Environmental Permit No. EP-353/2009
環境許可證編號EP-353/2009
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 (EIAO), 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-353/2009 |
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Document
in the Register : 登記冊上的文件:
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1. Project Profile – “Hong
Kong - Zhuhai - 工程項目簡介 ―“港珠澳大橋香港囗岸”（登記冊編號：PP-346/2008） 2. Hong Kong – Zhuhai – Macao
Bridge Hong Kong Boundary Crossing Facilities - Environmental Impact Assessment (EIA)
Report, Executive Summary, Environmental Monitoring and Audit Manual (Register No.: AEIAR-145/2009) Hereinafter
referred to as “the EIA Report” 港珠澳大橋香港囗岸 - 環境影響評估(環評)報告，行政摘要，環境監察及審核手冊 (登記冊編號: AEIAR-145/2009) 下稱“環評報告” 3. Application for Environmental Permit
on 15 June 2009 (Application No.: AEP-353/2009) 許可證持有人於 4.
The Director’s letter of approval of the EIA Report dated 23 October
2009 referenced (61) in Ax(1) to EP2/N9/A/146 II 署長於 |
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4 November 2009 |
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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”) 港珠澳大橋香港囗岸 (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 |
1.
Reclamation
works (including associated dredging works) more than 2.
A
dredging operation exceeding 3.
A
road bridge more than 4.
A railway and its associated stations; and 5.
A
railway tunnel more than (一) 面積超過5公頃的填海工程(包括相聯挖泥工程)； (二) 挖泥量超過500,000立方米的挖泥作業； (三) 橋台之間的長度超過 (四) 鐵路及其相聯車站；及 (五) 入口之間的長度超過 |
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Location
of Designated Project 指定工程項目的地點 |
Northeast of Chek Lap Kok The location of the Project is
shown in Figure 1 of this Permit. 赤鱲角之東北面 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 mainly comprises
the followings: (i)Dredging and reclamation at the
northeast waters off the (ii) cargo processing facilities
including kiosks for clearance of goods vehicles, customs inspection
platform, X-ray buildings and related supporting facilities; (iii) passenger related facilities
including processing kiosks and examination facilities for private cars and
coaches, passengers clearance building and halls and related supporting
facilities; (iv) accommodation for and
facilities of the Government departments providing services in connection
with the HKBCF; (v) provision of transport and
miscellaneous facilities inside the HKBCF including public transport
interchange, transport drop-off and pick-up areas, vehicle holding areas,
passenger queuing areas, road networks, footbridges, fencing, sewage and
drainage systems, water supply system, utilities, electronic system, traffic
control and surveillance system and related supporting facilities; (vi) provision of road access for
connection of the HKBCF to the (vii)
reprovisioning of the affected Airport’s facilities
such as the existing Fire Services Department’s East Sea Rescue Berth; and (viii) provision of other facilities
for connection with the Airport such as an Automated People Mover system
(i.e. a railway system) to connect the Airport Terminal with the HKBCF. 工程項目主要範圍包括以下各項：－ 1.
在機場島東北水域進行挖泥及填海工程，以開拓土地（面積約 2.
貨物處理設施，包括貨車清關檢查亭、海關驗貨台、X 光檢查大樓及相關配套設施； 3.
與旅客有關的設施，包括私家車和旅遊巴士過關亭和檢查設施、旅檢大樓和旅客出入境大堂及相關配套設施； 4.
提供與香港口岸有關服務的政府部門的辦公地方和設施； 5.
在香港口岸設置運輸和其他設施， 包括公共運輸交匯處、車輛上落客區、車輛停候區、旅客輪候區、道路網絡、行人天橋、圍網、污水排放及排水系統、供水系統、公用設施、電子系統、交通管制及資訊系統及相關配套設施； 6.
鋪築道路以連接香港口岸和港珠澳大橋香港接線、屯門至赤鱲角連接路及機場； 7.
重置受工程計劃影響的機場設施，例如現有的消防處海上救援東泊位；及 8.
設置其他設施以連接機場，例如延展現有的旅客捷運系統（即鐵路系統）以便連接機場客運大樓和香港口岸。 |
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 and the documents referred to in Part A of the Permit readily available at all times for
inspection by the Director or his authorised officers at all sites/offices
covered by this Permit. Any reference to the Permit shall include all documents
referred to in the Permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the
person(s) in charge of the site(s) and ensure that such person(s) fully
understands all conditions and all requirements incorporated by the Permit. The
site(s) refers to site(s) of construction 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 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
recommendations described in the EIA Report, the application documents
including all attachments (Application No. AEP-353/2009), other relevant documents in the Register; and
the information or mitigation measures described in this Permit and 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 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 (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 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 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 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 hard copies.
1.13 For
the purpose of this Permit, “commencement of construction” does not include
works related to site clearance and preparations, or other works as agreed by
the Director.
Specific Conditions
2. Measures
and Submissions before Commencement of Construction
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
6 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 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 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 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 6 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 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 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, at
least 2 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.
Submissions
of specification and plan on marine ecological mitigation measures
2.4
The Permit Holder shall advance
the preparation works for the designation of the marine park in
the
2.5
The Permit Holder shall
deposit with the Director, at least 2 weeks before the commencement of the
construction of the Project, three hard copies and one electronic copy of a proposal, including the proposed size and management plan, of the
proposed marine park in the Brothers Islands in consultation with the Director
of Agriculture, Fisheries and Conservation.
2.6
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.
2.7
The Permit Holder shall
deposit with the Director at least 1 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.
2.8
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 2 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.
Landscape
and Visual Plan
2.9
The Permit Holder shall
deposit with the Director, at least 1 month before the commencement of construction of relevant part of the
Project, three hard copies and one electronic copy of a landscape and visual
plan incorporating aesthetic architectural design on buildings structures and
related infrastructure of the Project, streetscape elements, planting proposals
and other measures including night-time lighting control.
Waste
management plan
2.10
The Permit Holder shall
deposit with the Director, at least 1 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.
Environmental
Project Office
2.11
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
3. Submissions
or Measures during Construction of the Project
Measures
to mitigate disturbance to Chinese White Dolphins
3.1
A
dolphin exclusion zone of
3.2
Once
the perimeter silt curtains as mentioned in Condition 3.1 above are installed
or re-deployed, the Dolphin Watching Plan as deposited under Condition 2.6 of
this Permit shall be implemented as part of the EM&A programme.
3.3
To
minimize the acoustic disturbance to Chinese White Dolphins, silence piling
equipment such as vibratory piler shall be used for installation of sheet
piling into the seabed.
3.4
No underwater percussive
piling shall be used for the Project.
3.5
All vessels within the work
areas shall not travel at a speed higher than 10 knots.
3.6
Air
compressors and other noisy equipment mounted on construction vessels shall be
acoustically- decoupled.
Measures
to mitigate water quality impacts
3.7
The Permit Holder shall
construct the Project in accordance with Figures
2 to 6 of this Permit. The Permit
Holder shall notify the Director in writing any proposed changes in the
construction sequences and/or arrangements before implementation of such
changes. The proposed changes shall be certified by the ET Leader and verified
by the IEC as conforming to the information and requirements contained in the
EIA Report.
3.8
Temporary sheet pilings
shall be installed along the northern boundary of the Project as indicated in Figure 2 prior to deployment of the
floating type silt curtain and dredging works for seawall at the northern edge.
3.9
Except for re-deposition of
dredged sediment requiring
Type 2 Confined Marine Disposal under Environment, Transport and Works Bureau
Technical Circular (Works) No.34/2002 as described in Condition 3.18 of this Permit, no
dredging and filling works at Portions A, B, C and D of the Project as
indicated in Figure 7 shall be
carried out before the whole section of seawall Portion 1 is completed except
for the
3.10
Reclamation filling for the
Project shall not proceed until at least
3.11
No public fill shall be used
for seawall construction below +2.5mPD, unless otherwise agreed by the
Director.
3.12
Not more than 30% public
fill shall be used for reclamation filling below +2.5mPD, unless otherwise
agreed by the Director.
3.13
No more than 1 grab dredger
with a maximum daily dredging rate of
3.14
No more than 9 grab dredgers
with a maximum daily dredging rate of
3.15
Only
grab dredgers shall be used for dredging works in this Project. Each grab
dredger shall be enclosed by a cage type silt curtain with steel enclosure as
illustrated in Figure 8 of this
Permit to reduce sediment loss to the surrounding environment during dredging
operation.
3.16
No
more than 80 filling barge trips per day shall be made with a maximum daily
filling rate of
3.17
Upon completion of Portion 1 seawall, no more than 190 filling barge
trips per day shall be made with a maximum daily filling rate of
Measures
to mitigate water quality impacts from re-deposition of Contaminated Sediment
3.18
The
Permit Holder shall form two pits within the Project boundary in accordance with
Figure 9 of this Permit to receive
the dredged sediment requiring Type 2 Confined Marine Disposal under
Environment, Transport and Works Bureau Technical Circular (Works) No.34/2002
from the Project. The Permit Holder shall deposit with the Director the design
and exact location of the pits at least 1 month before forming the pits.
3.19
Before
re-deposition the contaminated sediment, a layer of geotextile shall be placed
at the bottom of the pits to avoid the direct contact of the contaminated
sediment and the bottom sediment.
Steel sheet pilings shall be formed in advance around each pit with silt
curtain installed outside the sheet pilings in accordance with Figure 10 of this Permit.
3.20
All
dumping activity of contaminated sediment within the Project boundary shall be
monitored by the system of real time tracking and monitoring of vessel. All the
dumping vessels responsible for the handling of the contaminated sediment shall
be required to install the front end mobile unit system on board for data
recording and transmitting purposes.
3.21
A
minimum of
3.22
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 mud pits as described in Condition 3.18 of this Permit.
Measures
to mitigate air quality impacts during construction phase
3.23
The Permit Holder shall
undertake watering at least 8 times per day on all exposed soil within the
Project site and associated work areas throughout the construction phase.
4. Measures
or Submissions for Operation of the Project
Emergency
Response Plan for Spillage of Oil and Chemicals
4.1
The
Permit Holder shall, no later than 2 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 waterdoby. The ERP shall be verified by the IEC as
conforming to the recommendations contained in the EIA Report.
Artificial
Reef(s)
4.2
The Permit Holder shall, in
consultation with the Director of Agriculture, Fisheries and Conservation,
deploy artificial reef(s) with a total volume of not less than
5. Environmental Monitoring and
Audit (EM&A) Requirements
5.1 The EM&A programme of the Project shall be implemented in accordance with the
procedures and requirements as set out in the EM&A Manual of the approved EIA Report. Any proposed change to the EM&A requirements or 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 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 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 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 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 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.
5.4
Three hard copies and one electronic
copy of monthly EM&A Report shall be submitted to the Director within 10
working days 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
verified by the IEC. Additional copies of the submission shall be provided to
the Director upon request by the Director.
5.5
All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
5.6
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 6.2
below, in the shortest practicable time and in no event later than 2 weeks
after such information is available.
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 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 5 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.
6.2 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 6.1 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 6.1 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 2 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 2
weeks after they are deposited with or approved by the Director as required
under this Permit, unless otherwise agreed with the Director.
6.3
The Internet website as described in Condition 6.2 above shall enable user-friendly public access
to the monitoring and project information including the project profile of the
Project, 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環評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 Environmental Impact
Assessment Ordinance (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 Project site by the amended permit.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在建築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
Project may, before he assumes responsibility of the 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指定工程的責任的人，在承擔指定工程項目的責任前，可根據環評條例第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.
根據環評條例第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建築工地除下，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 Project could be continued. It is an offence under
Section 26 (1) of the Ordinance to construct or operate a designated project listed
in Schedule 2 of the Ordinance without a valid environmental permit.
如果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，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第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環評條例附表2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，根據環評條例，即屬犯罪 －
(i) on a
first conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
一經循公訴程序首次定罪，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;
一經循公訴程序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;
一經循簡易程序首次定罪，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
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；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，根據環評條例第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環評條例及徵詢獨立法律意見。
Environmental Permit No. EP-353/2009
環境許可證編號EP-353/2009
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