Environmental Permit No. EP -
437/2012
環境許可證編號 EP- 437/2012
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 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, the Director of
Environmental Protection (the Director) grants this environmental permit to the
MTR Corporation Limited (hereinafter referred to as the
"Permit Holder") to construct and operate the designated project
described in Part B subject to the conditions described in
or attached to 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鐡路有限公司(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部所說明或附載的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：–
|
Application No. 申請書編號 |
AEP-437/2012 |
|
Document in the Register |
(1) Shatin to Central Link – Mong Kok East to Hung Hom Section (Register
No.: AEIAR - 165/2012) -
Environmental Impact Assessment
(EIA) Report [Hereinafter referred to as "the SCL(MKK-HUH) EIA
Report"] -
Environmental Monitoring and
Audit (EM&A) Manual [Hereinafter referred to as "the SCL(MKK-HUH)
EM&A Manual"] -
Executive Summary (1)
沙田至中環綫 - 旺角東至紅磡段 (登記冊編號:
AEIAR - 165/2012) -
環境影響評估報告 [下稱 “沙中綫 - 旺角東至紅磡段環評報告”] -
環境監察審核手冊 [下稱 “沙中綫 - 旺角東至紅磡段環監手冊”] -
行政摘要 (2) The Director’s letter of
approval of the SCL(MKK-HUH) EIA report dated 17 Feb 2012 [Ref.: (28)
in Ax(3) to EP2/G/A/ (2)
署長於 (3) Shatin to Central Link – Stabling Sidings at Hung Hom Freight Yard
(Register No.: AEIAR - 164/2012) -
Environmental Impact Assessment
(EIA) Report [Hereinafter referred to as "the SCL(HHS) EIA Report"] -
Environmental Monitoring and
Audit (EM&A) Manual [Hereinafter referred to as "the SCL(HHS)
EM&A Manual"] -
Executive Summary (3)
沙田至中環綫 - 位於紅磡貨運站的列車停放處 (登記冊編號: AEIAR
- 164/2012) -
環境影響評估報告 [下稱 “沙中綫 - 位於紅磡貨運站的列車停放處環評報告”] -
環境監察審核手冊 [下稱 “沙中綫 - 位於紅磡貨運站的列車停放處環監手冊”] -
行政摘要 (4)
The Director’s letter of approval of the SCL(HHS) EIA report
dated 17 Feb 2012 [Ref.: (30) in EP2/G/A/ (4)
署長於 (5)
Application for an Environmental Permit No. AEP-437/2012.
[Hereafter referred to as “the Application No. AEP-437/ (5)
申請環境許可證編號 AEP- 437/2012。 [下稱 “申請書編號
AEP- 437/ |
|
22 March 2012 |
|
|
|
Date 日期 |
|
(Ken Y.K. Wong) Principal Environmental Protection Officer For Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光代行 |
PART
B ( DESCRIPTIONS OF DESIGNATED
PROJECT(S) )
B部 (指定工程項目的說明)
Hereunder
is the description of the designated project(s) mentioned in Part
A of this environmental permit :-
下列為本環境許可證A部所提及的指定工程項目的說明：–
|
Title of Designated Project(s) 指定工程項目的名稱 |
Shatin to Central Link - Mong Kok East to Hung Hom Section [This designated project is hereinafter referred to as "the
Project"] 沙田至中環綫 - 旺角東至紅磡段 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project(s) 指定工程項目的性質 |
Construction and operation of a railway, its associated station, a
railway tunnel more than 興建和運作一條鐵路及其相聯車站，一條入口之間的長度超過 |
|
Location of Designated Project(s) 指定工程項目的地點
|
The location of this
Project and its works areas are shown in Figure
1 attached to this Permit. 工程項目及其工地的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The Project comprises the following designated
project elements:
(i.)
Construction and operation of
an approximately
(ii.)
Realignment of the existing 工程項目的範圍包括: (i.) 興建和運作從隧道入口 (ii.) 暢運道改道工程 |
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 (Cap. 499) and may become the subject
of appropriate action being taken under the Ordinance.
1.2
The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including but 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 defense 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 construction 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 construction
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 SCL(MKK-HUH) EIA Report; the SCL(HHS) EIA
Report; the application document (Application No. AEP-437/2012) and other relevant documents in the Register; and
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 deposited 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, and 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).
All submissions or any variation of the submissions shall be certified
by the Environmental Team (ET) Leader and verified by the Independent
Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this
Permit.
1.10
The Permit Holder shall release all finalised
submissions as required under this Permit, to the public by depositing copies in
the Environmental Impact Assessment Ordinance Register Office, or in any other
places, or any internet websites as specified by the Director, or by any means
as specified by the Director, for public inspection. For this purpose, the
Permit Holder shall provide sufficient copies of the submissions.
1.11
The Permit Holder shall notify the Director in writing
the construction commencement date of the Project no later than one month 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 construction
commencement date.
1.12
All submissions to the Director required under this
Permit shall be delivered either in person or by registered mail to the
Environmental Impact Assessment Ordinance Register Office (currently at 27/F,
Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalised
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 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hardcopies.
1.13
For the purpose of this Permit, “construction
commencement” does not include works related to site clearance and preparation,
or other works as agreed by the Director.
1.14
The Permit Holder shall notify the Director in writing
the operation commencement date of the Project no later than two months prior
to the commencement of operation of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the operation
commencement date.
2
Special Conditions
Submissions
and Measures before Commencement of Construction of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.2
An IEC shall be employed by the Permit Holder no later
than one month before commencement of construction of the Project. The IEC shall not be in any way an
associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at
least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties
defined in the SCL(MKK-HUH) EM&A Manual and shall audit the overall
EM&A performance, including the implementation of all environmental
mitigation measures, submissions required in the SCL(MKK-HUH) EM&A Manual,
and any other submissions required under this Permit. In addition, the IEC shall be responsible
for verifying the environmental acceptability of permanent and temporary works,
relevant design plans and submissions under this Permit. The IEC shall verify
the log-book(s) mentioned in Condition 2.1 of this Permit.
The IEC shall notify the Director by fax, within one working day of
receipt of notification from the ET Leader of each and every occurrence, change
of circumstances or non-compliance with the SCL(MKK-HUH) EIA Report and the
SCL(HHS) EIA Report and this Permit, which might affect the monitoring or
control of adverse environmental impacts from the Project. In the case where the IEC fails to so
notify the Director of the same, fails to discharge the duties of the IEC as
defined in the SCL(MKK-HUH) EM&A Manual, or fails to comply with this Condition, the Director
may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed
or further failure to so notify the Director despite employment of a new IEC
may render the Permit liable to suspension, cancellation or variation.
Notification by the Permit Holder is the same as notification by the IEC for
the purpose of this Condition.
Community
Liaison Group
Appointment of
Certified Arborist
Management
Organization of Main Construction Companies
2.5
The Permit Holder shall, no later than two weeks
before the commencement of construction of the Project, inform the Director in
writing the management organization of the main construction companies and/or
any form of joint ventures associated with the construction works of the
Project. The submitted information shall include at least an organization
chart, names of responsible persons and their contact details.
Submission of Construction
Programme and EP Submission Schedule
Submission of Construction Noise Mitigation Measure Plan
2.7
To further reduce the air-borne construction noise
impacts on the Noise Sensitive Receivers (NSRs) with exceedance after
mitigation, as predicted in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report
(i.e. Carmel Secondary School (South Block) and Wing Fung Building as shown at Figure 1), the Permit
Holder shall, no later than one month before the commencement of construction
of the Project, submit to the Director for approval four hard copies and one
electronic copy of an updated Construction Noise Mitigation Measure Plan
(CNMMP) and other initiatives proposed by the Permit Holder. The plan shall include:-
(a)
a schedule of construction works to be carried out at the
works areas of the Project within
(b)
an updated construction methodology of the construction
works;
(c)
an updated powered mechanical equipment (PME) list for
the construction works;
(d)
an updated proposal of air-borne construction noise
mitigation measures for the NSRs as shown in Figures 1, including the provision of
noise barriers, enclosures; and
(e)
an updated prediction of noise levels in accordance with
the above updated information and mitigation proposals in place.
Before submission to
the Director, the CNMMP shall be certified by the ET and verified by the IEC as
conforming to the relevant information and recommendations contained in the SCL(MKK-HUH) EIA
Report and the SCL(HHS) EIA Report. The approved CNMMP shall be fully
and properly implemented.
Submission of Continuous Noise Monitoring Plan
(a)
updated
environmental monitoring and audit requirements relating to continuous noise monitoring at the Noise
Sensitive Receivers (NSRs) with exceedance after mitigation in air-borne
construction noise impact as predicted in the SCL(MKK-HUH) EIA Report and
the SCL(HHS) EIA Report (i.e. Carmel Secondary School
(South Block) and Wing Fung Building as shown at Figure 1) and as updated in the CNMMP
approved under Condition 2.7;
(b)
drawings
in the scale of 1:5,000 or other appropriate scale as agreed by the Director
showing the proposed locations for conducting continuous noise monitoring;
(c)
monitoring
methodology and measurement parameters;
(d)
a system to report the continuous noise monitoring
results on a website as required under Condition 4.2, within a period of 2 working days after the relevant
noise monitoring data are collected or become available; and
(e)
an
Event and Action Plan giving details of the immediate active remedial measures in the
event that the measured noise levels exceed the worst-case scenario predicted
in the SCL(MKK-HUH)
EIA Report and the SCL(HHS) EIA Report or the levels as updated by the CNMMP approved
under Condition 2.7.
Before
submission to the Director, the Continuous Noise Monitoring Plan shall be
certified by the ET and verified by the IEC as conforming to the relevant
information and recommendations contained in the SCL(MKK-HUH) EIA Report and
the SCL(HHS) EIA Report or the
updated prediction of noise levels as contained in the CNMMP approved under
Condition 2.7. The approved Continuous Noise Monitoring Plan shall be fully and properly implemented.
Submission of Construction
and Demolition (C&D) Material Management Plan
2.9
The Permit Holder shall, no later than one month before
commencement of construction of the Project, submit to the Director for
approval four hard copies and one electronic copy of a construction and
demolition (C&D) materials management plan (C&DMMP). The C&DMMP shall describe the
arrangements for avoidance, reuse, recovery and recycling, storage, collection,
treatment and disposal of C&D materials to be generated from the
construction of the Project. The C&DMMP shall indicate the disposal
location(s) of all surplus excavated spoil and other wastes. A trip
ticket system shall be included in the C&DMMP. Surplus excavated
spoil and other wastes shall only be disposed of at designated disposal
locations unless otherwise approved by the Director.
Before submission to
the Director, the C&DMMP shall be certified by the ET Leader and verified
by the IEC as conforming to the relevant information and recommendations
contained in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. The
approved C&DMMP shall be fully and properly implemented.
Submission of Sediment
Management Plan
2.10
The Permit Holder shall, no later than one month
before the commencement of construction of the Project, submit to the Director
for approval four hard copies and one electronic copy of an updated sediment
management plan. The plan shall
include, but not limited to, details of the proper treatment and handling of
sediments so generated by the Project before disposal. The sediment management plan shall be
fully and properly implemented.
Submission of Visual,
Landscape, Tree Planting & Protection Plan
2.11
The Permit Holder shall, no later than one month
before the commencement of construction of the Project, submit four hard copies
and one electronic copy of the visual, landscape, tree planting & protection
plan to the Director for approval.
The plan, with drawings in the scale of 1:1000 or other appropriate
scales as agreed by the Director shall show the visual, landscape, tree
planting & protection measures of the Project, and shall include at least
the following information:-
(d)
tree felling proposal showing locations, size, number and
plant species to be felled;
(g)
implementation programme, maintenance and management
schedules for measures proposed in (a) to (f) above.
The proposals under
Condition 2.11 (b) to (f) shall be prepared by the Certified Arborist appointed
under Condition 2.4. The plan
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the SCL(MKK-HUH) EIA Report and
the SCL(HHS) EIA Report. The
approved plan shall be fully and properly implemented.
Submissions
and Measures to be Implemented During Construction Stage
Measures
for Mitigating Construction Dust Impact
2.12
In order to minimise the construction dust impact, the
following dust mitigation measures shall be implemented:-
(a)
watering
once every working hour to keep active works areas, exposed areas and paved
haul roads wet; and
(b)
enclosing
the unloading process at any barging point by a 3-sided screen with top tipping
hall, and operating water spraying and flexible dust curtains at the discharge
point
Measures for Mitigating Aerial Emissions
from Construction Plant
2.13
All diesel fuelled construction plant, including
marine vessels if possible, used by the contractors within the work areas of
the Project shall be powered by ultra low sulphur diesel fuel.
Submissions
and Measures Before and During Operational Stage
Submission of As-built
Drawings of Measures for Mitigating Landscape and Visual Impact and Tree
Planting
Submissions and
Measures for Mitigating Operational Noise
2.15
The Permit Holder shall operate 9-car SP1900 train, or
other train type with equivalent or better noise performance supported with justifications
by the ET Leader and verified by the IEC as conforming to the information,
requirements and recommendations as set out in the SCL(MKK-HUH) EIA Report and
the SCL(HHS) EIA Report. The
maximum train frequency operating in the Project from hours 0700 to 2300 shall
not exceed 30 trains per hour in each direction. The maximum train frequency operating in
the Project from hours 2300 to 0700 of the following day shall not exceed 24
trains per hour in each direction.
2.16
The Permit Holder shall, no later than one month after
completion of corresponding parts of the tunnel excavation of the Project,
deposit with the Director four hard copies and one electronic copy of an
Operational Ground-borne Noise Mitigation Measures Plan to justify the need of
any ground-borne noise mitigation measure for that part of the tunnel in the
SCL(MKK-HUH) EIA Report. The plan
shall include the review and verification of the assumptions adopted in the
SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report, such as line source
response and ground vibration conditions, and shall include justifications and
recommendations for any noise mitigation measures found necessary, including
but not limited to:-
(a)
medium
attenuation baseplates (Type 1);
(b)
high attenuation baseplate or booted dual sleepers (Type
2); or
(c)
floating mini slab trackform (Type 3).
Before submission to the
Director, the Operational Ground-borne Noise Mitigation Measures Plan shall be
certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the SCL(MKK-HUH)
EIA Report and the SCL(HHS) EIA Report.
2.17
The Permit Holder shall, no later than one month after
the completion of installing the rail tracks, deposit with the Director four
hard copies and one electronic copy of a set of as-built drawing(s) for the
operational ground-borne noise mitigation measures as recommended in the
Operational Ground-borne Noise Mitigation Plan deposited under Condition 2.16 above.
Before submission to the Director, the set of as-built drawing(s) shall
be certified by the ET Leader and verified by the IEC who shall confirm that
the measures set out in the Operational Ground-borne Noise Mitigation Plan
under Condition 2.16 has been fully and properly implemented.
2.18
To mitigate the operational air-borne noise from the
at-grade section near Portal
2.19
The Permit Holder shall, no later than one month after
the completion installing noise enclosure as required under Condition 2.18 above, deposit with the Director four hard copies and
one electronic copy of a set of as-built drawing(s) showing:-
(a)
noise enclosure under Condition 2.18 above; and
(b)
any additional or changes to noise enclosure if
required.
Before submission to
the Director, the set of as-built drawing(s) shall be certified by the ET
Leader and verified by the IEC as conforming to the information and recommendations contained in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. The noise enclosure as shown in the
deposited as-built drawings shall be fully and properly implemented.
2.20
At least one month before commencement of operation of
the Project, the Permit Holder shall carry out noise performance test in
accordance with Sections 5.4 to 5.6 of the SCL(MKK-HUH) EM&A Manual and
Section 9.7 of the SCL(HHS) EM&A Manual and deposit with the Director four
hard copies and one electronic copy of a Noise Performance Test Report to
confirm the compliance of the operational ground-borne levels in accordance
with the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. Before submission to the Director, the
Noise Performance Test Report shall be certified by the ET Leader and verified
by the IEC as conforming to the information and recommendations contained in
the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. All measure(s) recommended in the
deposited Noise Performance Test Report shall be fully and properly
implemented.
2.21
At least one month before commencement of operation of
the Project, the Permit Holder shall carry out fixed plant noise audit and
deposit with the Director four hard copies and one electronic copy of an audit
report showing that the design of the fixed plant noise sources associated with
the Project complies with the maximum sound power levels determined in the
SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. The audit report shall also confirm that
noise emitted from the fixed noise sources shall be free of the characteristics
of tonality, implusiveness and intermittency. The audit report shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA
Report.
Measures for
Mitigating Impacts on Water Quality from Track Run-off
2.22
To mitigate water quality impact from tunnel run-off
from rail track:-
(a)
track drainage channels discharge shall pass through
oil/grit interceptors/chambers to remove oil, grease and sediment before
discharging into public storm drainage / foul sewerage systems;
(b)
the silt traps and oil interceptors shall be cleaned and
maintained regularly; and
(c)
oily contents of the oil interceptors shall be
transferred to an appropriate disposal facility, or to be collected for reuse,
if possible.
3. Environmental
Monitoring and Audit Requirements
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the SCL(MKK-HUH) EM&A Manual by:-
(a)
conducting baseline environmental monitoring;
(b)
conducting impact monitoring;
(c)
carrying out remedial actions described in the Event/
Action Plans of the SCL(MKK-HUH) EM&A Manual in accordance with the time
frames set out in the Event/ Action Plans, or as agreed by the Director, in
case where specified criteria in the SCL(MKK-HUH) EM&A Manual are exceeded;
and
(d)
logging and keeping records of details of all parameters
within 3 working days of the collection of data or completion of remedial
action(s), for the purpose of preparing and submitting the monthly EM&A
Reports and to make available for inspection on site.
3.5 All EM&A results submitted under this Permit shall be true, valid and correct.
4. Electronic Reporting of EM&A Information
4.1.
To facilitate
public inspection of the Baseline Monitoring Report and the monthly EM&A
Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF)
(version 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 3.3 and 3.4 of this Permit. For the HTML version, a content page
capable of providing hyperlink to each section and sub-section of these Reports
shall be included in the beginning of the document. Hyperlinks to all figures, drawings and
tables in these Reports shall be provided in the main text from where the
respective references are made. All
graphics in these Reports shall be in interlaced GIF format unless otherwise
agreed by the Director. The content
of the electronic copies of these Reports must be the same as the hard copies.
(a)
providing access to all environmental monitoring data
collected since the commencement of construction and all submissions under this
permit;
(b)
searching by date;
(c)
searching by types of monitoring data; and
(d)
hyperlinks to relevant monitoring data after searching.
or otherwise as agreed by the Director.
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 Ordinance, 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
Ordinance to the Director for a variation of the conditions of this
Permit. The Permit Holder shall replace the original permit displayed on
the construction site by the amended permit.
4.
A person who assumes the responsibility for the whole or
a part of the designated project may, before he assumes responsibility of the
designated project, apply under Section 12 of the Ordinance to the Director for
a further environmental permit.
5.
Under Section 14 of the Ordinance, 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 construction site.
6.
If this Permit is cancelled or surrendered during
construction or operation of the Project, another environmental permit must be
obtained under the Ordinance before the Project could be continued. It is
an offence under section 26(1) of the Ordinance to construct or operate a
designated project listed in Part I of schedule 2 of the Ordinance 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 Ordinance, 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 Ordinance 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 EIA Ordinance for details and seek
independent legal advice.