Environmental
Permit No. EP-307/2008
環境許可證編號 EP-307/2008
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
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 Hong Kong Shooting Association (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射擊聯合總會 (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-307/2008 |
|
|
Document in
the Register: 登記冊上的文件： |
(1) (2) (3) |
Project Profile – “Proposed 工程項目簡介 – “於望后石谷堆田區興建的射擊場” (登記冊編號: PP-347/2008) The Director’s letter of permission to apply
directly for environmental permit dated 7 May 2008 (Reference: (18) in EP2/N4/O/96) 署長於2008年5月7日發出准許直接申請環境許可證的信件 (檔案編號：(18) in EP2/N4/O/96) Application for environmental permit submitted
by the Permit Holder on 16 May 2008 (Application No. AEP-307/2008) 許可證持有人於2008年5月16日提交的環境許可證申請 (申請書編號：AEP-307/2008) |
11 June 2008
2008年6月11日
|
Date 日期 |
|
(WONG Hon-meng) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任黃漢明代行) |
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 |
Proposed [This designated project is hereinafter referred
to as “the Project”] 於望后石谷堆田區興建的射擊場 [本指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
Open
firing ranges. 露天射擊場。 |
|
Location
of Designated Project 指定工程項目的地點 |
Restored Pillar Point Valley Landfill
in Tap Shek Kok, Tuen Mun as shown in Figure 1 and Figure 2 attached to this
Permit. 屯門踏石角已收復的望后石谷堆填區，如本許可證圖一及圖二所示。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project comprises one outdoor 25m pistol shooting range (60 lanes)
and one outdoor 50m rifle shooting range (60 lanes). 工程項目包括一個室外25米射程手槍靶場 (60條射道)及一個室外50米射程步槍靶場 (60條射道)。 |
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 (EIAO) (Cap. 499) and may become the
subject of appropriate action 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 and
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 in 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-347/2008), the Application for Environmental Permit
(Application No. AEP-307/2008), and the information and 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.
1.8 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,
1.12 The Permit Holder shall notify the Director
in writing the commencement date of construction of
the Project no later than two weeks before 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 An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before the commencement of
construction of the Project. The
IEC shall not be in any way an associated body of the Contractor for the
Project. The IEC shall be a person
who has at least 7 years of experience in environmental monitoring and audit (EM&A)
or environmental management. The
IEC shall monitor and audit the environmental mitigation measures recommended
in the Project Profile (Register No. PP-347/2008), including the implementation
of environmental mitigation measures under Conditions 2.2 to 2.13 below, during
the construction and first 12 months of the operation of the Project. In the case where the IEC 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 comply with this Condition despite employment of a new IEC
may render the Permit liable to suspension, cancellation or variation.
2.2 All
buildings within the Project site shall be of single storey only.
2.3 To minimise
ecological impact, any rare or protected plant species within the Project site
shall be transplanted to suitable location(s) outside the Project site before the
commencement of construction of the Project and the Director shall be informed.
2.4 To
mitigate site runoff during construction of the Project, drainage system with
sand or silt removal facilities and oil interceptors shall be provided. No discharge of site runoff into nearby
water body/stream shall be allowed.
2.5 To
minimise water quality impact, chemical toilets shall be provided during
construction and operation of the Project.
No discharge of wastewater into nearby water body/stream shall be
allowed.
2.6 To
minimise water quality impact, wastewater storage facilities with sufficient
capacity shall be provided for storage of wastewater during operation of the
Project. The wastewater storage
facilities shall be aboveground and without soakaway system. No discharge of wastewater into nearby
water body/stream shall be allowed.
2.7 To
minimise noise and air quality impacts during operation of the Project, solid
fence wall shall be erected on three sides of all outdoor shooting ranges
(except the rear side of the shooting place). The solid fence wall shall be at least
3.5m high with a material density of at least 20kg/m2 such as timber
baffles.
2.8 To
minimise air quality impact during operation of the Project, backstop of soft
materials such as timber baffles and sand bags shall be erected behind the
target plate of all outdoor shooting ranges to collect the bullets from
gunshots.
2.9 To
minimise lead fume emission during operation of the Project, lead-free primer
mixture shall be adopted for firearms used within the outdoor shooting ranges.
2.10 To
minimise landfill gas hazard during operation of the Project, all enclosed
buildings within the Project site shall be raised clear of the ground with a
clear separation distance between the floor slab and the ground of at least
500mm.
2.11 To
minimise landfill gas hazard during operation of the Project, a gas resistant
membrane made of at least 1mm thick high density polyethylene with hydraulic conductivity of less
than 10-12m/s, or equivalent materials, shall be applied to the
floor slab of all enclosed buildings within the Project site.
2.12 To
minimise landfill gas hazard during operation of the Project, mechanical
ventilation of at least 5 air changes per hour shall be provided for all
enclosed buildings within the Project site throughout the operating hours of
the shooting ranges.
2.13 To
avoid impact on existing landfill restoration facilities within the Project
site, no piling and no excavation of more than 300mm below ground shall be
allowed.
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-307/2008