Environmental Permit No. EP - 487/2014

                                                                                                            環境許可證編號EP- 487/2014

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

 

PART A (MAIN PERMIT)

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 Ocean Park Corporation (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海洋公園公司(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-487/2014

Document in the Register

登記冊上文件

(1) Tai Shue Wan Development at Ocean Park Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.: AEIAR - 184/2014) [Hereinafter referred to as "the EIA Report"]

海洋公園大樹灣發展計畫環境影響評估報告(登記冊編號: AEIAR - 184/2014) [下稱環評報告]

 

(2) The Director’s letter of approval of the EIA report dated 27 August 2014 [ Ref.: (44) in EP2/H16/O/06 Pt.3 ]

(2) 署長於2014年8月27日發出批准環評報告的信件 [檔案編號: (44) in EP2/H16/O/06 Pt.3]

 

(3) Application for an Environmental Permit No. AEP-487/2014. [Hereafter referred to as “the Application No. AEP-487/2014”]

(3) 申請環境許可證編號 AEP- 487/2014。[下稱 “申請書編號 AEP- 487/2014”]

 

 

 

 

 

 

 

 

                        27 August 2014

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

Tai Shue Wan Development at Ocean Park

[This designated project is hereinafter referred to as "the Project"]

海洋公園大樹灣發展計畫 [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 the Project constituting material change to exempted parts of Ocean Park - a theme park or amusement park with a site area of more than 20 ha in size

建造及營辦工程項目對獲豁免部分的海洋公園 (場地面積超過20公頃的主題公園或遊樂公園) 構成實質改變

。

Location of Designated Project(s)

指定工程項目的地點        

South-western side of Brick Hill facing Aberdeen Channel. The location of this Project and its works areas are shown in Figure 1 attached to this Permit.

南朗山西南面，面向香港仔海峽。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

Construction and operation of:-

•   an indoor zone – water park with a wave pool, lazy river, play structure, water slides, surf-rider, various pools, food and beverage (F&B) facilities, electrical and mechanical (E&M) utilities, back of house and car-parking;

•  an outdoor zone – water park with a wave pool, lazy river, water slides, ride platforms, various pools; ‘sea turtle’ exhibit; and some small-scale F&B facilities;

•   general approach area – coach and taxi drop-off point and emergency vehicular access (EVA) road; and

•   sewerage facilities – sewage sump pit and twin above-ground rising mains of 150 mm diameter each.

 

興建和運作:

•   戶內園區 – 水上樂園設有造浪池、漂流河、遊樂結構、水上滑梯、乘波池、各種水池、餐飲設施、機電設備、後勤地方和停車場；

•   戶外園區 – 水上樂園設有造浪池、漂流河、水上滑梯、遊樂設施平臺、各種水池；「海龜」展覽以及一些小型餐飲設施；

•   一般上落客區 – 旅遊車和的士落客點以及緊急車輛通道；及

•   污水處理設施 – 污水集水槽和每管150 毫米直徑的雙管地面污水泵喉。

 

 

PART C (PERMIT CONDITIONS)

 

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) and Waste Disposal Ordinance (Cap. 354).  This Permit does not of itself constitute any ground of defence against any proceedings instituted 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 approved EIA Report (Register No.: AEIAR-184/2014), the application documents for environmental permits, 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            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.

 

1.12        The Permit Holder shall notify the Director in writing the commencement date of construction 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 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.

 

1.14        The Permit Holder shall notify the Director in writing the commencement date of operation 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 commencement date of the operation.

 

2                     Special Conditions

 

                Submissions or Measures before Commencement of Construction of the Project

 

                Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

2.1          An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the approved EIA Report and this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report and this Permit or by the Director or his authorised officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

 

2.2          An Independent Environmental Checker (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 EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the 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 approved 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 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.

 

                Employment of Qualified Ecologist

 

2.3                The Permit Holder shall appoint Qualified Ecologist(s) with 5 or more years of relevant experience to carry out the works relating to ardeids monitoring, vegetation survey, woodland monitoring and to prepare submissions for the Project as required under Conditions 2.6, to 2.10. The qualification and experience of the Qualified Ecologist(s) shall be certified by the ET Leader and verified by the IEC. The Qualified Ecologist(s) shall form part of the ET.

 

Management Organization of Main Construction Companies

 

2.4                 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 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

 

2.5                 The Permit Holder shall, no later than two weeks before commencement of the construction works of the Project, deposit with the Director four hard copies and one electronic copy of the construction programme showing the commencement and completion dates of major items of construction works; together with the schedule of anticipated submissions for fulfilling the requirements as contained in this Permit. The Permit Holder shall inform the Director in writing in case of any subsequent changes to the submitted construction programme and EP Submission Schedule.

 

Submission of Detailed Vegetation Survey Report

 

2.6                 To reduce the impact to plant species of conservation interest, including but not limited to Platycodon grandiflorus due to the construction of the Project, the Permit Holder shall, no later than one month before the commencement of site clearance works on relevant parts of the Project, submit four hard copies and one electronic copy of Detailed Vegetation Survey Report to the Director for approval.  The Report shall include:

(a)     survey period, survey methodology, numbers, species and locations of plants identified within the Project boundary;

(b)     recommended protection and mitigation measures for the plant species of conservation interest as identified in the detailed vegetation survey;

(c)     if transplantation is proposed for the plant species of conservation interest, the transplantation proposal shall include the locations of reception sites for transplanted plants, methodology of transplantation and detailed schedule for post-transplantation monitoring and maintenance requirements.

The Detailed Vegetation Survey Report shall be prepared by the Qualified Ecologist(s) as appointed under Condition 2.3 and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.  All recommended mitigation measures as set out in the approved Detailed Vegetation Survey Report shall be fully and properly implemented.  No site clearance works on relevant parts of the Project shall be allowed prior to the approval of the Detailed Vegetation Survey Report.

Submission of Woodland Compensation Plan

 

2.7                 To provide better quality and more diversified secondary woodland areas in the Project boundary (the location of woodland compensation area is shown in Figure 2) and to ensure the general health condition and survival rate of the plants, the Permit Holder shall,

(a)     no later than one month prior to commencement of site clearance works, submit four hard copies and one electronic copy of a Woodland Compensation Plan to the Director for approval. The Woodland Compensation Plan shall include:

                                        i.      native tree species and size of trees to be selected for planting with justifications;

                                      ii.      size of the woodland compensation areas and planting spacing;

                                     iii.      schedule for tree planting; and

                                    iv.      a detailed 3-year post-planting monitoring and maintenance programme.

The Woodland Compensation Plan shall be prepared by the Qualified Ecologist(s) appointed under Condition 2.3 and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.  All recommended mitigation measures as set out in the approved Woodland Compensation Plan shall be fully and properly implemented.  No site clearance works on relevant parts of the Project shall be allowed prior to the approval of the Woodland Compensation Plan.

(b)     no later than one month after completion of the 3-year post-planting monitoring and maintenance stipulated in Condition 2.7 (a)(iv) above, deposit with the Director four hard copies and one electronic copy of the 3-year Post-planting Review Report.  The Report shall be prepared by the Qualified Ecologist(s) appointed under Condition 2.3 to demonstrate that Condition 2.7 (a) has been fulfilled and to recommend the need for further monitoring with justification.  Before submission to the Director, the Report shall be certified by the ET Leader and verified by the IEC.

Submissions or Measures During Construction Stage

Submissions and measures for mitigating ecological impact

2.8                 To improve the overall ecological benefits of the Tai Shue Wan area, the Permit Holder shall develop the Ecological Enhancement Area in the first phase of the construction of the Project at the location as shown in Figure 2.  The Ecological Enhancement Area shall consist of a freshwater pond and planting areas with selected species.  The Permit Holder shall, no later than one month before the commencement of tree planting at the Ecological Enhancement Area, submit Ecological Enhancement Plan to the Director for approval.  The Plan shall contains:

(a)                 design of the freshwater pond including the details of pond size, depth and recommendations of favourable conditions and settings for ardeids or wild birds to roost;

(b)                 number, location and species of plant to be selected for planting, which shall include but not limited to Macaranga tanarius, Celtis sinensis, Mallotus paniculatus, Ficus hispida and Cratoxylum cochinchinense;

(c)                 number and location of heavy standard trees to be planted; and

(d)                 a detailed monthly monitoring programme (for one year during operation phase of the Project) to check the effectiveness of the setting in attracting ardeids roosting activities.

 

The Ecological Enhancement Plan shall be prepared by the Qualified Ecologist(s) appointed under Condition 2.3 and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.  All recommended mitigation measures as set out in the approved Plan shall be fully and properly implemented.  No tree planting in the Ecological Enhancement Area shall be allowed prior to the approval of the Plan.

 

2.9                 To reduce the impact to ardeid roosting and breeding activities during construction of the Project, the Permit Holder shall:

(a)     not carry out site clearance works at the existing roosting location as shown in Figure 3 during 1st November to 31st March of the following year inclusively;

(b)     no later than one month before commencement of site clearance works at the existing roosting location shown in Figure 3 deposit with the Director four hard copies and one electronic copy of an Ardeid Inspection Report for monitoring of ardeid breeding activities.  If active ardeid nest is observed, the measures as specified in the approved EIA report shall be implemented and such measures taken shall be properly recorded in the monthly EM&A report as required in Condition 3.1;

(c)     conduct monthly inspection during peak wintering season from 1st November to 31st March inclusively and breeding season from 1st April to 31st July inclusively within the Project boundary and the inspection results shall be reported in the monthly EM&A report as required in Condition 3.1. 

2.10              To reduce the impact to Short-nosed Fruit Bat during construction of the Project, the Permit Holder shall no later than one month before commencement of the proposed arboricultural works of the trees (particularly Chinese Fan-palms) within the Project boundary deposit with the Director four hard copies and one electronic copy of a Short-nosed Fruit Bat Inspection Report for monitoring of bat roosting activities.  If active bat roost is observed, the measures as specified in the approved EIA report shall be implemented and such measures taken shall be properly recorded in the monthly EM&A report as required in Condition 3.1.

Submission of Visual and Landscape Plan

 

2.11              To enhance the greening design of the Project and to allow the Project to blend well into the surrounding natural environment, the Permit Holder shall, no later than one month before the commencement of corresponding parts of greening work of the Project, deposit with the Director four hard copies and one electronic copy of a Visual and Landscape Plan.  The Plan shall include but not limited to: greening and landscape design details, use of non-reflective materials, provision of vertical and roof greening, plant species to be selected, implementation programme, maintenance schedules, visual illustrations and drawings in appropriate scale indicating the locations and number of tree planted for greening and landscape purpose.  Before submission to the Director, the Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.

Submission of Detailed Design Report for the Sewerage Facilities

 

2.12              To avoid septicity problem and associated odour impact arising from the sewerage facilities of the Project, the Permit Holder shall, no later than one month before the operation of the rising mains (as shown in Figure 4), submit four hard copies and one electronic copy of a Detailed Sewerage Design Report to the Director for approval.  The Report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report.  No operation of the rising mains shall be allowed prior to the approval of the Report.

Submissions or Measures Before and During Operational Stage

 

                Submissions and measures for mitigating operational noise

 

2.13              The Permit Holder shall only operate the Project from 0900 hour to 2300 hour of the same day.

2.14              The Permit Holder shall, no later than one month before commencement of operation of the Project, carry out noise audit work for the fixed noise sources including open air entertainment activities of the Project in accordance with standard acoustical principles and practices, and deposit with the Director four hard copies and one electronic copy of a Noise Audit Report showing the locations of the noise sources, implemented mitigation measures and the noise audit results complying with the maximum sound power levels specified in the approved EIA Report or showing that based on the noise audit results, the sound pressure level criteria at all the representative noise sensitive receivers are complied with.  The Noise Audit Report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report.

3.           Environmental Monitoring and Audit Requirements

 

3.1               The EM&A programme of the Project, including the monitoring for noise, ecological, landscape and visual impacts during the construction stage and the monitoring of ecological, landscape and visual impacts after completion of construction activities, shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR – 221/2014) of the Project.  The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.5.  Any changes to the EM&A requirements or programme and termination of the EM&A programme shall be supported with justifications by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual (Register No. AEIAR – 221/2014) of the Project.  Prior approval from the Director shall be obtained before their implementation.

 

3.2                Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:

 

(a)                 conducting baseline environmental monitoring;

(b)                 conducting impact monitoring; carrying out remedial actions described in the Event and Action Plans of the EM&A Manual in accordance with the time frames set out in the Event and Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and 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; and

(c)                 conducting post-construction ecological monitoring and carrying out actions described in the contingency plan of the EM&A Manual.

 

3.3                Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

 

3.4                Four hard copies and one electronic copy of the monthly EM&A Reports for the construction shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the approved EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director. 

 

3.5                All environmental monitoring and audit 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.

 

4.2          The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within 1 month after the commencement of construction of the Project. All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable, and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first 3-year of operation of the Project, or otherwise as agreed by the Director.

4.3          The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and project profile of the Project. The internet website shall have features capable of:

 

(a)                 providing access to all environmental monitoring data collected since the commencement of work 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 authorised 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 authorised 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.

 

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