Environmental Permit No. EP-354/2009
環境許可證編號EP-354/2009
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：
|
Application No. 申請書編號 |
AEP-354/2009 |
Document
in the Register: 登記冊上的文件： |
(1)
Project Profile – “Tuen
Mun – Chek Lap Kok Link” (Register
No.: PP-336/2007) 工程項目簡介 ―
“屯門至赤鱲角連接路” (登記冊編號：PP-336/2007)
(2)
Tuen Mun – Chek Lap Kok
Link – Environmental Impact Assessment (EIA) Report, Executive Summary,
Environmental Monitoring and Audit Manual (Register
No.: AEIAR- 146/2009) Hereinafter
referred to as “the EIA Report” 屯門至赤鱲角連接路 –
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-146/2009) 下稱“環評報告” (3)
Application for
Environmental Permit on 許可證持有人於 (4)
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) |
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：
|
Title of Designated Project 指定工程項目的名稱 |
Tuen
Mun – Chek Lap Kok Link (This
designated project is hereafter referred to as “the Project”) 屯門至赤鱲角連接路 (本指定工程項目下稱“工程項目”) |
|
Nature of Designated Project 指定工程項目的性質 |
Construction
and operation of a trunk road. 建造及營辦一條幹道 |
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Location of Designated Project 指定工程項目的地點 |
Between
Tuen Mun and Lantau, via the proposed 屯門至大嶼山，通過擬建的港珠澳大橋香港口岸。 The
location and configuration of the Project is shown in Figure 1 of this Permit. 工程項目的地點及結構形態展示於本許可證圖1內。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The
Project as shown in Figure 1 is to
construct a dual 2-lane highway connecting the proposed Tuen Mun Western
Bypass at the southern coast of (i)
construction of an
approximately (ii)
construction of
approximately (iii)
construction of an
approximately (iv)
construction of a toll
plaza at Tuen Mun Area 46 and the associated roads at Tuen Mun; (v)
construction of
administration building, ventilation buildings and other ancillary buildings
to facilitate ventilation and tunnel control operation serving the proposed
road tunnel and toll plaza above; and (vi)
ancillary works including
site formation, slope, drainage, utilities, footbridge, noise barriers,
retaining walls, berths and temporary pontoon. 如圖1顯示，工程項目是要興建一條雙程雙線公路，連接在屯門40區南岸擬建的屯門西繞道和機場及東涌。該工程項目包括：
- （一） 建造一條長約5公里長的雙程雙線行車隧道，連接屯門40區和在香港機場東北面的港珠澳大橋香港口岸； （二） 於屯門40區及大嶼山的政府前濱及海床建造約 （三） 於大濠建造一條1.6公里長的雙程雙線的高架橋，連接港珠澳大橋香港口岸和北大嶼山公路及相關的道路； （四） 於屯門46區建造收費廣場及在屯門相關的道路； （五） 建造行政大樓，通風大樓和其他附屬建築物，促使上述行車隧道及收費廣場的通風和隧道控制操作的服務；
（六） 其他附屬工程，包括土地平整，斜坡，排水，公用設施，行人天橋，隔音屏障，護土牆，船隻停泊處和臨時浮橋。 |
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,
the application documents including all attachments (Application No.
AEP-354/2009), 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 for 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
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 monitoring plan on construction dust
2.4
The Permit Holder shall
submit to the Director for approval, at least 1 month before the commencement
of construction of the Project, three hard copies and one electronic copy of an
enhanced monitoring plan on Total Suspended Particulates (TSP) level at Tuen
Mun. The submitted information
shall include the locations and frequency of monitoring and details of the
measures to mitigate any upsurge of TSP level including increase the frequency
of monitoring of TSP and stoppage of works.
Submissions
of specification and plan on marine ecological mitigation measures
2.5
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 the
design and implementation of acoustic decoupling measures applied during bored
piling, dredging and reclamation works.
2.6
The Permit
Holder shall submit to the Director for approval, at least 1 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.
2.7
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.
Submissions
of Landscape and Visual Plan
2.9
The Permit Holder shall
deposit with the Director, at least 1 month before the commencement of the
construction of relevant part of the Project, three hard copies and one
electronic copy of a Landscape and Visual Plan incorporating aesthetic design
of the viaduct, building structures and streetscape elements, detailed tree
preservation, transplanting and felling proposal, compensatory planting
proposals to provide at least
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.
Measures
to preserve built heritage
2.11
The design of the toll plaza
shall avoid any damage on or conflict with the existing grave as shown in Figure 2 with a minimum
Environmental
Project Office
2.12
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 and Operation of the Project
Measures
to mitigate disturbance to Chinese White Dolphins
3.1
A
dolphin exclusion zone of
3.2
No formation of underwater
sockets into rock shall be carried out for the marine bored piles construction
in May and June which is the peak calving season of Chinese White Dolphins.
3.3
No underwater percussive
piling shall be used for the Project.
3.4
All vessels within the work
areas shall not travel at a speed higher than 10 knots.
Measures
to mitigate water quality impacts
3.5
The Permit Holder shall
construct the northern landfall and southern landfall in accordance with Figures 3 and 4 of this Permit respectively. 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.
3.6
Reclamation filling for the
Project shall not proceed until at least
3.7
For the construction of
northern landfall of the Project,
(a)
No more than 50% of public
fill shall be used for filling of seawall below +2.5mPD, unless otherwise
agreed by the Director;
(b)
No more than one grab
dredger with a maximum daily dredging rate of
(c)
No more than 16 filling
barge trips shall be made each day with a maximum daily filling rate of
3.8
For the construction of
southern landfall of the Project,
(a)
No public fill shall be used
for filling of seawall below +2.5mPD, unless otherwise agreed by the Director;
(b)
No more than 30% public fill
shall be used for reclamation filling below +2.5mPD, unless otherwise agreed by
the Director;
(c)
No more than 9 grab dredgers
with a maximum daily dredging rate of
(d)
No more than 24 filling
barge trips per day shall be made with a maximum daily filling rate of
3.9
Only grab dredgers shall be
used for dredging works in this Project. Each grab dredger shall be enclosed by
a cage type silt curtain as illustrated in Figure
5 of this Permit to reduce sediment loss to the surrounding environment
during dredging operation.
3.10
Tunnel boring machine shall
be used for the construction of the submarine tunnel.
3.11
Bored piling shall be
undertaken within a metal casing for the construction of marine viaducts. The
minimum distance between two pile cap construction sites shall be
Measures
to mitigate terrestrial ecological and landscape impacts
3.12
No trees shall be felled or
removed at the work areas within the Pillar Point landfill area.
3.13
Hoarding shall be erected
along the works boundary of the Project site of the toll plaza before
commencement of works to prevent vehicle movements and encroachment of
personnel on to adjacent areas where Pitcher Plants are located. No openings in
the hoarding shall be provided on the northern side of the work areas to avoid
access to the uphill area where Pitcher Plants are located. The hoarding shall
be regularly checked to ensure that they are not breached or damaged.
3.14
No works shall be carried
out in stream NL1 as shown in Figure 6
from April to September.
Measures
to mitigate air quality impacts during construction phase
3.15
The
Permit Holder shall undertake watering at least 12 times per day on all exposed
soil within the Project site and associated work areas in Tuen Mun area
throughout the construction phase.
3.16
The
Permit Holder shall undertake watering at least 8 times per day on all exposed
soil within the Project site and associated work areas in
Emergency
Response Plan for Spillage of Oil and Chemicals
3.17
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 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 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.
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 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.
4.3
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.
4.4 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 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 2 weeks after such information is available.
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 EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the 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 6 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 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.
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 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
– 354/2009
環境許可證編號 EP – 354/2009
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