Environmental Permit No. EP-419/2011
環境許可證編號 EP-419/2011
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 Civil Engineering and
Development Department (CEDD) (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：
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Application No. 申請書編號 |
AEP-419/2011 |
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Document in the Register : 登記冊上的文件: |
1.
Project
Profile – “Sediment Removal at Yim Tin Tsai, Yim Tin Tsai (East) Fish Culture
Zone and Shuen Wan Typhoon Shelter” (Register No.: PP-401/2009). 工程項目簡介 – “清除鹽田仔鹽田仔(東部)魚類養殖區沉積物及船灣避風塘疏浚工程” (登記冊編號 : PP-401/2009)。 2.
The
Director’s letter of permission to apply directly for environmental permit
dated 28 December 2009 (Ref.: (23) in EP2/N5/C/55). 署長於 (檔案編號 : (23) in EP2/N5/C/55) 3.
Application
for Environmental Permit submitted by the Permit Holder on 1 August 2011 (Application
No.: AEP-419/2011). 許可證持有人於 (申請書編號：AEP-419/2011) |
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26-8-2011 |
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Date 日期 |
|
(Maurice K. L. YEUNG) Principal Environmental Protection
Officer (Assessment and Noise) for 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) |
|
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 |
Sediment
Removal at Yim Tin Tsai (East) Fish Culture Zone (This
designated project is hereafter referred to as “the Project”). 鹽田仔（東部）魚類養殖區之沉積物清除。 （本指定工程項目下稱“工程項目”） |
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Nature of Designated Project 指定工程項目的性質 |
A
dredging operation within a Fish Culture Zone and relocation of existing fish
rafts and setting up of temporary sites for the relocated fish rafts. 在魚類養殖區內進行挖泥作業，遷移現有漁排，並設立臨時地點予以安置。 |
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Location of Designated Project 指定工程項目的地點 |
The Project
site is the Yim Tin Tsai (East) Fish Culture Zone in Tolo Harbour as shown in
Figure 1 of this Permit. 工程項目地點是吐露港鹽田仔（東部）魚類養殖區，見載於本許可證夾附的圖一。 |
|
Scale and Scope of Designated Project |
The Project is
to remove seabed sediments at the Yim Tin Tsai (East) Fish Culture Zone for a
depth of 清除在鹽田仔（東部）魚類養殖區內海床下 |
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 and operate 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-401/2009); the application document (Application
No. AEP-419/2011); 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; 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 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 dredging
works of the Project shall only be carried out within the Yim Tin Tsai (East)
Fish Culture Zone as shown in Figure 1
of this Permit.
2.2
All
measures described in the Project Profile (No. PP-401/2009) shall be fully
implemented.
2.3
All
existing fish rafts at the Yim Tin Tsai (East) Fish Culture Zone shall be
relocated to the areas shown in Figure
1 throughout the dredging operation. The relocation shall not take
place during the period from August to February for avoiding impact on ardeids
at Yeung Chau during the breeding season.
2.4
Silt
curtain shall be employed and maintained at all time throughout the dredging
operation to minimize the water quality impact.
2.5
Closed
grab dredger shall be used for dredging operation and the dredged sediments
loaded on barges shall be fully covered during transportation.
2.6
No
more than 3 numbers of dredgers shall be operating concurrently for the
dredging operation and the total maximum allowable dredging rate shall not
exceed
2.7
At
least 2 months before commencement of the Project, a monitoring programme on
the ardeids and
2.8
The environmental
monitoring and audit programme as recommended in the Project Profile (Register No.
PP-401/2009) and the monitoring programme on ardeids and White-bellies Sea
Eagles approved under Condition 2.7 of this permit shall be fully implemented
throughout the Project. 3 hardcopies and 1 electronic copy of the monthly audit
report shall be submitted to the Director within 2 weeks after the end of the
reporting month.
2.9
An Independent
Environmental Checker shall be employed by the Permit Holder to audit the
implementation of all mitigation measures recommended in the Project Profile
(Register No. PP-401/2009) and the carrying out of monitoring and audit
programmes according to Condition 2.8 of this Permit, and to confirm in writing
in the monthly audit report full implementation of the measures and monitoring
and audit programmes.
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-419/2011
環境許可證編號 EP-419/2011
| Figure 1 |
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