Environmental Permit No. EP-310/2008
環境許可證號碼EP-310/2008
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 (EIAO), 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 |
AEP-310/2008 |
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Document in the Register : 登記冊上的文件:
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1. Helipad at Yung Shue Wan, Lamma Island - Final Environmental Impact Assessment Study Report - Executive Summary - Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-094/2006)
南丫島榕樹灣直升機升降坪 - 最終環境影響評估研究報告 - 行政摘要 - 環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-094/2006）
2. The Director’s letter of approval of the EIA Report dated 19 January 2006 referenced EP2/N9/B/91
環境保護署署長於二○○六年一月十九日發出批准環評報告的信件檔案編碼EP2/N9/B/91
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Document in the Register : 登記冊上的文件:
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3. Application for Environmental Permit received on 15 February 2006 (Application No.: AEP-242/2006) for construction of the designated project
許可證持有人於二○○六年二月十五日提交的許可証申請文件（申請書編號：AEP-242/2006）以建造指定工程項目
4. Environmental Permit issued on 13 March 2006 (Permit No. EP-242/2006) for construction of the designated project
於二○○六年三月十三日發出的環境許可證 (許可證編號 EP-242/2006) 以建造指定工程項目
5. Application for Environmental Permit dated 25 July 2008 (Application No.: AEP-310/2008) for operation of the designated project
許可證持有人於二○○八年七月二十五日提交的許可証申請文件（申請書編號：AEP-310/2008）以營辦指定工程項目
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20 August 2008 |
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Date 日期 |
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(Sam W. H. WONG) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃偉康代行)
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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:
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Title of Designated Project 指定工程項目的名稱
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Helipad at Yung Shue Wan, Lamma Island . (This designated project is hereafter referred to as “the Project”) 南丫島榕樹灣直升機升降坪。 (本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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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
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Yung Shue Wan, Lamma Island. 位處南丫島榕樹灣。
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。 |
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Scale and Scope of Designated Project |
A helipad used solely for emergency purpose with diameter of 25 metres and an Emergency Vehicular Access of about 25 metres long and 4.3 metres wide connecting the helipad with existing road. 一個直徑25米只供緊急情況下使用的直升機升降坪，和一條長約25米闊約4.3米連接現有道路的緊急車輛通道。 |
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 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 operate the Project in accordance with the project description in Part B of this Permit.
1.5 The Permit Holder shall ensure that the Project is designed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-094/2006), the Application for Environmental Permit (Application No. AEP-310/2008) and other relevant documents in the Register, 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.
1.6 The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one week 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 No operation of the Project shall be carried out for commercial purpose. The Project shall only be operated for emergency purpose and associated activities.
2.2 Helicopter used in the Project shall be operated within the Approach and Departure Area as recommended in the EIA Report (Register No. AEIAR-094/2006) and indicated in Figure 2 of this Permit.
2.3 Helicopter type of “Super Puma AS332 L2” or “EC155 B1” as recommended in the EIA Report (Register No. AEIAR-094/2006) or other quieter helicopter(s) shall be used in the Project. Quieter helicopter including helicopter type of “EC155 B1” shall be used whenever practicable.
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.
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.
6. If this Permit is cancelled or surrendered during 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 operate a designated project listed in 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 conditions 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-310/2008
環境許可證編號EP-310/2008
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