Environmental Permit No. EP-352/2009
環境許可證編號EP-352/2009
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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 Highways Department (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路政署(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：
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Application No. 申請書編號 |
AEP-352/2009 |
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Document in the Register: 登記冊上的文件： |
(1)
(Register No.:
AEIAR-144/2009) Hereinafter referred to as
“the EIA Report” 港珠澳大橋香港接線–環境影響評估報告，行政摘要，環境監察及審核手冊 (登記冊編號: AEIAR-144/2009) 下稱“環評報告” (2)
Application
for Environmental Permit on 許可證持有人於 (3)
The
Director’s letter of approval of the EIA Report dated
署長於 |
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Date 日期 |
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(Sam W. H. WONG) Principal Environmental Protection Officer (Regional Assessment
) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估)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 |
(This
designated project is hereafter referred to as “the Project”) 港珠澳大橋香港接線 (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 |
A
road which is an expressway, trunk road, primary distributor road or district
distributor including new roads and major extensions or improvement to
existing roads 屬快速公路、幹道、主要幹路或地區幹路的道路，包括新路及對現有道路作重大擴建或改善的部分 Reclamation
works (including associated dredging works) more than 面積超過 A
dredging operation exceeding 挖泥量超過 |
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Location of Designated Project 指定工程項目的地點 |
The
Project links the proposed 本工程項目連接香港特別行政區邊界的擬建港珠澳大橋主橋與擬建於機場島東北水域的香港口岸。 The
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 指定工程項目的規模和範圍 |
The
Project comprises the following: (i) A dual-3 carriageway
with hard shoulder of about · about
· about
· about
· about
(ii) Reclamation of about 本工程項目包括以下各項: (i) 一條約12公里長，有硬質路肩的雙程三線分隔行車道。
行車道包括以下各項: -
約7.3公里長的海上高架橋(由粵港分界線至機場島的着陸地點，近南環路位置); - 約2.1公里長的陸上高架橋(由機場島的着陸地點至觀景山的隊道西龍口); - 約1.1公里長的隧道(由觀景山的西龍口至位於機場島東面水域填海區的東龍口); - 約1.5公里長的地面道路(由隧道東龍口至香港口岸)。 (ii) 沿機場島東岸約填海23公頃。 |
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 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 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 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 recommendations described in the approved EIA Report (Register
No.: AEIAR–144/2009), the application documents including all
attachments (Application No. AEP-352/2009), other relevant documents in the
Register, and the information and mitigation measures described in this Permit,
and mitigation measures to be recommended in the submissions that shall be
deposited with or approved by the Director as a result of the 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
deposited 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, and 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.
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 this Permit.
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 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 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.
1.12 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 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hardcopies.
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 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
six weeks 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 seven 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. 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–144/2009)
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 supervision of the implementation of the
recommendations of the EIA Report (Register No.: AEIAR–144/2009)
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 six weeks 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 seven 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–144/2009)
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.
Environmental Project Office
2.3 To
oversee the cumulative environmental impacts arising from the Project and other
concurrent projects in the adjoining area and to liaise closely with the
mainland project teams for the
Management organization of main
construction companies
2.4 The
Permit Holder shall, at least two weeks before the commencement of construction
of each relevant contract under 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 corresponding part of
the Project. The submitted
information shall include at least an organization chart, names of responsible
persons and their contact details.
Plan
on marine ecological mitigation measures
2.5 The
Permit Holder shall deposit with the Director prior to the commencement of
marine works of the Project, three hard copies and one electronic copy of a
Dolphin Watching Plan. The plan
shall include regular inspection of the silt curtains, visual inspection of the
waters surrounded by the curtains, and an action plan shall be devised to cope
with any unpredicted incidents such as the case that Chinese white dolphin is
found within the water surrounded by the silt curtains.
2.6 The
Permit Holder shall deposit with the Director, at least one month before the
commencement of construction of the Project, three hard copies and one
electronic copy of the design and implementation of acoustic decoupling
measures applied during bored piling, dredging and reclamation works.
2.7 The
Permit Holder shall submit to the Director for approval, at least one month
before the commencement of construction of the Project, three hard copies and
one electronic copy of a detailed coral translocation methodology, including
pre-translocation survey, identification of receiving sites and
post-translocation monitoring.
2.8 The
Permit Holder shall deposit with the Director, at least one month before the
commencement of construction of the Project, three hard copies and one
electronic copy of a Spill Response Plan detailing the actions to be taken in
the event of accidental spillage of oil or other hazardous chemicals from
construction activities including vessels operating for the Project, with
specific provisions for protecting marine ecology and the Chinese white
dolphins.
2.9 To
minimize the chance of vessel collision and the disturbance to the Chinese
white dolphins, the Permit Holder shall deposit with the Director, at least two
weeks before the commencement of the construction of the Project, three hard
copies and one electronic copy of a plan showing the regular marine travel
routes of vessels moving to and from the Project work sites. Any subsequent changes to the regular
routes shall be verified by the IEC as conforming to the requirements in the
EIA Report and deposited with the Director.
Emergency response plan for
tank farm
2.10 The Permit Holder
shall deposit with the Director, at least two months before the commencement of
the construction of the project, three hard copies and one electronic copy of
an emergency response plan to minimize death and damages due to accidents at
the tank farm. The emergency
response plan shall at least detail the emergency response procedures including
evacuation, logistics and notification arrangement in the event of fire, fuel
spillage and fuel leakage at the tank farm.
Landscape and visual plan
2.11 The Permit Holder
shall deposit with the Director, at least one month before the commencement of
the construction of each relevant part of the Project, three hard copies and
one electronic copy of a landscape and visual plan incorporating measures,
including aesthetic design on the viaduct, tunnel portals, at-grade roads and
reclamation and visually neutral/recessive colour scheme for construction of
offshore structures and night-time lighting control.
Waste management plan
2.12 The
Permit Holder shall deposit with the Director, at least one month before the
commencement of the construction of the project, three hard copies and one
electronic copy of a waste management plan (WMP) for the construction stage of
the Project. The WMP shall describe
the arrangements for avoidance, reuse, recovery and recycling, storage,
collection, treatment and disposal of different categories of waste to be
generated from the construction activities and shall include the recommended
mitigation measures on waste management in the EIA Report. The WMP shall indicate the disposal
location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included
in the WMP. Surplus excavated spoil
and other wastes shall only be disposed of at designated disposal locations
unless otherwise approved by the Director.
All measures recommended in the WMP shall be fully and properly
implemented by the Permit Holder and any person working on the Project
throughout the construction period.
3. Submissions
or Measures during Construction and Operation of the Project
Measure
to mitigate ecological impacts during construction
3.1 The
Permit Holder shall not, for the marine bored piles located at the west of the
3.2 The
Permit Holder shall not use any of the land area in Sham Wat, Sha Lo Wan, Hau
Hok Wan and San Tau as works area, vehicle parking, equipment storage or other
related activities.
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3.3 The
Permit Holder shall not use underwater percussive piling.
3.5 Once
the perimeter silt curtains as mentioned in Condition 3.4 above are installed
or re-deployed, the Dolphin Watching Plan as deposited under Condition 2.5 of
this Permit shall be implemented as part of the EM&A programme.
3.6 All
vessels within the works areas shall not travel at a speed higher than 10
knots.
3.7 Air
compressors and other noisy equipment mounted on construction vessels shall be
acoustically- decoupled.
3.8 To
protect the habitat for Romer’s Tree Frog, the woodland in Scenic Hill shall
not be encroached upon by the Project. The Permit Holder shall also avoid runoff
entering into the habitat for Romer’s Tree Frog.
Measure
to mitigate water quality impacts during construction
3.9 The
Permit Holder shall undertake the bored piling within metal casing.
3.10 The
Permit Holder shall provide silt curtains closely surrounding the dredging
point at all time throughout the dredging operation to minimize dispersion of
sediment plumes.
3.11 Reclamation
filling for the Project shall not proceed until at least
3.12 Not more than 30%
public fill shall be used for reclamation filling below +2.5mPD, unless
otherwise agreed by the Director.
Measures
to mitigate water quality impacts from re-deposition of contaminated sediment
3.13 The Permit Holder
shall form a pit within the Project boundary in accordance with Figure 2 of this Permit to receive the
dredged contaminated sediment (requiring Type 2 Confined Marine Disposal under
the Environment, Transport and Works Technical Circular (Works) No. 34/2002)
from the Project. The Permit Holder
shall deposit with the Director the design and exact location of the pit at
least one month before forming the pit.
3.14 Before
re-deposition the contaminated sediment, a layer of geotextile shall be placed
at the bottom of the pit to avoid the direct contact of the contaminated
sediment and the bottom sediment.
Steel sheet pilings shall be formed in advance around the pit with silt
curtain installed outside the sheet pilings in accordance with Figure 3 of this Permit.
3.15 The contaminated
sediment shall not be disturbed after re-deposition. No piling works or deep foundation which
may disturb the contaminated sediment is allowed within the pit as described in Condition 3.12 of this Permit.
Emergency response plan for
spillage of oil and chemicals
3.16 The Permit Holder shall, no
later than two months before the commencement of operation of the Project,
deposit with the Director three sets of a detailed Emergency Response Plan
(ERP) on how to prevent oil and chemical spillages caused by traffic incidents
on the carriageway from entering into the waterbody. The ERP shall be verified by the IEC as
conforming to the recommendations contained in the EIA Report.
4. Environmental
Monitoring and Audit (EM&A) Requirements
4.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements as set out in the EM&A Manual. Any proposed change to the programme
shall be justified by the ET leader and verified by the IEC as conforming to
the information and requirements contained in the EM&A Manual before
submission to the Director for approval.
4.2 Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A Manual by:
(a)
conducting baseline 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 frames 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;
and
(d)
logging and keeping records of
details of (a) to (c) above for all parameters within three 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 for
inspection on site.
4.3 Three
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least two weeks before commencement of
construction of the Project. The
submission shall be verified by the IEC.
Additional copies of the submission shall be made available to the
Director upon his request.
4.4 Three
hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within ten working days after the end of the
reporting month. The monthly
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 verified by the
IEC. Additional copies of the submission shall be provided
to the Director upon request by the Director.
4.5 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
4.6 To
ensure a high degree of transparency regarding the monitoring data and results
in view of the public concern about the Project, all environmental monitoring
and audit data and results and all submissions and performance test data and
results required by this Permit shall be made available by the Permit Holder to
the public through a dedicated web site to be set up by the Permit Holder under
Condition 5.2 below, in the shortest practicable time and in no event later
than two weeks after such information is available.
Inspection to archaeological site
4.7 The
Permit Holder shall conduct inspection to the Sha Lo Wan (West) Archaeological
Site every three months to ensure the avoidance of impacts from the construction
activities in accordance with the methodology specified in the EM&A Manual
throughout the construction period of the Project. The inspection results
shall be recorded in the EM&A Report.
5. Electronic
Reporting of EM&A Information
5.1 To facilitate
public inspection of the Baseline Monitoring Report and monthly EM&A
Reports via the Environmental Impact Assessment Ordinance Internet Website and
at the Environmental Impact Assessment Ordinance 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 hardcopies as described in Condition 4 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, JPEG or PDF format unless
otherwise agreed by the Director.
The content of the electronic copies of these Reports must be the same
as the hardcopies.
5.2 The
Permit Holder shall, within six weeks to the commencement of construction of
the Project, set up a dedicated web site and notify the Director in writing the
Internet address, where the project information, all environmental monitoring
and audit data and reports described in Condition 5.1 above, and all finalized
submissions and plans required under this Permit, are to be placed. All environmental monitoring and audit
data and reports described in Condition 5.1 above shall be made available to
the public via this dedicated web site to be set up by the Permit Holder in the
shortest possible time and in no event later than two weeks after the relevant
environmental monitoring data and reports is/are collected or become available,
unless otherwise agreed with the Director.
All finalized submissions and plans shall be made available to the
public via this dedicated web site to be set up by the Permit Holder in the shortest
possible time and in no event later than two weeks after they are deposited
with or approved by the Director as required under this Permit, unless
otherwise agreed with the Director.
5.3 The
Internet website as described in Condition 5.2 above shall enable user-friendly
public access to the monitoring and project information including the EIA
report, the environmental permit(s), all environmental monitoring and audit
data and report and all finalized submissions and plans required under this
Permit. Unless otherwise agreed
with the Director, the internet website shall have
features capable of:
(a) providing
access to all environmental monitoring data collected since the commencement of
works;
(b) searching
by date;
(c) searching
by types of monitoring data (e.g. noise, water and air quality); and
(d) providing
hyperlinks to relevant monitoring data after searching.
Notes :
註：
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.
本許可證共有3部，即A部 (許可證主要部分)； B部 (指定工程項目的說明) 及C部 (許可證條件)。 任何援引本許可證的人士須就條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員可在環境局局長的同意下勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。
在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
3. The
Permit Holder may apply under Section 13 of 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 construction site by the amended
permit.
許可證持有人可根據條例第13條的規定向署長申請更改本許可證的條件。
許可證持有人須以經修訂的許可證替換在建造工地內展示的原有許可證。
4. A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under Section 12 of the Ordinance to the Director
for a further environmental permit.
承擔指定工程項目整項或部分工程的責任的人，在承擔責任之前，可根據條例第12條的規定向署長申請新的環境許可證。
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.
根據條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。
遭暫時吊銷、更改或取消的許可證必須從工程工地除下，不再展示。
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the Ordinance
before the construction or operation of the Project could be continued. It is an offence under Section 26(1) of
the Ordinance to construct or operate a designated project listed in Part I of
Schedule 2 of the Ordinance without a valid environmental permit.
如本許可證在工程項目建造或營辦期間取消或交回，則在繼續建造或營辦工程項目之前，必須先根據條例規定取得另一份環境許可證。
根據條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦條例附表2第I部所列明的指定工程項目，即屬犯罪。
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the
Ordinance, is liable: -
如任何人在違反本許可證的條件下建造或營辦工程項目，根據條例，即屬犯罪：
(i)
on a
first conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
一經循公訴程式首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a
second or subsequent conviction on indictment to a fine of $5 million and to
imprisonment for 2 years;
一經循公訴程式第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii)
on a
first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經循簡易程式首次定罪，可處第6級罰款及監禁6個月；
(iv)
on a
second or subsequent summary conviction to a fine of $1 million and to
imprisonment for 1 year; and
一經循簡易程式第二次或其後每次定罪，可處罰款100萬元及監禁1年； 以及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱條例及徵詢獨立法律意見。
Environmental Permit No.
EP-352/2009
環境許可證編號 EP-352/2009
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