Environmental Permit No. EP-500/2015
環境許可證編號 EP-500/2015
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 Asia King Development 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國盛發展有限公司（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-500/2015
|
|||
|
Document in the Register : 登記冊上的文件: |
1.
Comprehensive Development and Wetland Protection near Yau Mei San Tsuen -
Environmental Impact Assessment Report -
Environmental Impact Assessment Study Executive Summary -
Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-189/2015) 毗鄰攸美新村綜合發展及濕地保護計劃 -
環境影響評估報告 -
環境影響評估行政摘要 -
環境監察及審核手冊 下稱 “環評報告” （登記冊編號 : AEIAR-189/2015） |
|||
|
Document in the Register : 登記冊上的文件: |
2.
The Director’s letter of approval of the EIA Report dated 6 July 2015 (Ref.: (32) in EP2/N6/P/119 Pt.2) 環境保護署長於2015年7月6日發出批准環評報告的信件 （檔案編號 : (32) in EP2/N6/P/119 Pt.2） 3.
Application for Environmental Permit submitted by the Permit Holder
on 16 July 2015 (Application No.: AEP-500/2015) 許可證持有人於2015年7月16日提交的環境許可證申請 （申請書編號：AEP-500/2015） |
|||
|
12 August 2015 |
|
||
|
Date 日期 |
|
( Victor W.T. YEUNG ) Acting Principal
Environmental Protection Officer (Strategic
Assessment) for
Director of Environmental Protection 環境保護署署長 （署理首席環境保護主任（策略評估）楊維德代行） |
|
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 |
Comprehensive
Development and Wetland Protection near Yau Mei San
Tsuen (This
designated project is hereinafter referred to as “the Project”) 毗鄰攸美新村綜合發展及濕地保護計劃 （本指定工程項目下稱“工程項目”） |
|
Nature of
Designated Project 指定工程項目的性質 |
A residential development within Deep Bay Buffer
Zone 2 在后海灣2號緩衝區內的住宅發展 |
|
Location
of Designated Project 指定工程項目的地點 |
Mai
Po, Yuen Long, N.T. 新界元朗米埔 The
location of the Project is shown in Figure
1 of this Permit 工程項目的地點展示於本許可證圖1內 |
|
Scale and Scope of Designated Project |
The
Project is to construct
and operate a residential development and a Wetland Restoration Area at DD104
Yuen Long, N.T. 工程項目為在新界元朗丈量約份第104約內建造及營辦住宅及濕地修復區 |
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, 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 and the documents referred to in Part
A of the Permit readily available at all times for inspection by the
Director or his authorized 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 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 recommendations described in
the approved EIA Report (Register No. AEIAR-189/2015), the application for
Environmental Permit (Application No. AEP-500/2015) and other relevant documents in
the Register, the information and mitigation measures described in this Permit,
mitigation measures to be recommended in the 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 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
finalized 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 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 Environmental Impact Assessment Ordinance Register Office (currently at
27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized
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 hard
copies.
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 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.
Submissions or Measures to be Implemented before 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 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 EIA Report (Register No. AEIAR-189/2015) 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
EIA Report (Register No. AEIAR-189/2015) and
this Permit or by the Director or his authorized 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 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 or email, 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 EIA
Report (Register
No. AEIAR-189/2015) and this Permit, which may 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.
Management Organization of Main Construction
Companies
2.3 The Permit Holder
shall, no later than one month 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.
Wetland
Restoration Area (WRA)
2.4 The Permit
Holder shall be fully responsible for the design, construction, and long term
management and monitoring of the WRA.
2.5 The Permit
Holder shall review the development layout and widen the ecological corridor
with a view to maintaining adequate ecological connection between Ngau Tam Mei Drainage Channel and the Deep Bay wetland
system.
2.6 The Permit
Holder shall, without compromising the ecological function of the WRA, preserve
the existing fruit trees within the WRA site as far as practicable.
2.7 The Permit
Holder shall, in consultation with the Agriculture, Fisheries and Conservation
Department (AFCD),
update the Wetland Restoration Plan setting out the details of Conditions 2.4,
2.5, 2.6, 2.8, 2.9 and 5.6 for submission to the Director for approval
before commencement of construction of the Project.
Boundary
Barriers, Fencing and Planting
2.8 The Permit
Holder shall make use of trees principally of native species for screen and
buffer planting for the operation phase of the Project.
2.9 The Permit
Holder shall design the boundary barriers and fencing with the aim to avoid
hindrance to wildlife movement between the WRA and the Deep Bay wetland system,
for both the construction and operation phases of the Project.
2.10 The Permit Holder shall
make best use of moveable noise barriers close to the noise sources of construction
activities with a view to minimizing the extent and hence the visual impacts of
noise barriers during construction of the Project.
2.11 The Permit Holder shall
prepare a Landscape and Visual Implementation Plan setting out details of Conditions
2.8, 2.9 and 2.10 for submission to the Director for approval before
commencement of construction of the Project.
Control
of Water Pollution due to Site Runoff
2.12 The Permit Holder shall
prepare and implement an Emergency Response Plan (ERP) to control water
pollution due to site runoff during inclement weather. The plan shall include
but not limited to measures of the Best Management Practices as identified in
the EIA report and an event and action plan with action and limit levels for
water quality monitoring.
Updated
Environmental Monitoring and Audit (EM&A) Manual
2.13 The Permit Holder shall
submit an updated EM&A Manual setting out details of ERP required in Condition
2.12 to the Director for approval prior to commencement of construction
works.
3.
Measures to Mitigate Environmental
Impacts during Construction of the Project
Establishment
of Wetland Restoration Area (WRA)
3.1 Prior to the site
clearance, formation and construction of the residential development, the Permit Holder shall construct the WRA in accordance with the
Wetland Restoration Plan approved under Condition 2.7.
3.2 Construction
for the WRA shall be commenced and completed in the wet season (April to
September) of the first construction year.
3.3 The installation of site hoarding shall not be carried out during peak
winter bird season between October and March.
3.4 The Permit Holder shall provide a
temporary wetland enhancement area of not
less than 1.1 ha at the south-western part of the project area during the
construction of the WRA.
3.5 The
Permit Holder shall notify the Director the completion of construction of the
WRA. The Permit Holder shall also notify the Director the completion of establishment of the WRA. The notification shall contain evidence of completion. The
evidence shall be certified by the ET Leader and verified by the IEC.
3.6 For
the residential development area of the Project, no construction of superstructure,
roadworks and underground services and utilities
shall be commenced before the acceptance of the notification of completion of
establishment of the WRA under Condition 3.5 by
the Director.
Boundary
Barriers, Fencing and Planting
3.7 The Permit
Holder shall implement and maintain the construction stage measures recommended
in the Landscape and Visual Implementation Plan approved under Condition
2.11.
Control
of Water Pollution due to Site Runoff
3.8 To control
water pollution due to site runoff during inclement weather, the Permit Holder
shall implement and maintain the construction stage measures recommended in the
ERP of the updated EM&A Manual approved under Condition 2.13.
4.
Measures to Mitigate Environmental
Impacts during Operation of the Project
Long
Term Management of the WRA
4.1 The Permit
Holder shall be fully responsible for the long term management and monitoring
of the WRA in accordance with the approved Wetland Restoration Plan.
4.2 Upon the acceptance of the notification of completion of establishment
of the WRA under Condition 3.5 by
the Director, the Permit Holder shall, in consultation
with the AFCD, conduct an overall
review of the performance of the wetland and its management and monitoring
requirements, and update the Wetland Restoration Plan if required for
submission to the Director for approval. The
outcome of the overall review shall be submitted to the Director no later than
6 months after the completion of establishment of the WRA.
Boundary
Barriers, Fencing and Planting
4.3 The Permit
Holder shall implement and maintain the operation stage measures recommended in
the Landscape and Visual Implementation Plan approved under Condition 2.11.
Control
of Water Pollution due to Site Runoff
4.4 To control
water pollution due to site runoff during inclement weather, the Permit Holder
shall implement and maintain the operation stage measures recommended in the ERP
of the updated EM&A Manual approved under Condition 2.13.
Sewage
Disposal
4.5 Before
public sewer is available for connection, sewage from the Project shall be
treated by the interim sewage treatment plant as stated in the EIA report.
5.
Environmental Monitoring and Audit
(EM&A) Requirements
5.1 The EM&A programme
shall be implemented in accordance with the procedures and requirements in the
EM&A Manual. Any changes to the monitoring and audit requirements
shall be justified by the ET leader and verified by the IEC as conforming to
the requirements set out in the EM&A Manual, and shall seek the prior approval from the
Director before implementation.
5.2 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 constructional
and operational phase impact monitoring;
c)
carrying out remedial actions described in the Event/Action
Plans of the EM&A Manual in accordance with the time frame set out in the
Event/Action Plans, or as agreed by the Director, in case where specified
criteria in the EM&A Manual are exceeded;
d)
logging and
keeping records of the details of (a) to (c) above for 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 the information for inspection on site.
5.3 Four
(4) hard copies and 1 electronic copy of the Baseline Monitoring Report
shall be submitted to the Director at least 2 weeks before commencement of
construction of the Project. The submission shall be certified by the ET
Leader and verified by the IEC. Additional copies of the submission shall
be made available to the Director upon his request.
5.4 Four
(4) hard
copies and 1 electronic copy of monthly EM&A Report shall be submitted to
the Director within 2 weeks after the end of the reporting month. The
EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance
limits (Action and Limit Levels). The submissions shall be certified by
the ET Leader and verified by the IEC. Additional copies of the
submission shall be provided to the Director upon request by the Director.
5.5 All EM&A
data submitted under this Permit shall be true, valid and correct.
5.6 In accordance with the EM&A Manual, the Permit Holder shall carry
out baseline ecological monitoring for target species and other
wetland-dependent fauna within the Project Area and Assessment Area as defined
in the EIA report, during the 12 months prior to commencement of any site
clearance required for wetland and/or residential construction. The baseline monitoring results should be reported in the Baseline
Monitoring Report. Throughout the construction and operation phases of the
project, the project proponent shall also carry out ecological monitoring in
accordance with the approved Wetland Restoration
Plan with monitoring results reported in the regular EM&A reports. The
Baseline Monitoring Report and the regular EM&A reports shall be submitted
to the Director and made available to AFCD, Advisory Council on
the Environment and its members for information.
6. Electronic
Reporting of EM&A Information
6.1 To facilitate public inspection of
the Baseline Monitoring Report and monthly EM&A Reports via the EIAO
Internet Website and at the EIAO Register Office, electronic copies of these
Reports 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
hard copies as described in Conditions 5.3 and 5.4 above 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.
6.2 The
Permit Holder shall, within 6 weeks after commencement of construction of the
Project, set up a dedicated Internet web site and notify the Director in
writing the Internet address where the environmental monitoring data and
project information is to be placed. All environmental monitoring data
described in Condition 6.1 above shall be made available to the public via the
dedicated Internet web site in the shortest possible time and in any event no
later than 2 weeks after the relevant environmental monitoring data are
collected or become available, unless otherwise agreed with the Director.
All finalized submissions and plans shall be made available to the public via the
dedicated Internet web site in the shortest possible time and in any event no
later than 2 weeks after the submissions and plans are approved by or deposited
with the Director, unless otherwise agreed with the Director.
6.3 The
Internet web site as described in Condition 6.2 above shall enable user-friendly
public access to the environmental monitoring data and project information
including the Project Profile, EIA report, Environmental Permit(s) and finalized
submissions and plans required under this Permit. The Internet web site shall
have features capable of:
a)
providing
access to all environmental monitoring data of this Project collected since the
commencement of construction;
b)
providing
access to all finalized submissions as required under this Permit;
c)
searching
by date;
d)
searching
by types of monitoring data; and
e)
hyperlinking
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 shall 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 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 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 shall refer to the EIAO
for details and seek independent legal advice.
Environmental
Permit No. EP-500/2015
環境許可證編號EP-500/2015
| Figure 1 |
[ Back to First Page ] / [ Back to Main Index ]