Environmental Permit No. EP-288/2007
環境許可證編號EP-288/2007
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
PART A (MAIN
PERMIT)
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:
Application No. 申請書編號 |
AEP-288/2007 |
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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 Shek Pik
Fire Lookout, Lantau Island, NT” (Register
No.: PP-319/2007) 工程項目簡介 - “計劃於大嶼山石壁山火瞭望台安裝綜合流動電話收發站” (登記冊編號 : PP-319/2007) 2.
The Director’s letter of
permission to apply directly for environmental permit dated 23 August 2007
(Ref.: EP2/N9/Q/122) 署長於2007年8月23日 發出批准直接申請環境許可證的信件 (檔案編號 : EP2/N9/Q/122) |
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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 2 October 2007 (Application No.:
AEP-288/2007) 許可證持有人於2007年 10 月 2 日提交的環境許可證申請文件(申請書編號:AEP-288/2007) |
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24 October 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:
Title of Designated Project 指定工程項目的名稱 |
Proposed Installation of
Integrated Mobile Phone Base Station at Shek Pik Fire Lookout, Lantau Island,
NT (This designated
project is hereafter referred to as “the Project”) 計劃於大嶼山石壁山火瞭望台安裝綜合流動電話收發站 (本指定工程項目下稱“工程項目”)。 |
Nature of Designated Project 指定工程項目的性質 |
Earthworks and
building works in the Lantau South Country Park for carrying out the Project. 於南大嶼山郊野公園內的土木工事及建築工程以進行工程項目。 |
Location of Designated Project 指定工程項目的地點 |
Shek Pik Fire Lookout,
Lantau Island. 大嶼山石壁山火瞭望台。 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。 |
Scale and
Scope of Designated Project |
The Project is to construct
and operate an Integrated Mobile Phone Base Station, comprising mainly an
equipment platform with area of about 36m2, antenna poles with
height of about 11m and equipment cabinets. 工程項目為建造及營辦一所綜合流動電話收發站,其主要包括佔地約36平方米的儀器平台、高約11米的天線桿和儀器儲存櫃。 |
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
(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), Dumping at Sea Ordinance (Cap. 466) 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 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-319/2007) 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
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.
1.9
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 construction of the Project.
Construction materials, equipments, wastes, surplus excavated materials and
materials alike arising from the Project shall be transported to and away from
the Project site by helicopter or manually.
2.3 No
tree shall be felled for the Project.
2.4 No waste, spoil, excavated materials or materials
alike arising from the Project shall be dumped in any environmentally sensitive
areas including country park, conservation area, site of special scientific
interest and coastal protection area at Lantau Island.
2.5 No
construction works of the Project shall be carried out from April to September,
unless otherwise agreed by the Director, in order to avoid the wet season.
2.6 Antenna
poles of the Project shall be painted in subdued colour to match with the
surrounding natural setting.
2.7 All
temporary works areas shall be reinstated and landscaped with hydroseeding and
vegetation within two months after the completion of construction of the Project.
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, 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, 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 or 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-288/2007
環境許可證編號EP-288/2007
| Figure 1 |