Environmental Permit No. EP-252/2006
環境許可證編號 EP-252/2006
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 gEOTECHNICAL
ENGINEERING OFFICE, 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轄下土力工程處
(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：
|
Application No. 申請書編號 |
AEP-252/2006 |
|
Document in the Register : 登記冊上的文件: |
1.
Project
Profile - 工程項目簡介 - 2.
Application
for Environmental Permit submitted by the Permit Holder on 24 July 2006
(Application No.: AEP-252/2006) 許可證持有人於2006年7月24日提交的申請文件 (申請書編號: AEP-252/2006) |
|
Application No. 申請書編號 |
AEP-252/2006 |
|||
|
Director's
Permission to Apply Directly for Environmental Permit |
Letter
Reference: (22) in EP2/N7/Q/51 Date:
14 July 2006 |
|||
|
18
August 2006 |
|
||
|
Date 日期 |
|
(Maurice K.L. YEUNG) Atg. Principal Environmental Protection
Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任(評估及噪音) 楊國良代行 |
|
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 |
Natural
Terrain Hazard Mitigation Works in Luk Keng Wong [This
designated project is hereinafter referred to as "the Project"] 鹿頸黃屋的天然山坡災害防護工程。 [這指定工程項目下稱"工程項目"] |
|
Nature of Designated Project 指定工程項目的性質 |
To
carry out natural terrain hazard mitigation works involving earthworks within
country park and conservation area. 進行天然山坡災害防護工程，涉及在郊野公園及自然保育區內之土木工事。 |
|
Location of Designated Project 指定工程項目的地點 |
Luk
Keng Wong 鹿頸黃屋見載於本許可證夾附的圖一。 |
|
Scale and Scope of Designated Project |
The
project comprises : (i)
constructing tensioned steel mesh fences to
retain landslide debris; (ii)
constructing baffles to slow down landslide
debris; (iii)
installing soil nails to improve hillslope
stability; (iv)
constructing surface drainage channels with
access paths/ stairways; (v)
carrying out drainage improvement works to an
existing gully; (vi)
carrying out landslip preventive works on two
man-made cut slopes (feature 3NE-C/C135 & feature 3NE-C/C13).
Figure1
shows the layout of the project. 工程項目包括: (i)
建造張力鋼筋圍綱,以阻擋崩塌的泥石; (ii)
建造泥石阻礙墩,以減低崩塌的泥石速度; (iii)
裝設泥釘,以改善山坡的鞏固度; (iv)
建造附有通道/樓梯的排水明渠; (v)
改善現有沖溝的排水能力; (vi)
在兩個人造斜坡(編號3NE-C/C135及編號3NE-C/C13)上進行防止山泥傾瀉工程; 圖一展示工程項目的佈局。 |
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 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 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 Project Profile (Register No. PP-291/2006) in the EIA Ordinance 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 submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director, within two weeks of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 All submissions approved 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 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 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.
1.12 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.
1.13 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 No works shall be carried out outside the project site boundary as indicated in Figure 1 of this Permit.
2.2
To minimize the
construction impact to the Pat
(i) portable drilling tools and small piling rig shall be used for drilling within soil and rocks and no heavy construction equipment shall be employed at hillside area;
(ii) construction plant shall be transported by labour to the works areas up in the terrain and no haul road shall be constructed;
(iii) the drainage improvement works to the existing gully shall be limited to the lowest 10m of the gully in order to avoid the impacts on the fern species Cibotium barometz and the works shall be carried out within dry seasons from October to March only.
2.3 The Permit Holder shall submit to the Director for approval, at least 4 weeks before commencement of construction, 3 sets of layout drawing(s) showing the locations of the plant species of conservation importance including Aquilaria sinensis, Artocarpus styracifolius and Cibotium barometz and proposal to protect all trees recommended to be retained on site, in particular the species of conservation importance. All recommendations as described in the approved submission shall be fully implemented.
2.4 Tree losses of common species arising from the Project shall be compensated and the loss to compensation ratio shall be at least 1:1.5. Prior to completion of the Project, the Permit Holder shall deposit 3 sets of layout drawing(s) showing the numbers and locations of the lost trees and the replanted trees.
2.5 An ecologist/plant specialist shall be employed to station on site during construction to supervise the selection of the locations of the works and the avoidance of disturbance to the trees and concerned plants there. The ecologist/plant specialist shall also supervise and advise during replanting.
2.6 The concrete pump shall be located at the western temporary works area as shown in Figure 1 with 2m high site hoarding installed to reduce noise impact on nearby dwellings.
2.7 Site toilet facilities, if any, shall be chemical toilets or shall have foul water effluent directed to a foul sewer. No discharge of foul water effluent shall be directed into any streams or marsh areas.
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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