Environmental Permit No. EP-269/2007
環境許可證編號EP-269/2007
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-269/2007 |
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Document in the Register : 登記冊上的文件: |
1.
Project Profile – “Dredging at Seabed of Peng
Chau, Tung Wan” (Register No.: PP-309/2007) 工程項目簡介 ― “坪洲東灣海床疏浚工程”（登記冊編號：PP-309/2007） 2.
Application for Environmental Permit submitted by
the Permit Holder on 許可證持有人於 |
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Director’s Permission to Apply Directly for
Environmental Permit 署長准許直接申請環境許可證 |
Letter reference: EP2/N9/C/120 信件檔號：EP2/N9/C/120 Date: 日期： |
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Date 日期 |
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(Simon Y.M. HUI) Principal
Environmental Protection Officer for Director of Environmental
Protection 環境保護署署長 （首席環境保護主任 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 |
Dredging at Seabed of Peng
Chau, Tung Wan (This designated project is hereafter referred to as
“the Project”) 坪洲東灣海床疏浚工程（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 |
A dredging operation 挖泥作業 |
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Location of Designated Project 指定工程項目的地點 |
Tung Wan, Peng Chau The location of the Project is shown in Figure 1 of
this Permit. 坪洲東灣 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 |
To remove about 於東灣面積約為 |
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), Dumping at Sea Ordinance (Cap. 466) and
Waste Disposal Ordinance (Cap. 354). 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 and 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 in 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 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 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 recommendations described in the Project
Profile (Register No. PP-309/2007), 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
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 to 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
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 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 preparations, or other works as
agreed by the Director.
2. Specific
Conditions
2.1
No construction works of the project shall be carried
out between 1900 to 0700 hours and any time on a general holiday including
Sunday.
2.2
No more than one derrick lighter and one backhoe shall
be employed for the dredging operation.
2.3
Closed grab shall be used for dredging and the
dredging rate shall not exceed 100 cubic metre per day at all time throughout
the dredging operation.
2.4
Silt
curtain should be employed and maintained at all time throughout the dredging
operation to minimize the water quality impact. The silt curtain should be
fabricated from permeable, durable, abrasion resistant membrane like
geotextiles and be mounted on a floating boom structure surrounding the grab
and should extend to the sea bottom.
2.5
Splashing of dredged material into the surrounding
waters is prohibited during loading of barges and grabs. No overflowing of
dredged material causing water pollution is allowed during loading or
transportation.
2.6
The project shall only be implemented from March to
May so as to avoid the bathing season.
2.7
The Environmental Monitoring and Audit (EM&A)
programme outlined in the EM&A Manual deposited by the Permit Holder on
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.
Environmental Permit No. EP-269/2007
環境許可證編號EP-269/2007