2 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of the Project. All environmental monitoring results described in Condition 5.1 above and all submissions and all performance test data and results required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
5.3 The internet website as described in Condition 5.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report and the environmental permit(s) and project profile of the Project. The internet website shall have features capable of : -
(a) providing access to all environmental monitoring data collected since the commencement of work and all submissions under this permit;
(b) searching by date;
(c) searching by types of monitoring data; and
(d) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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 conditions 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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