Environmental Permit No. EP-329/2009
環境許可證編號 EP-329/2009
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 (the Ordinance), the
Director of Environmental Protection (the Director) grants this environmental
permit to the Food and Environmental Hygiene Department (hereinafter referred 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(本條例)第10條的規定,環境保護署署長(署長)將本環境許可證批予食物環境衞生署(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。本環境許可證依據下列文件、批准或許可而簽發﹕
Application No. 申請書編號 |
AEP-329/2009 |
Document in the Register: 登記冊上的文件: |
1. Provision of Cremators at Wo Hop Shek
Crematorium (Register No. AEIAR-119/2008) : -
Environmental Impact Assessment (EIA) Report (February
2008) [Hereafter referred to as "the EIA Report"] -
Environmental Monitoring and Audit (EM&A)
Manual (January 2008) [Hereafter referred to as "the EM&A Manual”] -
Executive Summary (February 2008) 1.
和合石火葬場重置火化爐工程(登記冊檔號: AEIAR-119/2008): -
環境影響評估報告 (2008年2月) [下稱“環評報告”] -
環境監察審核手冊 (2008年1月) [下稱“環監手冊”] -
行政摘要(2008年2月)
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2.
The Director’s letter of approval of the EIA Report dated 2. 署長於2008年6月24日發出該環評報告的批准信,檔案編號: (50
in EP 2/N7/N/48 Pt.II) 3.
Application for Environmental Permit submitted on 3. 於2009年 1月 16日 提交的環境許可 證申請文件 (申請書編: AEP-329/2009) [下 稱 「 申 請 書 」] |
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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
(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:
下列為本環境許可證A部 所提及的指定工程項目的說明:
Title
of Designated Project 指定工程項目的名稱 |
Provision of Cremators at Wo Hop Shek
Crematorium [The project is
hereinafter referred to as "the Project".] 和合石火葬場重置火化爐工程
[上述工程項目下稱"工程項目" ] |
Nature of Designated Project |
Construction and operation of a new
crematorium. 建造及營辦一所新的火葬場。 |
Location
of Designated Project 指定工程項目的地點 |
Wo Hop Shek, Fanling. Figure 1 attached to
this Permit shows the location of the Project. 工程項目的位置載於本許可證的附圖一。 |
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The scope of the Project includes the following works:- (i)
demolition of the existing
coffin crematorium building, transformer room, pump room and skeletal
cremator building; (ii)
provision of cremation
plant room, multi-purpose service halls and other ancillary facilities; and (iii)
operation of nine
new cremators including seven new coffin cremators, one dual-purpose cremator
for handling both coffins and skeleton cremations and one new skeletal
cremator, which are equipped with air pollution control equipment. 工程項目的範圍包括下述工程 : (i)
拆卸現有的棺木火葬場建築、變壓器室、泵房和骸骨火化爐建築; (ii)
設置火化爐的爐房、禮堂及其他輔助設施;以及 (iii)
運作九個新的、設置空氣污染控制設備的火化爐,包括七個新的棺木火化爐,一個可以處理棺木和骸骨兩用的火化爐及一個新的骸骨火化爐。
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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), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal
Ordinance (Cap. 354). 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
construction site(s) at all vehicular site entrances/exists 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 location. 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 location as the original
Permit. The suspended, varied or cancelled Permit shall be removed from
display at the construction site(s).
1.6 The
Permit Holder shall construct and operate the Project in accordance with the
project descriptions 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 EIA Report (Register
No. AEIAR-119/2008); the application documents including all
attachments (Application No. AEP-329/2009); other relevant documents in the
Register; and 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
ongoing 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
deposited submissions, as required under this Permit, shall be rectified 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, 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
variations 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 EIA Ordinance (Cap. 499). All
submissions or any variation of the submissions shall be certified by the
Environmental Team (ET) Leader and verified by the Independent Environmental
Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to
the Director under the Permit.
1.10 The
Permit Holder shall release all finalized submissions, as required under this
Permit, to the public by depositing copies in the EIA 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 All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the EIA 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.
1.12 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one month 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. Submissions or Measures before
Commencement of Construction of the Project
Employment
of Environmental and Audit (EM&A) Personnel
2.1 An Environmental Team (ET) shall be established by the
Permit Holder no later than one month before the commencement of construction
of the Project. The ET shall not be in any way an associated body of the Contractor
or the Independent Environmental Checker (IEC) for the Project. The ET shall be
headed by an ET Leader. The ET Leader shall be a person who has at least 7
years of experience in environmental monitoring and auditing (EM&A) or
environmental management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the EM&A
requirements as contained in the EM&A Manual of the Project. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report (Register No. AEIAR-119/2008) and this
Permit. The ET Leader shall notify
the IEC within one working day of the occurrence of any such instance or
circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report (Register No. AEIAR-119/2008) and
this Permit or by the Director or his authorized officers. Failure to maintain
records in the log-book, failure to discharge the duties of the ET Leader as
defined in the EM&A Manual or failure to comply with this Condition would
entitle the Director to require the Permit Holder by notice in writing to
replace the ET Leader. Failure by the Permit Holder to make replacement, or
further failure to keep contemporaneous records in the log-book despite the
employment of a new ET Leader may render the Permit liable to suspension,
cancellation or variation.
2.2 An IEC shall be employed by the
Permit Holder no later than one month before commencement of construction of
the Project. The IEC shall not be in any way an associated body of the Contractor
or the ET for the Project. The IEC shall be a person who has at least 7 years
of experience in EM&A or environmental management. The IEC shall be
responsible for duties defined in the EM&A Manual, and shall audit the overall EM&A performance, including the
implementation of all environmental mitigation measures, submissions required
in the EM&A Manual, and any other submissions required under this Permit.
In addition, the IEC shall be responsible for verifying the environmental
acceptability of permanent and temporary works, relevant design plans and
submissions under this Permit. The IEC shall verify the log-book(s) mentioned
in Condition 2.1 of this Permit. The IEC shall notify the Director by fax,
within one working day of receipt of notification from the ET Leader of each
and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No.
AEIAR-119/2008) and
this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project. In the case where the IEC fails to so
notify the Director of the same, fails to discharge the duties of the IEC as
defined in the EM&A Manual or 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 so notify the
Director despite employment of a new IEC may render the Permit liable to
suspension, cancellation or variation. Notification by the Permit Holder is the
same as notification by the IEC for the purpose of this Condition.
Management
Organization of Main Construction Companies
2.3 The
Permit Holder shall, no later than two weeks before the commencement of
construction of the Project, inform the Director in writing the management
organization of the main construction companies and/or any form of joint
ventures associated with the construction of the Project. The submitted information shall include
at least an organization chart, names of responsible persons and their contact
details.
Submission of Transplantation Proposal for Plant Species of Conservation Interest
2.4 To mitigate the ecological impact due to the loss of plant species of conservation interest, the species Aquilaria sinensis and Cibotium barometz affected within the project area shall be transplanted before the commencement of construction of the Project. The Permit Holder shall, no later than two months before commencement of transplanting works, deposit with the Director three hard copies and one electronic copy of transplantation proposal. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-119/2008). The detailed transplantation proposal shall include the following information:
(a) qualification of the specialist(s) to carry out the transplantation works;
(b) number, locations and photographs of plants to be transplanted;
(c) locations of the receptor sites for transplantation;
(d) methodology and implementation programme; and
(e) detailed schedule for post-transplantation maintenance and monitoring of plants.
The transplantation of plants shall be implemented according to the transplantation proposal.
Submission
of Landscape Plan including Tree Preservation Proposal
2.5 The Permit Holder shall, at least three months before the commencement of construction of the Project, submit four hardcopies and one electronic copy of landscape plan (including the tree preservation proposal) to the Director for approval. The landscape plan shall show the locations, size, number and species of planting, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures of the Project, in particular the landscape and compensatory planting and architectural and chromatic treatment of the crematorium building. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-119/2008).
3. Submissions
or Measures during Construction of the Project
Submission of Contamination Assessment Plan,
Contamination Assessment Report and Remedial Action Plan
3.1 Supplementary
land contamination assessment (SCA) for the locations described in Table 1 and
shown in Figures 2 and 3 of this Permit shall be carried out to determine the
nature and extent of contamination after the decommissioning of the existing
coffin crematorium and skeletal cremator.
3.2 The Permit Holder shall submit to the Director for approval three hardcopies and one electronic copy of Contamination Assessment Plan (CAP), at least two months before the commencement of land contamination investigation. The CAP shall include proposal with details of representative sampling and analysis required to determine the nature and extent of contamination. Based on the approved CAP, the Permit Holder shall conduct a contamination assessment and submit to the Director for approval three hardcopies and one electronic copy of Contamination Assessment Report (CAR) to document the findings, no later than one month after the completion of the land contamination investigation. If land contamination is confirmed, the Permit Holder shall also submit to the Director for approval three hardcopies and one electronic copy of Remedial Action Plan (RAP) to formulate necessary remedial measures. Before submission to the Director, the CAP, CAR and RAP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-119/2008).
Measures
for Land Contamination and Submission of Remediation Works Report
3.3 If land
contamination is confirmed, all remedial measures described in the RAP approved
under Condition 3.2 of this Permit shall be fully implemented.
3.4 If remediation is required, the Permit Holder shall deposit three hardcopies and one electronic copy of remediation works report to the Director, no later than one month after the completion of the remediation works. The report shall provide details on the remediation works carried out, types and volume of contaminated soil, standards and levels of treatment, and locations of all off-site disposal sites (including record of disposal). The report shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 3.3 is fulfilled.
Measures to
Mitigate Landscape and Visual Impacts
3.5 All landscaping and visual mitigation measures shall be implemented for the Project in accordance with the landscape plan (including the tree preservation proposal) approved under Condition 2.5 of this Permit. At least one month before the Project commences operation, four hard copies and one electronic copy of detailed landscape as-built drawing(s) with an explanatory statement showing the final locations, size, number and species of planting to demonstrate compliance with the approved submissions under Condition 2.5 of this Permit shall be deposited with the Director. This as-built submission shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.5 is fulfilled.
Measures to Avoid
and Minimize Environmental Nuisances from Site Vehicles
3.6 The Permit
Holder shall ensure that requirements will be set out in the contract documents
that Route 2 and Route 5 as shown in Figures 4 and 5 of this Permit shall not be used as transportation routes to and from the site(s)
during the construction period of the
Project with a view to avoiding and minimizing environmental nuisances to nearby
sensitive receivers.
4. Submissions or Measures during Operation of the Project
4.1 No
simultaneous operation of the existing and new cremators at any time.
4.2 The
maximum number of new cremators shall be limited to nine with a total maximum
loading of 1,385 kg/hour.
4.3 Town gas
shall be used as burning fuel for the new cremators.
4.4 No
cremation shall be carried out during the period from 2:30a.m. to 9:30 a.m.
4.5 During
the operation period of the Project, the Permit Holder shall ensure that
guidelines will be provided to the relatives and drivers of hearses and coaches
that Route 2 and Route 5 as shown in Figures
4 and 5 of this Permit shall not be used as
transportation routes to and from the project site with a view to avoiding and minimizing environmental nuisances to nearby
sensitive receivers.
5. Environmental
Monitoring and Audit (EM&A) Requirements for the Construction and Operation
of the Project
5.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements in the EM&A Manual.
Any changes to the monitoring and audit requirements shall be justified
by the ET leader and verified by the IEC as conforming to the requirements set
out in the EM&A Manual, and shall seek the prior
approval from the Director before implementation.
5.2 Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A Manual by:
(a)
conducting baseline environmental monitoring;
(b)
conducting impact monitoring;
(c)
carrying
out remedial actions described in the Event/Action Plans of the EM&A Manual
in accordance with the time frame set out in the Event/Action Plans, or as
agreed by the Director, in case where specified criteria in the EM&A Manual
are exceeded;
(d)
logging and
keeping records of the details of (a) to (c) above for all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and to
make available the information for inspection on site.
5.3 Three
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before the commencement of
construction of the Project. The submission shall be certified by the ET
Leader and verified by the IEC. Additional copies of the submission shall
be made available to the Director upon his request.
5.4 Three hard
copies and one electronic copy of monthly EM&A Report shall be submitted to
the Director within 2 weeks after the end of the reporting month. The
EM&A Reports shall include a summary of all non-compliance (exceedances) of
the environmental quality performance limits (Action and Limit Levels).
The submissions shall be certified by the ET Leader and verified by the
IEC. Additional copies of the submission shall be provided to the
Director upon request by the Director.
5.5 All
EM&A data submitted under this Permit shall be true, valid and correct.
6. Electronic Reporting
of EM&A Information
6.1 To facilitate public inspection of the Baseline Monitoring
Report and monthly EM&A Reports via the EIAO Internet Website and at the
EIAO Register Office, electronic copies of these Reports 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 as
described in Condition 5 above of this Permit. For the HTML version, a
content page capable of providing hyperlink to each section and sub-section of
these Reports shall be included in the beginning of the document. Hyperlinks to
all figures, drawings and tables in these Reports shall be provided in the main
text from where the respective references are made. All graphics in these
Reports shall be in interlaced GIF format unless otherwise agreed by the
Director. The content of the electronic copies of these Reports must be
the same as the hard copies.
6.2 The Permit Holder shall, within six weeks after the commencement of
construction of the Project, set up a dedicated Internet web site and notify
the Director in writing the Internet address where the environmental monitoring
data and project information is to be placed. All environmental
monitoring data described in Condition 6.1 above shall be made available to the
public via the abovementioned dedicated Internet web site in the shortest
possible time and in any event no later than 2 weeks after the relevant
environmental monitoring data are collected or become available, unless
otherwise agreed with the Director.
6.3 The Internet web site as
described in Condition 6.2 above shall enable user-friendly public access to
the environmental monitoring data and project information including the Project Profile and this Environmental Permit.
The Internet web site shall have features capable of:
(a)
providing access to all environmental monitoring
data of this Project collected since the commencement of construction;
(b)
providing access to all finalized submissions as
required under this Permit;
(c)
searching by date;
(d)
searching by types of monitoring data (water
quality, ecology, noise and air quality); and
(e)
hyperlinking to relevant monitoring data after
searching;
or otherwise as
agreed by the Director.
Table 1
List of locations for supplementary land
contamination assessment (extracted from Table 5-3 of the EIA Report (Register No. AEIAR-119/2008) and to be read in conjunction with Condition 3.1
and Figures 2 and 3 of this Permit
Location |
Parameters to be analysed for soils |
Existing Coffin Crematorium |
|
Underground
fuel tank (underneath the tank) (shown in Figure 2 of this Permit) |
Total Petroleum
Hydrocarbons (TPH) Poly
Aromatic Hydrocarbons (PAH) |
Dangerous
goods stores (shown in
Figure 2 of this Permit) |
TPH PAH |
Daily tank
room, fuel pump room and sunken fuel pipe (shown in Figure 2 of this Permit) |
TPH PAH |
Cremators
(residual inside the cremator, flue and chimneys) |
PAH Dioxins Metals (Cr, Co, Ni, Cu, Zn, As, Mo, Cd, Sn, Ba,
Hg, Pb) |
Transformer
room (shown in Figure 2
of this Permit) |
Polychlorinated
Biphenyls (PCB) |
Skeletal
Cremator Building |
|
Underground
fuel tank (underneath the tank) (shown in Figure 3 of this Permit) |
TPH PAH |
Dangerous
goods store (shown in
Figure 3 of this Permit) |
TPH PAH |
Cremator
(residual inside the cremator, flue and chimneys) |
PAH Dioxins Metals (Cr, Co, Ni, Cu, Zn, As, Mo, Cd, Sn, Ba,
Hg, Pb) |
Notes :
1. This
Permit consists of three parts, namely, PART A (Main Permit), PART
B (Descriptions 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 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 site.
6. If
this Permit is cancelled or surrendered during 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 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-329/2009
環境許可證編號EP-329/2009
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