Environmental Permit No. EP-375/2009
環境許可證編號EP-375/2009
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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 CIVIL ENGINEERING AND DEVELOPMENT DEPARTMENT (hereinafter
referred to as the "Permit Holder") to construct 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土木工程拓展署(下稱
“ 許可證持有人”)，以建造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-375/2009 |
|||
|
Document in the Register : 登記冊上的文件: |
1.
Project
Profile – “Improvement Works at Cheung Chau Tung Wan Beach, Kwun Yam Beach
and Lo So Shing Beach” (Register No.: PP-396/2009) 工程項目簡介 - “長洲東灣泳灘、觀音灣泳灘及蘆鬚城泳灘改善工程”
(登記冊編號 : PP-396/2009) 2.
The
Director’s letter of permission to apply directly for environmental permit
dated 23 September 2009 (Ref.:
EP2/N9/C/134) 署長於2009年9月23日 發出批准直接申請環境許可證的信件 (檔案編號 : EP2/N9/C/134) 3.
Application
for Environmental Permit submitted by the Permit Holder on 25 September 2009 (Application No.: AEP-375/2009) 許可證持有人於2009年9月25日提交的環境許可證申請 （申請書編號：AEP-375/2009） |
|||
|
15 October 2009 |
|
||
|
Date 日期 |
|
(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 |
Improvement
Works at Cheung Chau Tung Wan Beach, Kwun Yam Beach and Lo So Shing Beach. (This
designated project is hereafter referred to as “the Project”) 長洲東灣泳灘、觀音灣泳灘及蘆鬚城泳灘改善工程。 (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 |
Dredging
operation within bathing beaches. 於泳灘內的挖泥作業。 |
|
Location of Designated Project 指定工程項目的地點 |
Cheung Chau
Tung Wan Beach, Kwun Yam Beach and Lo So Shing Beach. 長洲東灣泳灘、觀音灣泳灘及蘆鬚城泳灘。 The
locations of the Project are shown in Figure 1, Figure 2 and Figure 3 of this
Permit. |
|
Scale
and Scope of Designated Project |
The Project is to trim
and remove rock outcrops with quantity of about 5m3, 300m3
and 450m3 within the boundaries of Cheung Chau Tung Wan Beach,
Kwun Yam Beach and Lo So Shing Beach respectively. 工程項目為修整及清除數量約5立方米、300立方米及450立方米分別位於長洲東灣泳灘、觀音灣泳灘及蘆鬚城泳灘範圍內的外露岩石。 |
PART C (PERMIT CONDITIONS)
C部 (許可證條件)
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
defense 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 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 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 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 and constructed in
accordance with the information and recommendations described in the Project
Profile (Register No. PP-396/2009) in the Register, other relevant documents
in the Register, the information and mitigation measures described 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
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 specified by the
Director.
1.9
All
submissions approved by the Director, all submissions deposited without
comments by the Director, or all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any 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).
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
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 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies.
1.12
The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one week prior to the commencement of
construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
1.13
For
the purpose of this Permit, “commencement of construction” does not include
works related to site clearance and preparation or other works as agreed by the
Director.
2. Specific Conditions
2.1 The
Project shall only be constructed within the site boundaries as indicated in
Figure 1, Figure 2 and Figure 3 of this Permit.
2.2
No
construction works of the Project shall be carried out between April and
October (both months inclusive) in order to avoid the swimming season and wet
season.
2.3
No
construction works of the Project shall be carried out from
1900 hours to 0700 hours and any time on public holiday including Sunday.
2.4
To minimize the water quality impact, the
following measures shall be implemented during construction of the Project :
i)
Trimming and removal works of rock outcrops shall
be carried during low tide condition;
ii)
Silt curtains shall be employed and maintained
at all time throughout the construction works at the Kwun Yam Beach and the Lo
So Shing Beach;
iii)
Excavation rate shall not exceed 50m3
per day at each beach; and
iv)
Water quality monitoring programme described in
the Project Profile (Register No.: PP-396/2009)
shall be implemented.
2.5
Prior
to the commencement of construction works at the Kwun Yam Beach and the Lo So
Shing Beach, a qualified ecologist shall be engaged to conduct intertidal and
diving inspections to ascertain the absence of species of conservation
importance within the works boundaries of the Kwun Yam Beach and the Lo So
Shing Beach. If species of conservation importance are found during the
inspections, the qualified ecologist shall make necessary recommendations to
avoid any adverse impact to these species of conservation importance during
construction of the Project. The recommendations made by the qualified
ecologist shall be properly implemented.
Notes :
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 shall obtain independent legal advice on the
legal implications under the Ordinance, and the following notes are for general
information only.
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.
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.
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.
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.
6.
If this Permit is cancelled or surrendered
during construction of the Project, another environmental permit must be
obtained under the Ordinance before the Project can 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.
7.
Any person who constructs the Project contrary
to the conditions in the Permit, and is convicted of an offence under the
Ordinance, is liable:
(i)
on a first conviction on indictment to a fine of $2 million and to
imprisonment for 6 months;
(ii)
on a second or subsequent conviction on indictment to a fine of $5
million and to imprisonment for 2 years;
(iii)
on a first summary conviction to a fine at level 6 and to
imprisonment for 6 months;
(iv)
on a
second or subsequent summary conviction to a fine of $1 million and to
imprisonment for 1 year; and
(v)
in any
case where the offence is of a continuing nature, the court or magistrate may
impose a fine of $10,000 for each day on which he is satisfied the offence
continued.
8.
The Permit Holder may appeal against any
condition of this Permit under Section 17 of the Ordinance within 30 days of
receipt of this Permit.
9.
The Notes are for general reference only and
that the Permit Holder shall refer to the EIA Ordinance for details and seek
independent legal advice.
Environmental Permit No. EP-375/2009
環境許可證編號 EP-375/2009