Environmental Permit No. EP-335/2009
環境許可證編號EP-335/2009
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
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 described in or attached to 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部所說明或附載的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：–
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Application No. 申請書編號 |
AEP-335/2009
|
|
Document in the Register |
1. Phased Reprovisioning of ·
Environmental Impact Assessment Report (March 2009) [Hereinafter
referred to as "the EIA Report"] ·
Environmental Monitoring and Audit Manual (March 2009) [Hereinafter
referred to as “the EM&A Manual”] ·
Executive Summary (March 2009) 1. 重建歌連臣角火葬場計劃
·
行政摘要 (2009年3月) |
|
2. The Director’s letter of
approval of the Report dated 2. 署長於 |
|
|
3. Application for
Environmental Permit submitted on 3. 於 |
Date (Mrs. Shirley Lee)
日期
Principal Environmental Protection Officer
for
Director of Environmental Protection
環境保護署署長
(首席環境保護主任 李韓琇玲女士代
行)
PART B
( DESCRIPTIONS OF DESIGNATED PROJECT(S) )
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 |
Phased
Reprovisioning of [This project
is hereinafter referred to as "the Project".] 重建歌連臣角火葬場計劃 [下稱上述工程項目為工程項目。] |
|
Nature of Designated Project(s) 指定工程項目的性質 |
Construction and operation of a
new crematorium. 建造及營辦一所新的火葬場。 |
|
Location of Designated
Project(s) 指定工程項目的地點
|
Existing 東區歌連臣角道，歌連臣角火葬場現址 The location
of the Project is as shown in Figure 1 attached to this Permit. 工程項目的地點載於本環境許可證的圖1。 |
|
Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
The scope of the Project
includes the following works:- (i) Construct and operate 4 new
cremators with ancillary facilities under Phase 1 (the Phase 1 site area is shown
in diagonal-stripped red in Figure 2 attached to
this Permit); (ii) demolition of the existing
crematorium and the existing underground fuel tank under Phase 2 (the
demolition areas as shown in crosshatched blue in Figure
2 attached to this Permit); and (iii) construct and operate 6 new
cremators with ancillary facilities under Phase 2 (the block plan of new
crematorium upon completion of
Phase 1 and Phase 2 is shown in Figure 3 attached to this Permit). 工程項目的範圍包括下述工程 : (i)
在第一期工程建造及營辦四個新火化爐及其輔助設施(第一期工程範圍以紅色斜線顯示於本環境許可證的圖2)； (ii)
在第二期工程拆卸現有的火葬場和地底燃料缸(拆卸範圍以藍色格線顯示於本環境許可證的圖2)；以及 (iii)
在第二期工程建造及營辦六個新火化爐及其輔助設施(在第一及第二期工程完成後新火葬場的平面圖顯示於本環境許可證的圖3)。 |
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) 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 document 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/exits or at a convenient
location for public 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, carried 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 approved EIA Report (Register No. AEIAR-137/2009); the
application documents including all attachments (Application No. AEP-355/2009);
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 1.3 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 of the Project” 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
Monitoring 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 and in the approved EIA Report (Register No. AEIAR-137/2009) 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
findings of the approved EIA Report (Register No. AEIAR-137/2009) and the
compliance with the recommendations of the approved EIA Report (Register No.
AEIAR-137/2009) 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 the supervision of the implementation of the
recommendations of the approved EIA Report (Register No. AEIAR-137/2009) 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 described
in the approved EIA report (Register No.: AEIAR-137/2009), 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 approved
EIA Report (Register No.
AEIAR-137/2009) 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 a Works Schedule
2.4
The Permit
Holder shall, no later than two weeks before the commencement of construction
of the Project, deposit a works schedule to the Director. The works schedule shall indicate the works
programme with construction commencement and completion dates of the key
construction works, in particular (a) dates of commencement of Phase 1 and
Phase 2 works and planned full commissioning of the Project upon completion of
Phase 1 and Phase 2 works; and (b) the anticipated schedule of submissions
under Phase 1 and Phase 2 works and after full commissioning of the Project for
fulfilling the submission requirements as set out in Conditions 3.1, 3.3, 3.5,
3.6, 3.7, 5.2, 6.2 and 6.3 of this Permit.
3
Submissions or Measures during
Construction of the Project
Measures to Mitigate Visual Impacts
3.1
The Permit Holder shall, no later than
one month before the commencement of construction of the Project, deposit four
hard copies and one electronic copy of Visual Mitigation Measures Plan to the
Director. The Plan shall show the
locations, size, number and species of planting, aesthetic design details, implementation
programme, maintenance and management schedules and drawings in the scale of
1:1000 or other appropriate scale.
Before submission to the Director, the 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 – 137/2009).
3.2
All visual mitigation measures shall be
implemented for the Project in accordance with the Visual Mitigation Measures Plan
deposited under Condition 3.1 of this Permit. The implementation of the measures shall
be reported in the following EM&A monthly report.
Measures for Mitigating Land Contamination
3.3
To determine the extent and level of
land contamination and formulate necessary remedial measures at the existing
Cremator Rooms 1 and 2 and the trial pit location (TP1) underneath the fuel
pipeline as shown in Figure 4 of this Permit, the Permit Holder shall:-
(a)
no later than two months before
demolition of the existing crematorium, submit to the Director for approval four
hard copies and one electronic copy of Supplementary Contamination Assessment
Plan (SCAP). The SCAP shall include
proposal with details of representative sampling and analysis required to
determine the nature and extent of contamination;
(b)
no later than one month after the
completion of the land contamination investigation works, submit to the Director for approval four
hard copies and one electronic copy of Supplementary Contamination Assessment
Report (SCAR) to document the findings of the land contamination assessment conducted
based on the approved SCAP; and if land contamination is confirmed, submit to
the Director for approval four hard copies and one electronic copy of
Supplementary Remedial Action Plan (SRAP) to formulate necessary remedial
measures. All remedial measures
described in the approved SRAP shall be fully implemented. No demolition of the existing
crematorium shall be carried out until the SCAP/SRAP is approved by the
Director.
Before submission to the Director, the SCAP, SCAR and SRAP
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-137/2009)
3.4
To clean up the contaminated soils
around the underground fuel storage tank, the soils identified to have heavy
metal containing lead exceeding the Risk-Based Remediation Goals (RBRGs) levels
of 2,290mg/kg at the hotspot BH1 (as shown in Figure 4 of this Permit), the Permit Holder shall excavate
and treat the contaminated soils by cement solidification/stabilization.
3.5
To demonstrate satisfactory completion
of soil remediation works as referred to Conditions 3.3 and 3.4 and confirm
that all contaminated soils failing to meet the RBRGs criteria set out in Appendix
1 have been treated and removed, the Permit Holder
shall, no later than two weeks before demolition of the existing crematorium,
deposit four hard copies and one electronic copy of Remediation Report to the
Director. The Report shall contain
details on the extent of contaminated areas, types and volume of contaminated
soils, soil remedial treatment carried out, confirmatory soil samplings taken
for closure assessment for the existing crematorium and underneath the underground
fuel storage tank, and locations of all on-site backfilling/off-site disposal destinations
(including record of disposal).
Before submission to the Director, the Report shall be certified by ET
Leader and verified by the IEC to demonstrate the Conditions 3.3 and 3.4
have been fulfilled.
Demolition, Handling, Treatment and
Disposal of Dioxin Containing Material (DCM)
3.6
To determine
the location(s), extent and level(s) of Dioxin Containing Materials (DCM) in
the depositions/building structures in the existing crematorium, in particular
chimneys, flue and cremation rooms, and formulate a specific demolition plan
for demolition, handling,
treatment and disposal, the
Permit Holder shall:-
(a)
no later than two months before demolition
of the existing crematorium, submit to the Director for approval four hard
copies and one electronic copy of DCM Investigation Plan. The Plan shall include proposal with
details of representative sampling and analysis required to determine the
location(s), extent and level(s) of dioxin contamination. No investigation works shall be carried
out until the DCM Investigation Plan is approved by the Director;
and
(b)
no later than one
month after completion of the DCM investigation works, submit to the Director
for approval four hard copies and one electronic copy of DCM Assessment
Report. The Report shall present
the findings of the investigation works and contain a specific demolition plan,
according to the principles as described in Appendix 2 attached to this
Permit, with the details of methods and procedures for demolition, handling,
treatment and disposal of the DCM and precautionary measures for avoiding cross
contamination of DCM and asbestos containing materials. All procedures and precautionary measures
described in the approved DCM Assessment Report shall be fully implemented. No demolition of the existing
crematorium shall be carried out until the DCM Assessment Report is approved by
the Director.
Before submission to the Director, the DCM Investigation
Plan and DCM Assessment Report 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-137/2009).
3.7
To demonstrate satisfactory completion
of DCM demolition, handling, treatment and disposal and confirm that all DCM
within the existing crematorium failing to meet the 1 part per billion toxicity
equivalent (1 ppb TEQ) criterion have been treated and removed, the Permit
Holder shall, no later than two weeks before demolition of the existing
crematorium, deposit four hard copies and one electronic copy of Confirmatory
Report. The Report shall contain details on the extent of DCM
contaminated locations, levels and volume of contaminated soils, remedial
treatment carried out, confirmatory soil samplings taken for closure assessment
and locations of all on-site backfilling/off-site disposal destinations
(including record of disposal).
Before submission to the Director, the Report shall be certified by ET
Leader and verified by the IEC to demonstrate the Condition 3.6 has been
fulfilled.
4.
Measures during Testing and
Commissioning (T&C) Period under Phase 1 of the Project
4.1 To
avoid introducing additional chimney emissions to the environment, the Permit
Holder shall limit the total number of cremators in operation during the four
months T&C Period, accounting for both the twelve existing cremators in
normal services and the four new cremators under commissioning test, to no more
than eight existing cremators and two new cremators concurrently at any one time.
4.2 To
ensure compliance of Condition 4.1 above, the Permit Holder shall maintain a
log-book to record the number of existing and new cremators concurrently operated
daily during the T&C period.
The log-book shall be made available for ET/IEC auditing during the
T&C period and reported in the following EM&A monthly report.
5.
Submissions
or Measures Before and During Full Commissioning of the Project
5.1 The
maximum number of new cremators shall
be limited to ten with a total maximum loading of 1,526 kilogram per hour.
5.2 To
demonstrate the effectiveness of the noise mitigation measures proposed for the
radiators, the Permit Holder shall no later than one month after full commissioning
of the Project, deposit with the Director four hard copies and one electronic
copy of a Noise Measurement Report.
The Report shall at least contain:
(a)
layout
plan(s) showing the location of the radiators (in the scale of 1:500 or other
appropriate scale);
(b)
design layout(s)
(in the scale of 1:500 or other appropriate scale) showing the dimensions and
material and other details related to the noise reduction function adopted for
the installed noise barriers;
(c)
location
plan(s) showing the measurement point(s) representing the noise sensitive
receivers at King Tsui Court and Cape Collinson Crematorium Staff Quarter; and
(d)
measurement
methodology and results demonstrating the effectiveness of the noise mitigation
measures.
Before submission to the Director, the Noise Measurement Report shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and requirements as set out in the approved EIA report (Register
No. AEIAR-137/2009).
5.3 The
Permit Holder shall maintain the proper functioning of the noise barriers in
accordance with the design details that are contained in the submission
required under Condition 5.2 above, after full commissioning of the Project.
6 Environmental
Monitoring and Audit (EM&A) Requirements for the Project
6.1
The EM&A programme of the Project
shall be implemented in accordance with the procedures and requirements in the
EM&A Manual of this Project. The key elements of the EM&A programme include the
monitoring
for noise and air quality during the construction stage and implementation of
visual mitigation measures during the first year of full commissioning of the
Project. 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.
6.3
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 with
the recommendations in the approved EIA Report (Register No. AEIAR-137/2009) or
this Permit. 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.
6.4
All EM&A results submitted under this Permit shall be true, valid
and correct.
6.5
Any necessary remedial measures and actions as described in the EM&A
Manual shall be fully and properly carried out, in accordance with the time
frame(s) set out in the EM&A Manual, or as agreed by the Director.
6.6
For timely access of information by the affected community, all
environmental monitoring data and results shall be made available to the public
through a dedicated web site to be set up by the Permit Holder under Conditions
7.2 and 7.3 below. The monitoring
data shall be certified by the ET Leader and verified by the IEC before
releasing to the public, in the shortest practicable time and in no event later
than 2 weeks after such information is available.
7
Electronic
Reporting of EM&A Information
7.1
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 1.3 or later), unless otherwise
agreed by the Director and shall be submitted at the same time as the hard
copies as described in Conditions 6.2 and 6.3 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.
7.2
The Permit Holder shall, within one
month 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 7.1
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. The Permit
Holder shall maintain the dedicated website for public access of the
environmental monitoring data and reports throughout the construction stage and
during the first year of full commissioning of the Project, or otherwise
specified by the Director.
7.3
The Internet web site as described in
Condition 7.2 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; and
(e)
hyperlinking to relevant monitoring data after searching;
or
otherwise as agreed by the Director.
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-335/2009
環境許可證編號 EP-335/2009
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