Environmental
Permit No. EP-418/2011
環境許可證編號 EP-418/2011
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 The Hong Kong and China
Gas Company Limited (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香港中華煤氣有限公司(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-418/2011 |
|
|
Document in the
Register: 登記冊上的文件： |
(1) (2) (3) |
Project Profile – “Installation
of a
500mm NB Gas Pipeline inside the Existing Disused
Tunnel (Old 工程項目簡介 – “於已停用隧道(舊畢架山隧道)內鋪設一條直徑500毫米燃氣管道” (登記冊編號: PP-441/2011) The Director’s letter of permission to apply
directly for environmental permit dated 署長於2011年7月14日發出批准直接申請環境許可證的信件 (檔案編號：(32) in EP2/G/Q/159) Application for environmental permit submitted
by the Permit Holder on 許可證持有人於2011年7月20日提交的環境許可證申請 (申請書編號：AEP-418/2011) |
11 August 2011
2011年8月11日
|
Date 日期 |
|
(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﹕
|
Title
of Designated Project 指定工程項目的名稱 |
Installation of a
500mm NB Gas Pipeline inside the Existing Disused Tunnel (Old [This
designated project is hereinafter referred to as “the Project”] 於已停用隧道(舊畢架山隧道)內鋪設一條直徑500毫米燃氣管道 [本指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
Earthworks and
building works
in 於獅子山郊野公園內進行土木工事及建築工程。 |
|
Location of Designated Project 指定工程項目的地點 |
The old Beacon Hill Tunnel between Tai Wai and
Kowloon Tong. The locations of the Project including its work areas are shown in Figures 1 and 2 of this Permit. 在大圍與九龍塘之間的舊畢架山隧道。工程項目包括有關的工地的位置載於本許可證夾附的圖1及2。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project is to construct and operate an approximately 2.2km long 500mm diameter gas
pipeline inside the old Beacon Hill Tunnel. 工程項目是在舊畢架山隧道內興建及營辦一條長約2.2公里直徑500毫米的燃氣管道。 |
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) 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 in 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 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, constructed and operated in
accordance with the information and all recommendations described in the
Project Profile (Register No. PP-441/2011) (hereinafter referred to as Project Profile); the Application
for Environmental Permit (Application No. AEP-418/2011); 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,
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 be constructed
and operated at
the location shown in Figures 1
and 2 and in accordance with the
general arrangement shown in Figure 3
of this Permit.
2.2 All construction work of the
Project shall be completed before
2.3 All
measures described in the Project Profile shall be fully implemented.
2.4 The Permit
Holder shall employ an Independent Environmental Checker to audit the
implementation of all mitigation measures recommended in the Project Profile
and to certify in writing in the monthly audit report full implementation of
mitigation measures.
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-418/2011
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1 | Figure 2 | Figure 3 |
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