Environmental Permit No. EP-276/2007
環境許可證編號 EP-276/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT 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 SMARTONE MOBILE COMMUNICATIONS 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數碼通電訊有限公司 (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 |
AEP-276/2007 |
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Document in the Register : 登記冊上的文件: |
1. Project Profile – “Proposed Installation
of Integrated Mobile Phone Base Station at South Lantau Island Country Park,
Man Cheung Po, Tai O, Hong Kong” (Register No.: PP-311/2007) 工程項目簡介 – “計劃於大澳萬丈布南大嶼山郊野公園安裝綜合流動電話收發站” (登記冊編號 : PP-311/2007) 2.
The
Director’s letter of permission to apply directly for environmental permit
dated (Ref.: EP2/N9/Q/121) 署長於2007年4月4日 發出批准直接申請環境許可證的信件 (檔案編號 : EP2/N9/Q/121) |
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Document in the Register : 登記冊上的文件: |
3.
Application
for Environmental Permit submitted by the Permit Holder on (Application No.: AEP-276/2007) 許可證持有人於2007年4月13日提交的環境許可證申請文件 (申請書編號：AEP-276/2007） |
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May 2007 |
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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 |
Proposed
Installation of Integrated Mobile Phone Base Station at Lantau North Country
Park, Man Cheung Po, Tai O, Lantau Island (This
designated project is hereafter referred to as “the Project”) 計劃於大嶼山大澳萬丈布北大嶼山郊野公園安裝綜合流動電話收發站 (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 |
Earthworks
and building works wholly in Lantau North Country Park. 於北大嶼山郊野公園內進行挖泥工程及建築工程。 |
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Location of Designated Project 指定工程項目的地點 |
Man
Cheung Po, Tai O, Lantau Island 大嶼山大澳萬丈布。 The
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 |
The Project
is to construct and operate a mobile phone base station at Man Cheung Po, Tai
O, Lantau Island including : a.
an equipment platform with area 80m2; b.
13 mobile phone equipment cabinets; c.
a meter room; d.
a MDF room; and e.
two antenna poles with height 5m; 工程項目涉及於大嶼山大澳萬丈布建造及營辦流動電話收發站。包括： a.
一個80平方米的平台； b.
十三個無線電話儀器； c.
電力供應室； d.
電話線室；及 e.
二支高5米的天線桿； |
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), Country Park Ordinance (Cap. 208) and
Water Pollution Control Ordinance (Cap. 358). 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 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
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-311/2007) 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
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).
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 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.
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 and operated at the location as indicated in Figure 1 of this
Permit.
2.2 No access or haul road
shall be formed for the construction of the Project. Construction materials,
equipments, wastes and surplus excavated materials or materials alike arising
from the Project shall be transported to and away from the site by helicopter.
2.3 No construction wastes,
materials, equipments and surplus excavated materials shall be stored or
stockpiled outside the boundary of the project site at all time, or be disposed
of in any environmentally sensitive areas including Country Parks, conservation
area and site of special scientific interest at Lantau Island.
2.4 No tree felling shall be
carried out for the Project.
2.5 The mobile phone base
station including the antenna poles shall be painted in subdued color to
minimize its visual impact on the surrounding.
2.6 All disturbed areas shall
be reinstated to their original states by means of hydroseeding with grasses
and/or planting with native woody and herbaceous species as appropriate within
two months after the completion of construction of the Project.
2.7 All excavated areas shall
be covered prior to concreting to minimize surface runoff from the site.
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 or operation 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-276/2007
環境許可證編號 EP-276/2007