Environmental Permit No. EP-283/2007
環境許可證編號EP-283/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 10
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
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact
Assessment Ordinance (EIAO), the Director of Environmental Protection (the
Director) grants this environmental permit to 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 |
AEP-283/2007 |
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Document in
the Register: 登記冊上的文件： |
(1) (2) (3) |
Project Profile – “Proposed Installation of
Integrated Mobile Phone Base Station at Tai Long Au, Sai Kung East Country
Park, Tai Po, N.T.” (Register No. PP-314/2007) 工程項目簡介 – “計劃於大埔大浪坳西貢東郊野公園安裝綜合流動電話收發站” (登記冊編號: PP-314/2007) The Director’s letter of permission to apply
directly for environmental permit dated 31 May 2007 (Reference: (15) in EP2/N5/Q/50)
署長於2007年5月31日發出批准直接申請環境許可證的信件 (檔案編號：(15) in EP2/N5/Q/50) Application for environmental permit submitted by
the Permit Holder on 14 June 2007 (Application No. AEP-283/2007) 許可證持有人於2007年6月14日提交的環境許可證申請 (申請書編號：AEP-283/2007) |
6 July 2007
2007年7月6日
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
PART B (DESCRIPTION OF DESIGNATED PROJECT)
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 Tai Long Au, Sai Kung
East Country Park, Tai Po, N.T. [This designated project is hereinafter referred
to as “the Project”] 計劃於大埔大浪坳西貢東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 |
Earthworks and building works wholly in Sai Kung East
Country Park. 於西貢東郊野公園內進行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 |
Tai Long Au, Sai Kung East Country Park. The location
of the Project is shown in Figure 1 of this Permit. 大浪坳西貢東郊野公園。工程項目的位置載於本許可證夾附的圖1。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
An
equipment platform with an area of 31.6 sq.m, consisting of seven (7) mobile
phone equipment cabinets and three (3) antenna poles. 一佔地31.6平方米的設備平台，包括七(7)個流動電話設備儲存櫃和三(3)支天線桿。 |
PART C (PERMIT CONDITIONS)
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 (EIAO)
(Cap. 499) and may become the subject of appropriate action being taken under
the EIAO.
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 Dumping at Sea Ordinance (Cap. 466).
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
or 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 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 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
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 all recommendations described
in the Project Profile (Register No. PP-314/2007); other relevant documents in
the Register; the information or 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 one month of the receipt of the
Director’s comments or otherwise as 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 EIAO 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 EIAO 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 at least two
weeks 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 at the location as indicated in Figure 1
of this Permit.
2.2 To
minimize impact on the hikers, no construction works shall be carried out on
Saturdays, Sundays and public holidays.
2.3 Only
hand held equipment shall be used for construction.
2.4 All
the construction material, equipment and wastes shall be transported to and
from the site by helicopter. No
haul road shall be constructed.
2.5 All
antenna poles and equipment cabinets shall be painted in subdue and
non-reflective colour to match with the surroundings.
2.6 All
temporarily disturbed areas shall be reinstated to their original states with
hydroseeding of grass and/or tree and shrub planting as appropriate.
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 EIAO, and the following notes are for general
information only.
2.
If there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.
5.
Under Section 14 of the EIAO, 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 EIAO before the Project could be continued. It
is an offence under Section 26(1) of the EIAO to construct or operate a
designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO within 30 days of receipt of this Permit.
Environmental Permit No. EP-283/2007
環境許可證編號EP-283/2007