Environmental Permit No. EP – 502/2015
環境許可證編號 EP - 502/2015
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 OPERATE AND
DECOMMISSION
A DESIGNATED PROJECT
營辦及解除運作指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact
Assessment Ordinance (EIAO), the Director of Environmental Protection (the
Director) grants this environmental permit to the Dragages Hong
Kong Limited (hereinafter
referred to as the "Permit Holder") to operate and decommission 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香港寶嘉建築有限公司 (下稱 "許可證持有人")以營辦及解除運作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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November 2015 2015 年 11 月 18 日 |
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(Terence TSANG) 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)曾世榮代行 |
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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 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部所提及的指定工程項目的說明:
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Title of Designated Project(s) 指定工程項目的名稱 |
Operation of the Existing Tai Lam
Explosive Magazine at Tai Shu Ha, Yuen Long for Liantang/Heung Yuen Wai
Boundary Control Point Project [This designated project is hereinafter referred to
as "the Project"] 蓮塘／香園圍口岸工程項目：大樹下大欖炸藥庫 |
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Nature of Designated Project(s) 指定工程項目的性質 |
An explosive depot 爆炸品倉庫 |
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Location of Designated Project(s) 指定工程項目的地點 |
Tai Shu Ha, Yuen Long 元朗大樹下 The location
of this Project is shown in Figure 1 of
this Permit. 工程項目的地點展示於本許可證夾附的圖1內。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The Project is to continue operation of the existing Tai Lam
explosive magazine at Tai Shu Ha for the Liantang/Heung Yuen Wai Boundary
Control Point tunnel project construction works, and decommissioning of the
explosive depot upon completion of its operation. 工程項目為繼續營辦位於元朗的大樹下大欖炸藥庫以供蓮塘／香園圍口岸的隧道建造工程使用，以及在營辦期完結後解除運作。 |
C部 (許可證條件)
1.
General
Conditions
一般條件
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 Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance
(Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise Control
Ordinance (Cap. 400). 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 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 in
the Permit. The site(s) refers to site(s) of 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 operate and decommission 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 operated and
decommissioned in accordance with the information and
recommendations described in the EIA Report (Register No.: AEIAR-193/2015), the application documents for environmental permit (Application
No.: AEP-502/2015), other relevant documents in the Register, the information and
mitigation measures described in this Permit, 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, 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). 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/or 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 operation and decommission of the Project no later than two months prior to the respective commencement of operation and
decommission of the Project. The Permit Holder shall
notify the Director in writing immediately if there is any change of the
commencement dates of the operation and
decommission.
2.
Specific
Conditions
Submission and/or Measures before
Commencement of Operation 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 operation 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 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-193/2015) 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-193/2015) 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 operation 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 of the Project 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 EIA Report (Register No.: AEIAR-193/2015) 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.
Submissions and/or Measures to be
Implemented During Operation/Decommissioning of the Project
2.3
Only the routes shown in Figures 2, 3 and 4 are allowed for delivery of explosives
from the magazine to the worksites.
2.4
The Permit Holder shall ensure that
there is no explosive stored at the explosives magazine before commencement and
during the course of the decommissioning works.
2.5
The Permit Holder shall implement reinstatement
planting upon completion of operation of the magazine as per the Approved Tree
Planting and Landscape Plan for XRL - TLP-10 : Works in Yuen Long District (Tai
Shu Ha) (Revision 1) in Annex 3B of the EIA Report (Register No.: AEIAR-193/2015).
3.
Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The EM&A programme shall be
implemented in accordance with the procedures and requirements as set out in
the EM&A Manual. Any change to the EM&A requirements or programme shall
be justified by the ET Leader and verified by the IEC as conforming to the
relevant requirements set out in the EM&A Manual and shall seek the prior
approval from the Director before implementation.
3.2
Four hard copies and one electronic copy
of monthly EM&A Report shall be submitted to the Director within 2 weeks
after the end of each reporting month throughout the entire operation and decommissioning period. The EM&A Reports shall include a summary of all non-compliance.
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 to the Director upon request by the Director.
3.3
All EM&A data submitted under this
Permit shall be true, valid and correct.
4.
Electronic
Reporting of EM&A Information
4.1
To facilitate public inspection of
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/or 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 as described in Condition 3.2 and 3.3 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 hardcopies.
4.2
The Permit Holder shall set up a dedicated
website and notify the Director in writing the internet address where the
environmental monitoring and project data is to be placed within one month
after the commencement of operation 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 website 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 operation period and during the first 3-year, after the
project has been decommissioned, or otherwise as agreed by the Director.
(a)
providing access to all environmental
monitoring data collected since the commencement of operation 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:
註:
1.
This Permit consists of three parts,
namely, Part A (Main Permit), Part B (Description of Designated Project(s))
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.
本許可證共有3部，即A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
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.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。
4.
A person who assumes the responsibility
for the whole or a part of the designated project(s) may, before he assumes
responsibility of the designated project(s), apply under Section 12 of the EIAO
to the Director for a further environmental permit.
承擔工程項目整項或部分工程的責任的人，在承擔責任之前，可根據環評條例第12條的規定向署長申請新的環境許可證。
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.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下，不再展示。
6.
If this Permit is cancelled or surrendered
during operation or
decommission 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
operate or decommission a designated project listed in Part I of
Schedule 2 of the EIAO without a valid environmental permit.
如果本許可證在工程項目營辦或解除運作期間取消或交回，則在繼續進行工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下營辦或解除運作環評條例附表2第I部所列明的指定工程項目，即屬犯罪。
7.
Any person who operates or decommissions the Project contrary to the conditions in the Permit, and is convicted
of an offence under the EIAO, is liable:
如任何人在違反本許可證的條件下營辦或解除運作工程項目，根據環評條例，即屬犯罪-
(i)
on a first conviction on indictment to a
fine of $2 million and to imprisonment for 6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and to imprisonment for 2 years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii) on a first summary conviction to a fine at level 6 and to imprisonment
for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv) on a second or subsequent summary conviction to a fine of $1 million and
to imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
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