Environmental Permit No. EP-258/2006
環境許可證編號 EP-258/2006
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT 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 (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the HONG KONG CSL LIMITED (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香港流動通訊有限公司 (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：
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Application No. 申請書編號
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AEP-258/2006 |
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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 October 2006 (Application No.: AEP-258/2006) 許可證持有人於2006年10月24日提交的申請文件 (申請書編號: AEP-258/2006)
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Application No. 申請書編號
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AEP-258/2006 |
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Director's Permission
to Apply Directly for Environmental Permit
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Letter
Reference: (19) in EP2/N5/Q/49
Date:
12 October 2006 |
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15 November 2006 |
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音) 楊國良代行 |
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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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Proposed Installation of Integrated Mobile Phone Station at Pat Sin Leng Country Park, Chung Pui, Tai Po, N.T. [This designated project is hereinafter referred to as "the Project"] 計劃於大埔涌背百仙嶺郊野公園安裝綜合流動電話收發站。 [這指定工程項目下稱"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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To install an integrated mobile station involving earthworks and building works in country park. 安裝綜合流動電話收發站，涉及在郊野公園內之土木工事及建築工程。
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Location of Designated Project 指定工程項目的地點
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Pat Sin Leng Country Park. The locations of the Project are shown in Figure 1 of this Permit. 百仙嶺郊野公園。工程項目的位置見載於本許可證夾附的圖一。
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Scale and Scope of Designated Project |
The project comprises : (i) constructing a concrete equipment platform (9.5m(L) x 6.5m(W) x 0.15m (D))and a concrete antenna platform (6.0m(L) x 3.0m (W) x 0.65m(D)); (ii) installing seven mobile phone equipment cabinets and one electric box on the equipment platform; (iii) installing two 10m high antenna poles on the antenna platform; and (iv) constructing a concrete trench of about 94m long, 300mm wide and 300mm deep to connect the proposed equipment platform and the antenna pole.
工程項目包括: (i) 用混凝土建造設備基台(9.5米長、6.5米寬和0.15米深)和天線桿地台(6.0米長、3.0米寬和0.65米深); (ii) 裝置七個無線電話設備和一個電池箱於設備基台上; (iii) 裝置兩支10米高的天線桿於天線桿地台上; (iv) 用混凝土建造約94米長、300亳米寬和300亳米深的溝渠，以連接擬建的設備基台和天線桿地台。
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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 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-297/2006) 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 The Project shall only be constructed at the locations as indicated in Figure 1 of this Permit.
2.2 To avoid and minimize the construction impact of the Project to the Pat Sin Leng Country Park, the following measures shall be implemented :
(i) No haul road or access route to the project areas shall be constructed;
(ii) No tree felling shall be carried out for the Project; and
(iii) No construction works shall be carried out on Saturdays, Sundays and Public Holidays.
2.3 To minimize the impacts on water quality of nearby natural stream, the following measures shall be implemented during the construction of the Project:
(i) A hoarding of no less than 2.5m high shall be erected along the site boundary to separate the project site from the stream.
(ii) The construction works shall be carried out in dry season (i.e. from October to March) only to minimize impacts on water quality of nearby natural stream due to site runoff.
(iii) Portable toilets shall be provided close to the project areas. No discharge of foul water effluent shall be directed into the stream.
Environmental Permit No. EP-258/2006
環境許可證編號 EP-258/2006
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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