Environmental
Permit No. EP-402/2010
環境許可證編號EP-402/2010
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT 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 Drainage Services 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渠務署(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-402/2010 |
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Document in the Register : 登記冊上的文件:
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(1)
Project Profile – “Drainage Improvement in Big (Register No. PP-418/2010) 工程項目簡介 – “大浪灣雨水排放系統改善計劃” (登記冊編號: PP-418/2010)
(2)
The Director’s letter of permission to apply directly
for environmental permit dated (Ref. (39) in EP2/H18/I/09 Pt.1) 署長發於2010年9月9日發出批准直接申請環境許可證的信件 (信件檔號: (39) in EP2/H18/I/09 Pt.1)
(3)
Application for Environmental Permit submitted by the
Permit Holder on (Application No. AEP-402/2010) 許可證持有人於2010年9月13日提交的環境許可證申請 (申請書編號: AEP-402/2010)
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2010年10月4日 |
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Date 日期 |
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(YEUNG Wai Tak, Victor) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 楊維德 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
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Drainage Improvement in Big (This designated project is hereinafter referred to as “the Project”.) 大浪灣雨水排放系統改善計劃 (這指定工程項目下稱“工程項目”)
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Nature of Designated Project
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Drainage improvement works which
discharges into an area which is less than 300m from the nearest boundary of
an existing site of cultural heritage (Rock Carving at the 雨水排放系統改善工程，而該工程排水入一個距離現有的文化遺產地點(大浪灣古代石刻)和海濱保護區的最近界線少於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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At the public
carpark of 位於香港島南區大浪灣公共停車場
The location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證的圖1內。
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Scale and Scope of Designated Project 指定工程項目的規模和範圍
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The Project includes: (i) construction of new drainage channels (approximately 225mm wide and 35m in length) and associated catchpits; (ii) reconstruction of the existing dilapidated channels of approximately 450mm and 600mm width and 190m in total length; and (iii) operation of the above-mentioned drainage channels and associated catchpits.
工程項目包括: (i) 興建新的雨水明渠(約闊225毫米，長35米)和集水井， (ii) 重建現有並已損毀的雨水明渠(約闊450及600毫米，總長190米)，及 (iii) 營辦上述的雨水明渠和集水井。
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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 Environmental Impact Assessment Ordinance (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 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 all recommendations described in the Project Profile (Register No.: PP-418/2010); the application document (Application No. AEP-402/2010); the information or mitigation measures described in this Permit; 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 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,
1.12 The Permit Holder shall notify the Director in writing the commencement dates of construction and operation of the Project no later than two weeks prior to the commencement of construction and operation of the Project respectively. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of construction and operation.
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. Special Conditions
2.1 The Project shall only be constructed and operated at the location shown in Figure 1 of this Permit.
2.2 Construction works of the Project shall be carried out in the dry season (i.e. November to March inclusive).
2.3 During the construction period, the Permit Holder shall employ an independent checker to audit the implementation of all mitigation measures recommended in the Project Profile (Register No. PP-418/2010). The independent checker shall not be in any way an associated body of the Contractor for the Project. The Permit Holder shall submit monthly audit report to confirm full implementation of the mitigation measures. Before submission to the Director, the monthly audit report shall be certified by the independent checker.
2.4 To minimise noise impact during construction of the Project, movable noise barriers shall be provided during operation of Powered Mechanical Equipment close to sensitive receivers.
2.5 To minimise water quality impact during construction of the Project, surface runoff from the Project site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharging into the nearby stream. Earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.
2.6 To minimise water quality impact and dust generated during construction of the Project, open stockpiles of construction materials shall be adequately covered with tarpaulin or similar fabric.
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 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 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 Ordinance 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-402/2010
環境許可證編號 EP-402/2010
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