Environmental Permit No. EP-293/2007
環境許可證編號 EP-293/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO OPERATE A DESIGNATED PROJECT
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 Ordinance), the Director of Environmental Protection
(the Director) grants this environmental permit to the Islands District Office,
Home Affairs Department (hereinafter referred to as the “Permit Holder”) to 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民政事務總署的離島民政事務處（下稱“許可證持有人”）以營辦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-293/2007 |
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Document in the Register : 登記冊上的文件： |
(1) Peng Chau Helipad – Environmental Impact Assessment
(EIA) Report, Executive Summary and Environmental Monitoring and Audit
(EM&A) Manual (Register No.: AEIAR-087/2005) [Hereinafter referred
to as the “EIA Report”] (1) 坪洲直升機升降坪 – 環境影響評估報告、環評行政摘要及環境監察及審核計劃 （登記冊編號: AEIAR-087/2005）
[下稱「環評報告」] (2) The Director’s letter of approval of the EIA
report dated 25 August 2005 (Reference: (10) in EP2/N9/B/92 III) (2) 署長於2005年8月25日發出批准環評報告的信件（檔案編號： （10）in EP2/N9/B/92 III） (3) Application documents including all attachments
submitted by the Permit Holder on 1 November 2007 (Application No. AEP-293/2007) (3) 申請文件包括許可證持有人於2007年11月1日提交的所有附件（申請書編號:AEP-293/2007） |
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27 November 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 (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 Project 指定工程項目的名稱 |
Peng Chau Helipad [The above designated project is
hereinafter referred to as “the Project”] 坪洲直升機升降坪 [這工程項目下稱"工程項目"] |
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Nature of Designated Project |
A helipad within 300m of existing
residential development. 在現有住宅發展300米內的直升機升降場。 |
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Location of Designated Project 指定工程項目的地點 |
Pak Wan, northwest Peng Chau. The location of the Project is shown in Figure
1 attached to this Permit. 坪洲西北面的白灣。工程項目的位置見載於本許可證夾附的圖1。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
A helipad used solely for emergency purpose with diameter of 25 metres
and an Emergency Vehicular Access of about 150 metres long and 4.5 metres
wide. 一個直徑25米只供緊急情況下使用的直升機升降場，和一條長約150米闊約4.5米的緊急車輛通道。 |
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) and Civil Aviation Ordinance (Cap. 448). This Permit does not by 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 operate the
Project in accordance with the project descriptions in Part B of this Permit.
1.5
The Permit Holder shall ensure that
the Project is operated in accordance with the information and all recommendations
described in the EIA Report (Register No.: AEIAR-087/2005), the application
documents including all attachments (Application No. AEP-293/2007), other
relevant documents in the Register; and the information or mitigation measures
described in this Permit. 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.
1.6
The Permit Holder shall notify the
Director in writing the commencement date of operation of the Project no later
than 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 of the operation.
2. Measures
for the Operation of the Project
2.1.
The Project
shall not be operated for purposes other than emergency and associated
essential “casevac” training flights.
2.2.
No helicopter used in
the Project shall be operated outside the flight envelope as recommended in the
EIA Report (Register No. AEIAR-087/2005) and indicated in Figure
2 of this Permit.
2.3.
Only the helicopter “Super
Puma AS332 L2” as recommended in the EIA Report (Register No. AEIAR-087/2005)
or other quieter helicopter(s) shall be used in 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 Ordinance to the Director for a
variation of the conditions of this Permit.
4. 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.
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.
6. If
this Permit is cancelled or surrendered during the implementation 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 operate a designated project listed in Part I of Schedule 2 of
the Ordinance without a valid environmental permit.
7. Any
person who 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-293/2007