Environmental Permit No. EP-396/2010
環境許可證編號EP-396/2010
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
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 Yorky Limited (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悅佳有限公司(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﹕
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Application No. 申請書編號 |
AEP-396/2010
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Document in the Register: 登記冊上的文件：
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(1)
(2)
(3)
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Project Profile – “Roadside Slope Improvement Works along Ma On Shan Tsuen Road within Ma On Shan Country Park” (Register No. PP-408/2009) 工程項目簡介 – “沿馬鞍山村路馬鞍山郊野公園內的路邊斜坡改善工程” (登記冊編號: PP-408/2009)
The Director’s letter of permission to apply directly for environmental permit dated 2 February 2010 (Reference: (27) in EP2/N1/Q/48) 署長於2010年2月2日發出批准直接申請環境許可證的信件 (檔案編號：(27) in EP2/N1/Q/48)
Application for environmental permit submitted by the Permit Holder on 15 June 2010 (Application No. AEP-396/2010) 許可證持有人於2010年6月15日提交的環境許可證申請 (申請書編號：AEP-396/2010) |
7 July 2010
2010年7月7日
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
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﹕
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Title of Designated Project 指定工程項目的名稱 |
Roadside Slope Improvement Works along Ma On Shan Tsuen Road within Ma On Shan Country Park [This designated project is hereinafter referred to as “the Project”] 沿馬鞍山村路馬鞍山郊野公園內的路邊斜坡改善工程 [本指定工程項目下稱 “工程項目”]
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Nature of Designated
Project |
Earthworks partly or wholly in Ma On Shan Country Park 於馬鞍山郊野公園內進行部分或全部土木工事。
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Location of Designated Project 指定工程項目的地點 |
Various slopes along Ma On Shan Tsuen Road. The location of the Project is shown in Figure 1 of this Permit. 沿馬鞍山村路的各個斜坡。工程項目的位置載於本許可證夾附的圖1。
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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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The Project includes: (i) soil nailing for about 0.49ha of slopes, (ii) construction of retaining structure for about 0.08ha of slopes, and (iii) roadside touch-up works near Ma On Shan Country Park picnic area. 工程項目包括: (i) 在約0.49公頃的斜坡進行泥釘工程， (ii) 在約0.08公頃的斜坡進行擋土牆建造工程，及 (iii) 在靠近馬鞍山郊野公園郊遊地點的路傍進行修飾工程。
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1. General Conditions
1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (EIAO) (Cap. 499) and may become the subject of appropriate action being taken under the EIAO.
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 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 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 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 constructed in accordance with the information and all recommendations described in the Project Profile (Register No. PP-408/2009); the application document (Application No. AEP-396/2010); 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. 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 as 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 EIAO 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 EIAO 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 at least two weeks 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 at the location shown in Figure 1 of this Permit.
2.2 Two plant species of conservation importance, namely, Diospyros vaccinioides and Rhododendron simsii, found within the project area shall be protected, retained in-situ and not be disturbed.
2.3 The Permit Holder shall submit to the Director for approval 3 sets of a landscape and compensatory planting plan, together with a tree survey report to confirm on suitability of any transplantation of existing trees, no later than 6 months after commencement of construction of the Project.
2.4 The landscape and compensatory planting plan shall include the locations, design details, implementation programmes (including the programme for any transplantation work), and drawings in the scale of 1:1000 or other scale as agreed by the Director. Construction works on wooded areas shall only be carried out after the Director’s approval of the landscape and compensatory planting plan.
2.5 The designs and measures described in the approved landscape and compensatory planting plan under Conditions 2.3 and 2.4 of this Permit shall be fully implemented.
2.6 For the roadside touch-up works area which is within water gathering ground, the measures and requirements specified in Appendix A of this Permit shall be implemented to minimize water quality impact on the water gathering ground.
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 EIAO, and the following notes are for general information only.
2. If there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.
5. Under Section 14 of the EIAO, 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 or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.
7. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
Environmental Permit No. EP-396/2010
環境許可證編號 EP-396/2010
Appendix A (as referred to in Condition 2.6)
Water Pollution Control Measures and Requirements for the Works Area within Water Gathering Ground
(i) Adequate measures shall be taken to ensure that no pollution or siltation occurs to the water gathering ground (WGG).
(ii) No earth, building materials, fuel, oil or toxic materials, which may cause contamination to WGG, are allowed to be stockpiled or stored on site.
(iii) All surplus spoil shall be removed from WGG as soon as possible.
(iv) Temporary drains with silt traps shall be constructed at the boundary of the site prior to the commencement of any earthworks.
(v) Regular cleaning of the silt traps shall be carried out to ensure that they function properly at all time.
(vi) All excavated or filled surfaces which have the risk of erosion shall be protected from erosion at all time.
(vii) Facilities for washing the wheels of vehicles before leaving the site shall be provided.
(viii) Any construction plant, which causes pollution to WGG due to leakage of oil or fuel, shall be removed off site immediately.
(ix) Any soil contamination with fuel leaked from plant shall be removed off site and the voids arising from removal of contaminated soil shall be replaced by suitable material to the approval of the Director of Water Supplies.
(x) Provision of temporary toilet facilities shall be subject to the approval of the Director of Water Supplies.
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