Environmental Permit No. EP-304/2008
環境許可證編號 EP-304/2008
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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 (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the GEOTECHNICAL ENGINEERING OFFFICE, CIVIL ENGINEERING AND
DEVELOPMENT DEPARTMENT (hereinafter referred to as the "Permit
Holder") to construct 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土木工程拓展署轄下土力工程處(下稱 ”許可證持有人”)，以建造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
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AEP-304/2008 |
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Document in the Register : 登記冊上的文件: |
1.
Project Profile - 工程項目簡介 – 人造斜坡編號3SE-B/C156的防止山泥傾瀉工程 在大埔涌尾近船灣淡水湖，新娘潭路路旁（二零零七年十二月）（登記冊編號: PP-339/2007） 2.
Application for
Environmental Permit submitted by the Permit Holder on 5 February 2008
(Application No.: AEP-304/2008) 許可證持有人於2008年2月5日提交的環境許可證申請 (申請書編號: AEP-304/2008) |
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Application No. 申請書編號 |
AEP-304/2008 |
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Director's Permission
to Apply Directly for Environmental Permit |
Letter
Reference: (28) in EP2/N5/Q1/52 信件檔號: (28) in EP2/N5/Q1/52 Date:
5 February 2008 日期: 2008年2月5日 |
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3 March 2008 |
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Date 日期 |
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(Maurice
K.L. YEUNG) Principal
Environmental Protection Officer (Assessment
and Noise) for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音) 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:
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Title of Designated Project 指定工程項目的名稱
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Landslip Preventive Works at Feature No. 3SE-B/C
156 [This
designated project is hereinafter referred to as "the Project"] 人造斜坡（編號 3SE-B/C156）防止山泥傾瀉工程。 [這指定工程項目下稱"工程項目"]
|
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Nature of Designated Project 指定工程項目的性質 |
To
carry out landslip preventive works at Feature No. 3SE-B/C156 進行人造斜坡（編號 3SE-B/C156）防止山泥傾瀉工程。 |
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Location of Designated Project 指定工程項目的地點
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Along
Bride’s 大埔涌尾近船灣淡水湖的新娘潭路路旁。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 |
The scope of works comprises minor
earthworks, soil nailing, drainage improvement and landscaping works as shown
in Figure 2
of this Permit. 工程項目包括本許可證圖2所示小型土方工程、為土壤斜坡裝設泥釘、改善排水工程及景觀美化工程。 |
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 Noise Control Ordinance (Cap. 400), Air Pollution Control
Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste
Disposal Ordinance (Cap. 354) 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 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
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 and constructed in accordance with the information and
recommendations described in the Project Profile (Register No. PP-339/2007) in
the EIA Ordinance Register, the information and 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 specified by the Director.
1.9
All submissions approved 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 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 commencement date of construction of the Project no later than 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.
1.12
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.
1.13
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
No
works shall be carried out outside the Project site boundary as indicated in Figure 1 and Figure 2
of this Permit.
2.2
No
tree shall be felled within the Project site boundary.
2.3
All
plant species of conservation importance within the Project boundary, including
Brainea insignis, Camellia sp, Pavetta hongkongensis and Antirhea
chinesis, shall be preserved.
2.4
The
applicant shall submit to the Director for approval, at least four weeks before
commencement of construction, five sets of Master Landscape Plan showing the
followings:-
(i)
locations
of the plant species of conservation importance including Brainea insignis,
Camellia sp, Pavetta hongkongensis and Antirhea chinesis;
(ii)
all
existing trees within the works area and their corresponding canopy spreads;
(iii)
locations
of soil nails and raking drains;
(iv)
proposed
ring size for the plant species of conservation importance and trees located
within sprayed concrete area with an explanatory note providing justification
on the proposed ring sizes;
(v)
location
of compensatory planting of coverage no less than 1200 m2, including
hydroseeding of shrub mix and planting of whip, and planting of climbers. Details of plant type shall also be
shown;
(vi)
soil
nails and raking drain shall be positioned to minimize potential damage to root
system of nearby trees;
(vii)
colour
scheme for the maintenance stairs and the sprayed concrete on the slope
surface;
(viii)
a
proposal to protect trees and species of conservation importance on site (e.g.,
surrounding with barricades, provision of temporary hessian armouring around
tree trucks, etc.).
2.5
All
mitigation measures in accordance with the approved Master Landscape Plan shall
be fully implemented.
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 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 a designated project listed in Schedule 2 of the
Ordinance without a valid environmental permit.
7. Any person who constructs
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-304/2008
環境許可證編號 EP-304/2008
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