Environmental
Permit No. EP-431/2011
環境許可證編號 EP-431/2011
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
PART A (MAIN PERMIT)
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 Tai Po Yuen Chow Tsai Tai Wong Yea Holy Temple Chinese Opera Management
Association 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大埔元洲仔大王爺神廟管理演戲委員會有限公司(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：
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Application No. 申請書編號 |
AEP-431/2011 |
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Document in the Register : 登記冊上的文件: |
1.
Project
Profile – “Proposed 工程項目簡介 – “擬建元洲仔大王爺神廟辦事處新界大埔元洲仔” (登記冊編號 : PP-451/2011) 2.
The
Director’s letter of permission to apply directly for environmental permit
dated 26 October 2011 (Ref.: (17) in EP2/N5/Q/60). 署長於 (檔案編號 : (17) in EP2/N5/Q/60) 3.
Application
for Environmental Permit submitted by the Permit Holder on 15 November 2011
(Application No.: AEP-431/2011). 許可證持有人於 (申請書編號：AEP-431/2011) |
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Date 日期 |
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(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) |
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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 |
Proposed (This
designated project is hereafter referred to as “the Project”). 擬建元洲仔大王爺神廟辦事處新界大埔元洲仔。 (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 |
Earthworks
within a site of cultural heritage. 於文化遺產地點進行土木工事。 |
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Location of Designated Project 指定工程項目的地點 |
The Project site is located at Tai Po Yuen Chau Tsai as
shown in Figure 1 of this Permit. 工程項目地點位於大埔元洲仔，擬建項目地點展示於本許可證圖1。 |
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Scale and Scope of Designated Project |
The project is to construct a 2-storey building next to
the 工程的目的是在鄰近現有大王爺神廟的土地上興建兩層高的大王爺神廟辦事處及村公所。工程項目範圍包括地盤清理，地盤平整，屋宇建築及其相關的排水及排污工程。 |
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-451/2011); the application document
(Application No. AEP-431/2011); 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
All
measures described in the Project Profile (Register No.: PP-451/2011) shall be
fully implemented for the Project.
2.2
The
Permit Holder shall submit to the Director for approval, at least 6 weeks
before commencement of construction, 3 sets of Master Landscape Plan and Tree
Survey with tree preservation proposal showing details of compensatory
plantings and protective measures for existing trees and root systems during
construction. All the proposed protective measures recommended in the approved
Master Landscape Plan shall be fully implemented during construction.
2.3
An
Independent Environmental Checker shall be employed to audit the implementation
of all mitigation measures recommended in the Project Profile and confirm full
compliance through monthly report to the Director during and upon completion of
the construction work.
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
(iv)
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-431/2011
環境許可證編號 EP-431/2011
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