Environmental Permit No. EP-297/2007
環境許可證編號EP-297/2007
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 Water
Supplies Department (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水務署(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-297/2007 |
|
Document in
the Register: 登記冊上的文件: |
(1) (2) (3) |
Project Profile – “Extension of Ma On Shan Salt
Water Service Reservoir – Construction of Ma On Shan No.3 Salt Water Service
Reservoir” (Register No. PP-326/2007) 工程項目簡介 – “擴建馬鞍山海水配水庫 – 建設馬鞍山三號海水配水庫” (登記冊編號: PP-326/2007) The Director’s letter of permission to apply
directly for environmental permit dated 12 October 2007 (Reference: (8) in
EP2/N1/Q/46) 署長於2007年10月12日發出批准直接申請環境許可證的信件 (檔案編號:(8) in EP2/N1/Q/46) Application for environmental permit submitted
by the Permit Holder on 30 November 2007 (Application No. AEP-297/2007) 許可證持有人於2007年11月30日提交的環境許可證申請 (申請書編號:AEP-297/2007) |
21 December 2007
2007年12月21日
Date 日期 |
|
(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)
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 |
Extension
of Ma On Shan Salt Water Service Reservoir – Construction of Ma On Shan No.3
Salt Water Service Reservoir [This
designated project is hereinafter referred to as “the Project”] 擴建馬鞍山海水配水庫 – 建設馬鞍山三號海水配水庫 [本指定工程項目下稱 “工程項目”] |
Nature of Designated Project |
Earthworks
in Ma On Shan Country Park. 於馬鞍山郊野公園內進行土木工事。 |
Location
of Designated Project 指定工程項目的地點 |
Ma
On Shan Salt Water Service Reservoir. The location of the Project is shown in Figure 1 of this Permit. 馬鞍山海水配水庫。工程項目的位置載於本許可證夾附的圖1。 |
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Construction
of a service reservoir with a dimension of 19.9m x 21.3m and storage capacity
of 1200 cu.m. 建設一個長闊為19.9米x
21.3米及容量為1200立方米的配水庫。 |
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-326/2007); 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 All mitigation
measures described in the Project Profile submitted by the Permit Holder on 11
September 2007 (Register No. PP-326/2007) shall be fully implemented.
2.2 The Project shall only be constructed at
the location as indicated in Figure 1
of this Permit.
2.3 The Permit Holder shall implement the
compensatory planting and transplantation schemes as shown in Figures 2, 3 and 4 of this Permit.
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,
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, 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.
9. The
Notes are for general reference only and that the Permit Holder should refer to
the EIAO for details and seek independent legal advice.
Environmental Permit No. EP-297/2007
| Figure 1 | Figure 2 | Figure 3 | Figure 4 |
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