Environmental Permit No. EP-286/2007
環境許可證編號 EP-286/2007
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 (the EIAO), the Director of Environmental Protection (the
Director) grants this environmental permit to Heli Express 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Heli Express Limited（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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據:
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Application No. 申請書編號 |
AEP-286/2007 |
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Document in the Register : 登記冊上的文件： |
(1) Expansion of Heliport Facilities at Macau Ferry Terminal: Environmental Impact Assessment (EIA) Report, Executive Summary and Environmental Monitoring & Audit (EM&A) Manual (Register No.: AEIAR-095/2006) [Hereinafter referred to as the “EIA Report”] (1) 港澳碼頭直升機場設施擴建環境影響評估研究: 環境影響評估報告,行政摘要及環境監察及審核手冊 (登記冊編號: AEIAR-095/2006) [下稱「環評報告」] (2) The Director’s letter of approval of the EIA report with Conditions dated 8 February 2006 (Reference: (2) in EP2/H3/B/165 Pt.4) (2) 署長於2006年2月8日發出批准環評報告的信件（檔案編號: (2) in EP2 / H3 /B/165
Pt.4） (3) Application for Environmental Permit submitted by the Permit Holder on 3 September 2007 (Application No. AEP-286/2007) (3) 許可證持有人於2007年9月3日提交的環境許可證申請（申請書編號：AEP-286/2007） |
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27 September 2007 2007年9月27 日 |
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Date 日期 |
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(Mr. David COX) Acting Principal Environmental Protection Officer for the Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 覺碩 代行) |
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PART B (DESCRIPTIONS 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 Projects 指定工程項目的名稱 |
Expansion of Heliport Facilities at Macau Ferry Terminal [The
above designated projects are hereinafter referred to as “the Project”] 港澳碼頭直升機場設施擴建 [上列指定工程項目下稱“工程項目”] |
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Nature of
Designated Projects |
A
helipad within 300 m of existing or planned residential development. 在現有的或計劃中的住宅發展 300米 內的直升機升降場。 |
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Location of Designated Projects 指定工程項目的地點 |
Macau Ferry Terminal, Sheung Wan, Hong Kong
Island. The location of the
Project is shown on
Figure 1 attached to this Permit. 香港島上環港澳碼頭。工程項目的地點如本環境許可證的圖1所示。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(a)
Construction and operation of a new elevated landing/take-off helipad
of size of about 42m x 42m to the east of the existing helipad, and other
related works; (a) 於現有升降坪東面建造及營辦一個新的高架直升機升降坪，其面積最大約為 42米 x 42米, 及其他相關設施。 |
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 Civil Aviation Ordinance (Cap.
448), Civil Aviation (Aircraft Noise) Ordinance (Cap. 312), Noise Control
Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water
Pollution Control Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap.
354). This Permit does not of
itself constitute any ground of defense against any proceedings instituted
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 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 and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site refers to the site of the Project and should mean
the same hereinafter.
1.5
The
Permit Holder shall display conspicuously a copy of this Permit on the site 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 site.
1.6
The
Permit Holder shall construct and operate the Project as described in Part B of
this Permit.
1.7
The
Permit Holder shall ensure that the Project is designed and implemented in
accordance with the information and recommendations described in the EIA Report
and Approval Conditions (Register No. AEIAR-095/2006); the Application for
Environmental Permit (Application No. AEP-286/2007)
received on 3 September 2007, other relevant documents in
the Register; and the information or mitigation measures described in this
Permit, or 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, or 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 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. All submissions or any variations of the
submissions made after the establishment of an Environmental Team (ET) and
employment of an Independent Environmental Checker (IEC) referred to in
Conditions 2.1 and 2.2 below shall be certified by the ET Leader and verified
by the IEC before submitting to the Director under this Permit.
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 date of commencement of
construction of the Project at least 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. The Permit Holder shall notify the
Director in writing the date of completion of construction of the Project within
one month of the completion of construction of the Project.
1.12
The
Permit Holder shall notify the Director in writing the date of commencement of
operation of the Project at least one month prior to the commencement of
operation of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date.
1.13
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.
1.14
For
the purpose of this Permit, “commencement of construction of the Project” does
not include works related to site clearance and preparation or other works as
agreed by the Director.
2.
Special Conditions
2.1
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of construction of the Project. The ET shall
be headed by an ET Leader. The ET Leader shall be a person who has at least 7
years' experience in environmental monitoring and auditing (EM&A) or
environmental management. The ET and the ET Leader shall be responsible for the
duties defined in the EM&A Manual of the EIA Report. The ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the EM&A requirements as contained in the EM&A Manual. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances which may affect the environmental
impact assessment and each and every non-compliance with the recommendations of
the EIA Report or this Permit. This log-book shall be kept readily available for
inspection by all persons assisting in supervision of the implementation of the
EIA Report recommendations and this Permit or by the Director or his authorized
officers. Failure to maintain records in the log-book, failure to discharge the
duties of the ET Leader as defined in the EM&A Manual or failure to comply
with this Condition would entitle the Director to require the Permit Holder by
notice in writing to replace the ET Leader. Failure by the Permit Holder to
make replacement, or further failure to keep contemporaneous records in the
log-book despite the employment of a new ET Leader may render the Permit liable
to suspension, cancellation or variation. The ET shall not be in any way an
associated body of the Contractor or the IEC for the Project.
2.2
An
Independent Checker (Environment) or Independent Environmental Checker ( IC(E)
or IEC ), hereinafter referred to as the IEC, shall be employed by the Permit
Holder no later than one month before the commencement of construction of the
Project. The IEC shall be a person
who has at least 7 years' experience in environmental monitoring and audit
(EM&A) or environmental management. The IEC shall be responsible for the duties defined in the
EM&A Manual of the EIA Report, and shall audit the overall EM&A programme
described in the EIA Report, including the implementation of all environmental
mitigation measures, submissions required in the EM&A Manual, and any other
submissions required under this Permit. In addition, the IEC shall be responsible for verifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition
2.1 of this Permit. The IEC shall
notify the Director by fax, within 24 hours of each and every occurrence,
change of circumstances or non-compliance with the EIA Report or this Permit,
which might affect the monitoring or control of adverse environmental impact. Where the IEC fails to so notify the
Director of the same, fails to discharge the duties of the IEC as defined in
the EM&A Manual or fails to comply with this Condition, the Director may
require the Permit Holder by notice in writing to replace the IEC. Failure to
replace the IEC as directed or further failure to so notify the Director
despite employment of a new IEC may render the Permit liable to suspension,
cancellation or variation. Notification
by the Permit Holder is the same as notification by the IEC for the purpose of
this Condition. The IEC shall not be in any way an associated body of the
Contractor or the Environmental Team for the Project.
2.3
The
Permit Holder shall, within one month after the commencement of construction of
the Project, inform the Director in writing of the management organization of
the main companies and/or any form of joint ventures associated with the carrying
out of the Project. The submitted information shall include at least an
organization chart, names of responsible persons including the ET Leader and
the IEC, and their contact details.
Submission prior to Commencement of Construction of the Project
2.4
To
ensure attainment and maintenance of an acceptable environmental quality, the
Permit Holder shall, no later than one month before the commencement of
construction of the Project, submit to the Director for approval, a document
containing documentary proof and/or an implementation plan to demonstrate how
and when all the Conditions for Approval for the EIA Report (Register No.:
AEIAR-095/2006) will be fully complied with. The Conditions for Approval for the EIA Report are
reproduced here :
“1. No helicopter operation within the
heliport shall be allowed between 11:00pm and 8:00am (the next day) inclusive.
2. The
flight path to be shifted further north of the coast of Hong Kong Island as
shown in Plan 1 (attached) shall be adopted by helicopters when
approaching or departing the heliport.
3.
Helicopter
type(s) less noisy than S76C+ helicopter type shall be employed at the heliport
either:
a.
immediately
when the new heliport commences operation; or
b.
to
phase out the use of S76C+ helicopter type in 5 years’ time after the new
heliport commences operation; or
c.
the
Civil Aviation Department to work out a practicable 5-year plan to adopt less
noisy helicopter type.
4. During the evening period between 7:00pm to 11:00pm, in order to reduce helicopter noise to the best practicable level, the scheduling of helicopter movements shall be
subject to the following:
a.
the
total number of helicopter movements operating from the new and existing
heliports shall not exceed 34;
b.
the
total number of helicopter movements operating from the new heliport shall not
exceed 22;
c.
when
the total number of helicopter movements operating from the new and existing
heliports for the same evening is 22 or less, all these movements shall only be
allowed to arrive or depart via the new heliport so as to maximize the better
noise shielding effect of the new heliport over the existing one; and
d.
when
the total number of evening helicopter movements operating within the new and
existing heliports for the same evening exceeds 22, 22 number of the these
movements shall arrive or depart via the new heliport, especially if S76C+
helicopter type is still in use.
5. When less noisy helicopter type(s) are
available for use at the heliport following from the above Condition No. 3.:
a.
the
use of the less noisy helicopters for the evening period shall be maximized to
reduce the evening helicopter noise impacts; and
b. if some more noisy helicopters are
still needed to be used at the heliport, priority shall be given to the more
noisy helicopters to use the new heliport to take advantage of the better
shielding effect of the new heliport over the existing one so as to reduce the
evening helicopter noise impacts.”
Mitigation Measures during Construction Stage
2.5
No
dredging and/or marine piling shall be carried out for the construction of the
Project.
3.
Environmental Monitoring and Audit (EM&A) for the Project
3.1
The
EM&A programme shall be implemented as set out in the EM&A Manual of
the EIA Report. Any changes to the programme shall be justified by the IEC as
conforming to the requirements set out in the EM&A Manual and shall be submitted
to the Director for approval.
3.2
A
complaint investigation procedure shall be set up at least two weeks before the
commencement of construction of the Project. The complaint investigation procedure shall follow the
requirements set out in the EM&A programme. The Permit Holder shall set up and operate a
Community Liaison Office throughout the construction of the Project to receive
and respond to complaints or enquires on environmental nuisances or pollution
caused by the Project and to implement remedial mitigation measures
3.3
All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
3.4
Four
hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within two weeks after the end of the reporting
month. Additional copies of the submission shall be provided to the Director
upon request from the Director.
3.5
The
actions described in the Event/Action Plans of the EM&A Manual shall be
fully and properly carried out, in accordance with the time frame(s) set out in
the Event/Action Plan, or as agreed by the Director.
Operational Stage Helicopter Noise Monitoring
3.6
As
part of the EM&A programme, operational stage noise monitoring of
helicopter shall be carried out for 6 years as specified in the EM&A Manual
of the EIA Report and at the frequency listed below:
(a)
first
year of operation – monthly monitoring;
(b)
second
to fifth year of operation – quarterly monitoring;
(c)
sixth
year – half-yearly monitoring
3.7 The
monitoring frequency shall be reviewed in light of the monitoring data or in
case of any change in helicopter type and flight frequency. All monitoring data shall be reported
and uploaded to the internet website referred to in Condition 4.3 below.
4.
Electronic Reporting of EM&A Information
4.1
To
facilitate public inspection of monthly EM&A Reports via the EIAO Internet
Website and at the EIAO Register Office, electronic copies of these Reports
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
as described in Condition 3.4 of this Permit. For the HTML version, a content
page capable of providing hyperlinks to each section and sub-section of these
Reports shall be included at the beginning of the document. Hyperlinks to all
figures, drawings and tables in these Reports shall be provided in the main
text where the respective references are made. All graphics in these Reports
shall be in interlaced GIF format unless otherwise agreed by the Director. The
content of the electronic copies of these Reports shall be the same as the hard
copies.
4.2
All
environmental monitoring data described in Condition 4.1 above shall be made
available to the public via internet access in the shortest possible time and
in no event later than two weeks after the relevant environmental monitoring
data are collected or become available, unless otherwise agreed with the
Director.
4.3
The
Permit Holder shall notify the Director in writing, within six weeks after the
commencement of the Project, the internet address where the environmental
monitoring data are to be placed. The internet address and the relevant
environmental monitoring data shall be made available to the public via the
EIAO Internet Website and the EIAO Register Office.
4.4
The
internet website as described in Condition 4.3 above shall enable user-friendly
public access to the monitoring data with features capable of:
(a)
providing
access to all environmental monitoring data collected since the commencement of
the Project;
(b)
searching
by date;
(c)
searching
by types of monitoring data; and
(d)
hyperlinking
to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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.
The Permit Holder may apply under Section 13 of 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.
3.
A person who assumes the responsibility for the whole or a part of the
designated project may, before he assumes responsibility of the designated
project, apply under Section 12 of the Ordinance to the Director for a further
environmental permit.
4.
Under Section 14 of the Ordinance, the Director may with the consent of the
Secretary for the Environment, suspend, vary or cancel this Permit. The
suspended, varied or cancelled Permit shall be removed from display at the Project
site.
5.
If this Permit is cancelled or surrendered during 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 Part I of Schedule 2 of the Ordinance without a
valid environmental permit.
6.
Any person who carries out 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.
7.
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.
8.
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.
9.
Civil aviation issues are governed by the Civil Aviation
Ordinance (Cap. 448) and Civil Aviation (Aircraft Noise) Ordinance (Cap. 312).
The Permit Holder is advised to
contact the Civil Aviation Department for
requirements relating to civil aviation issues.
Environmental Permit No. EP-286/2007
環境許可證編號 EP-286/2007