Environmental Permit No. EP-384/2010
環境許可證編號EP-384/2010
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部所說明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application No. 申請書編號： |
AEP-384/2010
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Document in the Register : 登記冊上的文件：:
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(1) Project Profile – “Stream Improvement at Ta Kwu Ling Associated with the Resite of Chuk Yuen Village” (Register No. PP-404/2009) 工程項目簡介 – “與重置竹園村相關之打鼓嶺溪流改善項目” (登記冊編號 : PP-404/2009)
(2) Application for Environmental Permit submitted on 22 January 2010 (Application No. AEP-384/2010) 於2010年 1月22日提交的環境許可證申請 (申請書編號：AEP-384/2010)
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Director’s Permission to Apply Directly for Environmental Permit : 署長准許直接申請環境許可證 :
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Letter Reference : (27) in Ax(2) to EP2/N7/I/52 信件檔號 : (27) in Ax(2) to EP2/N7/I/52 Date : 30 December 2009 日期 : 2009年12月30日
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12 February 2010 |
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Date 日期 |
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(Maurice YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for the Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音)楊國良代行) |
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PART B (DESCRIPTIONS 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
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Stream Improvement at Ta Kwu Ling Associated with the Resite of Chuk Yuen Village 與重置竹園村相關之打鼓嶺溪流改善項目
[This designated project is hereinafter referred to as “the Project”] [本指定工程項目下稱 “工程項目”]
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Nature of Designated Project
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Drainage channel diversion works which discharges into an area which is less than 300m from the nearest boundary of the Mai Po Marshes SSSI and Mai Po Conservation Area. 排水道導流工程，而該工程排水入一個距離米埔沼澤具有特別科學價值的地價值的地點和米埔自然保育區的最近界線少於300米的地區。
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Location of Designated Project 指定工程項目的地點
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Approximately 300m east of Lin Ma Hang Road and 650m west of North West New Territories Landfill 蓮麻坑路以東約300米及新界東北堆填區以西約650米。
The location of the Project is shown in Figures 1 and 2 of this Permit.
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Scale and Scope of Designated Project 指定工程項目的規模和範圍
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Diversion of a stream section of approximately 133m in length and 1m in width traversing the proposed resettlement area of Chuk Yuen Village with associated works. 導流一段長約133米、闊約1米的溪流橫過建議的竹園村重置選址及有關工程。
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1 General Conditions
1.1 The permit holder and any person working on the Project shall comply with all conditions of this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and may become the subject of appropriate action being taken under the Ordinance.
1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including without limitation to the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap.354). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant 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 entrances/exits or at a convenient location for public information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, 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 descriptions 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 all recommendations described in the Project Profile (Register No.: PP-404/2009), the application documents including all attachments (Application No. AEP-384/2010), 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 the information or mitigation measures described in this Permit. 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than two months 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.
1.9 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 Special Conditions
2.1 Construction works of the Project shall be carried out during the dry season from November to March inclusive.
Ecological Enhancement Measures
2.2 The Permit Holder shall, no later than two months before the commencement of construction of the project, submit to the Director for approval four hard copies of an Ecological Enhancement Plan showing details of the measures to be implemented for the Project. The Ecological Enhancement Plan shall include appropriate ecological enhancement measures, examples of which include additional vegetation along channel embankment, use of gabions and geo-fabric reinforced grass lining to stabilize side slopes, unlined channel beds to enable colonization of flora and fauna and unlined embankment to facilitate vegetation for the Project. The Permit Holder shall implement all measures recommended in the approved Ecological Enhancement Plan.
Submission of Landscape Plan
2.3 The Permit Holder shall, no later than two months before the commencement of construction of the project, submit to the Director for approval four hard copies of a Landscape Plan showing details of landscape measures to be implemented for the project. The Landscape Plan shall include landscape measures taking into account the recommendations of the Project Profile (Register No.: PP-404/2009). The Permit Holder shall implement all measures recommended in the approved Landscape Plan.
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 should 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 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.
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.
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 construction 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 could be continued. It is an offence under section 26(1) of the Ordinance to construct a designated project listed in Part I of 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 should refer to the EIA Ordinance for details and seek independent legal advice.
Environmental Permit No. EP-384/2010
環境許可證編號 EP-384/2010