Environmental Permit No. EP-510/2016
環境許可證編號: EP-510/2016
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 (EIAO), the Director of
Environmental Protection (the Director) grants this environmental permit
to the Civil Engineering and Development Department (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土木工程拓展署(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-510/2016
|
|
|
Document in the Register: 登記冊上的文件： |
(1) (2) (3) |
Police Facilities in
Kong Nga Po (Register No. AEIAR-201/2016) -Environmental Impact
Assessment Report [Hereinafter
referred to as the “EIA Report”] -EIA Executive Summary [Hereinafter
referred to as the “EIA Executive Summary”] -Environmental Monitoring and
Audit Manual [Hereinafter
referred to as the “EM&A Manual”] 缸瓦甫警察設施 (登記冊檔號: AEIAR-201/2016) -環境影響評估報告 [下稱「環評報告」] -環境影響評估報告行政摘要 [下稱「環評行政摘要」] -環境監察及審核手冊 [下稱 「環監手冊」] The Director’s letter of approval of the EIA Report dated 20 October 2016 (Reference:
(78)
in EP2/N7/B/82) 署長於2016年10月20日發出批准環評報告的信件 (檔案編號：(78) in EP2/N7/B/82) Application for environmental permit submitted
by the Permit Holder on 30 May
2016
(Application No. AEP-510/2016) 許可證持有人於2016年5月30日提交的環境許可證申請
(申請書編號:AEP-
510/2016) |
1 November 2016
2016年11月1日
|
Date 日期 |
|
(C.
F. 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傳輝代行) |
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 |
Police Facilities in
Kong Nga Po [This
designated project is hereinafter referred to as “the Project”] 缸瓦甫警察設施 [本指定工程項目下稱「工程項目」] |
|
Nature of Designated Project |
(i)
A helipad within 300m of
existing or planned residential development; and 在現有的或計劃中的住宅發展300米內的直升機升降場；以及 (ii)
An open firing range. 露天射擊場。 |
|
Location
of Designated Project 指定工程項目的地點 |
The location
of the Project is shown in Figure 1 of
this Permit. 工程項目的地點見本許可證圖1。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project mainly includes: 1.
Construction and operation of various
police facilities including: (i)
a helipad; (ii) two firing ranges; and (iii) other
facilities, associated infrastructure & utilities, etc. 2.
Improvement works to a section of the
existing Kong Nga Po Road between Man Kam To Road
and the Project site. 工程項目主要包括以下各項： 1.
建造及營辦各項警察設施，包括： (i)
一個直升機坪； (ii) 兩個練靶場；以及 (iii) 其他設施，附屬基礎建設和公用設施等。 2.
一段介乎文錦渡路至工程項目地點的缸瓦甫路的改善工程。 |
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 (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) and Waste Disposal Ordinance
(Cap. 354). 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 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 in the Permit. The site(s) refers to site(s) of construction and operation
of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display
conspicuously a copy of this Permit on the Project site(s) at all site
entrances/exits or at a convenient location for public’s information at all
times. The Permit Holder shall ensure that the most updated information about
the Permit, including any amended Permit, is displayed at such locations.
If the Permit Holder surrenders a part or the whole of the Permit, the notice
he sends to the Director shall also be displayed at the same locations as the
original Permit. The suspended, varied or cancelled Permit shall be
removed from display at the Project site(s).
1.6 The Permit Holder shall
construct and operate the Project in accordance with the project description in
Part B of this Permit.
1.7 The Permit
Holder shall ensure that the Project is designed, constructed and operated in
accordance with the information and recommendations described in the approved EIA
Report (Register No. AEIAR-201/2016), the
application documents for Environmental Permit (Application No. AEP-510/2016), 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 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 2.6 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 Director shall be notified in writing
the commencement dates of construction and operation of the Project no later
than one month prior to the respective commencement of construction and
operation of the Project. The Director shall be notified in writing immediately
if there is any change of the commencement dates of the construction and
operation.
1.13 For the purpose of this Permit,
“commencement of construction” does not include works related to site investigation, clearance and preparation, or other works as agreed by the
Director.
2 SPECIFIC CONDITIONS
特定條件
Submissions
and/or Measures before Commencement of Construction of the Project
Employment
of Environmental Team (ET)
2.1
A single full time
on-site ET, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than 3 months
before the commencement of construction of the Project. The ET shall be directly supervised by the Engineer’s Representative of the
Permit Holder (ER) and shall not be in any way an associated body of the
Contractor or the IEC for the Project. The Permit Holder shall provide a site office to the ET for use. The ET shall be headed by a full time on-site 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.
2.2
The ET and the ET Leader shall be responsible for:
(i)
implementing the EM&A programme in accordance with the
EM&A requirements as contained in the EM&A Manual of the Project as mentioned in
Condition 3.1 below;
(ii)
certifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions required in the EM&A Manual and under this Permit;
(iii)
carrying out site
inspections to audit the Contractor’s site practice and work methodologies with
respect to environmental mitigation measures contained in the EM&A Manual
of the Project and to take pro-active actions to pre-empt environmental
problems;
(iv)
notifying the IEC
within one working day of the occurrence of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the approved EIA Report
(Register No. AEIAR-201/2016) and this Permit; and
(v)
keeping a contemporaneous log-book of any such instance or circumstance or change of
circumstances. The 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 (Register No. AEIAR-201/2016) and this Permit or by the Director or his
authorized officers.
2.3
Failure to maintain records in the log-book, or failure
to discharge the duties of the ET Leader as defined in the EM&A Manual and Condition 2.2 above 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 such replacement,
or further failure to comply with this Condition despite the employment of a
new ET Leader may
render the Permit liable to suspension, cancellation or variation.
Employment
of Qualified Ecologist(s)
2.4
The Permit Holder shall, no
later than 3 months before the commencement of the construction of the Project,
appoint Qualified Ecologist(s) to form part of the ET to carry out work relating
to ecological aspects including but not limited to a detailed vegetation
survey, a baseline survey for Golden-headed Cisticola and submissions for the
Project as required under Conditions 2.13 to 2.15 respectively, and the
planting of larval food plants of butterfly species of conservation interest
under Condition 2.21. Each Qualified Ecologist shall be a
person who has at least 5 years of relevant experience. The qualification and experience of the
Qualified Ecologist(s) shall be certified by the ET Leader and verified by the
IEC.
Employment
of Registered Landscape Architect
2.5
The Permit Holder shall, no later than 1 month
before the commencement of the construction of the Project, appoint a
Registered Landscape Architect to form part of the ET to carry out work relating
to landscape aspects including but not limited to auditing mitigation measures
to ensure compliance with the recommendations of the approved EIA Report
(Register No. AEIAR-201/2016) and to certify submissions for the Project as
required under Conditions 2.18 and 2.19. The qualification and experience of
the Registered Landscape Architect shall be certified by the ET Leader and
verified by the IEC.
Employment
of IEC
2.6
A single full time
on-site IEC with a supporting team,
unless otherwise approved by the Director, shall
be employed by the Permit Holder no later
than 3 months before the commencement of construction of the Project. The IEC and his team shall
not be in any way an associated body of the ER, the Contractor or the ET for
the Project. The IEC shall be approved
by the Director before appointment by the Permit Holder. The Permit Holder
shall provide a site office to the IEC and his supporting team for use. The IEC shall be a person
who has at least 7 years of experience in EM&A or environmental management.
2.7
The IEC shall report directly to the Director and shall
submit to the Director for approval, no later than 1 month before the commencement
of the construction of the Project, a proposal on the reporting mechanism covering
the approaches for the IEC and the supporting team to report to the Director on:
(i) how to discharge all the IEC duties specified under the EM&A programme and this Permit, taking into account the construction activities and programme of the Project and Conditions 2.1 to 2.5 above;
(ii) how to handle each and every change of circumstances, emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling) or non-compliance (including suspects of non-compliance) with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-201/2016), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project; and
(iii)
how to keep proper records in order to respond
to questions and enquires from the Director on the EM&A programme and
duties discharged by the IEC.
2.8
The
IEC shall be responsible for duties defined in the EM&A
Manual and this Permit, including
but not limited to the following:
(i) to audit the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site;
(ii) to verify the environmental acceptability of permanent and temporary works, relevant design plans and submissions required in the EM&A Manual and under this Permit;
(iii) to verify the log-book(s) mentioned in Condition 2.2(v);
(iv) to notify the Director by fax or email, within one working day of receipt of notification from the ET Leader, or identification by the IEC and his team, of each and every change of circumstances and emergency events mentioned in Condition 2.7(ii). Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition;
(v) to accompany the Director in carrying out site inspections and attending meetings when requested;
(vi) to offer objective and professional advice on environmental issues, when requested, and to respond to questions and enquires from the Director on the EM&A programme and duties discharged by the IEC, with the support of relevant information, documents and records as appropriate; and
(vii)
to
allocate adequate resources, including any necessary specialist support having regard to the specialists in the ET under Conditions 2.4 to 2.5, for discharging the duties required in this
Permit and the EM&A Manual.
2.9
If the
Director considers the IEC fails to discharge the
duties of the IEC as defined in the EM&A Manual or in
this Permit, 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 of the IEC to discharge his duties despite
employment of a new IEC may render the Permit liable to suspension,
cancellation or variation.
Community
Liaison Hotline
2.10
A telephone hotline shall be set up prior to the
commencement of construction and shall be operated during the construction of
the Project to handle complaints, comments, suggestions or requests for
information from the public. The Permit Holder shall notify the Director the
date of setting up the hotline and the contact details of the hotline at least
2 weeks before the commencement of construction of the Project. The contact
details of the hotline shall be made available to the public via the dedicated
website to be set up by the Permit Holder as described in Condition 4.2 of this
Permit.
Submission of Management Organizations
2.11
The Permit Holder shall, no later than 1 month before the commencement of construction of the
Project, inform the Director in writing with the following
information which shall include at least an
organization chart, names of responsible persons and their contact details:
(i)
the management organization of the main construction companies and/or any form of joint
ventures associated with the construction of the Project;
(ii)
the management organization of
the ET; and
(iii)
the management
organization of the IEC and his supporting team.
Submission of Construction Works Schedule and Location Plans
2.12 The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, deposit 4 hard copies and 1 electronic copy of a Works Plan with the Director. The plan shall include at least the following information/specifications:
(i) a detailed phasing programme of all construction works including site formation, foundation works, construction of general building and structure and improvement works to existing Kong Nga Po Road of the Project; and
(ii) location plan of all construction works in an appropriate scale as agreed by the Director.
Submission of Detailed Vegetation Survey Report
2.13
To reduce the impact
on flora species of conservation interest due to construction of the Project,
including Cycad-fern (Brainea insignis),
Fortune’s Keteleeria (Keteleeria fortunei)
and Ladies Tresses (Spiranthes sinensis)
and any other flora species of conservation interest identified during the
detailed vegetation survey, the Permit Holder shall:
(i)
no later than 3 months before start of site
clearance, submit 4 hard copies and 1 electronic copy
of a Detailed Vegetation Survey Report showing the methodology as well as
survey results, including the updated conditions, number and locations of the
individuals of flora species of conservation interest identified within the
works boundary, including Kong Nga Po Road, confirming whether any individuals
of these species would be directly affected by the proposed works, recommending
protective measures for identified individuals of each species where in situ
preservation is feasible, and assessing the suitability and / or practicality
of the transplantation of those individuals to be directly affected to the
Director for approval; and
(ii)
no later than 1
month before commencement of plant transplantation, submit 4 hard copies and 1
electronic copy of a Transplantation Proposal showing methodology of
transplantation for each species, plans with proposed recipient locations,
post-transplantation maintenance schedule for each species and detailed
implementation programme to the Director for approval;
2.14
The Detailed Vegetation Survey Report and the
Transplantation Proposal shall be prepared by the Qualified Ecologist(s) appointed under
Condition 2.4 and shall be certified by the ET Leader and verified by the IEC
as conforming to the information and recommendations contained in the EIA
Report (Register No. AEIAR-201/2016). All recommended measures as set out in
the deposited Detailed Vegetation Survey Report and the Transplantation
Proposal shall be fully and properly implemented.
Submission of Baseline Survey Report for Golden-headed Cisticola
2.15 The Permit Holder shall conduct a baseline survey for Golden-headed Cisticola covering the remote grasslands in the ecological assessment area, i.e. within a distance of 500 metres from the boundary of the Project site. The Permit Holder shall no later than 1 month before start of site clearance, submit 4 hard copies and 1 electronic copy of a report on the survey results to the Director for approval. The survey report shall propose appropriate measures to be adopted to reduce the impacts, if necessary.
Submission of Revised Layout Plan of Kong Nga Po Road
2.16
The Permit Holder shall minimize ecological
disturbances in the road improvement works along Kong Nga Po (KNP) Road, with a
view to preserving individuals of Keteleeria
fortunei (油杉) and other
species of conservation interest. To this end, use of passing bays or traffic
control measures at suitable locations in lieu of road widening should be
explored and adopted where appropriate. The Permit Holder shall no later than 1
month before the commencement of the construction works for KNP Road submit 4
hard copies and 1 electronic copy of a revised layout plan of KNP Road in the
scale of at least 1:1000, or other appropriate scale as agreed by the Director,
to the Director for approval. The plan shall be submitted with an explanatory
statement detailing the works boundaries, the works areas, vertical and
horizontal alignments of the roads and other nearby major buildings, structures
and facilities; and the locations of individuals of Keteleeria fortunei (油杉) and
other species of conservation interest.
Submission of Layout Plan for Permeable Pavings
2.17
The Permit Holder shall use
permeable pavings to minimize surface runoff and to retain stormwater for
landscaping and irrigation purposes in the Project site as far as practicable.
The Permit Holder shall no later than 1 month before the commencement of the
construction works of the Project, submit 4 hard
copies and 1 electronic copy of the layout plan for permeable pavings to the
Director for approval. The plans shall be in the scale of 1:1000, or other
appropriate scale as agreed by the Director, and shall include details of the
paving materials and justifications with supporting evidence for any area using
non-permeable pavings.
Submission
of Landscape and Visual Mitigation Plan(s)
2.18
The Permit Holder shall no later than 1 month before the
commencement of construction of relevant part(s) of the Project, submit 4 hard
copies and 1 electronic copy of a Landscape and Visual Mitigation Plan(s), which
shall be certified by the Registered Landscape Architect appointed under
Condition 2.5, and shall be certified by the ET Leader and verified by the IEC
as conforming to the information and recommendations contained in the EIA
Report (Register No. AEIAR-201/2016) to the Director for approval.
2.19
The
Landscape and Visual Mitigation Plan(s) shall include the locations, size,
number and species of planting, design details, implementation programme,
maintenance and management schedules of the landscape and visual mitigation
measures recommended in the EIA Report (Register No. AEIAR-201/2016) and
drawings in the scale of 1:1000, or other appropriate scale as agreed by the
Director, showing the landscape and visual mitigation measures of the Project. The
plan shall include details of the compensatory planting proposal for trees
affected by the Project. The plan shall also specify details of the plant
species as larval food plants of butterflies as required under Condition 2.21
below.
Submission of Plan for Perimeter
Walls/ Boundary Walls at Project Site and Side Walls of Firing Ranges
2.20 To reduce operational noise impact from firing ranges, the Permit Holder shall no later than 1 month before the commencement of construction of relevant part(s) of the Project, submit 4 hard copies and 1 electronic copy of a plan for the design of perimeter wall/ boundary wall at the Project site and side walls at reprovisioned Ma Tso Lung Firing Range (see Figure 1) to the Director for Approval. The plan shall include but not limited to the design, locations, height and materials of the perimeter wall/ boundary wall at the Project site and side walls at reprovisioned Ma Tso Lung Firing Range and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-201/2016).
Submissions
and/ or Measures to be Implemented before Commencement
of Operation of the Project
Measures to
Mitigate Ecological Impacts on Butterfly Species of Conservation Interest
2.21 To minimize impact on butterfly species of conservation interest, the re-establishment of the new grassland areas in the Project site shall be enhanced, through planting of appropriate plant species which are the larval food plants of butterfly species of conservation interest such as Small Three-Ring, in order to benefit these species.
Measures to Mitigate Noise Impacts during Operation of Helipad
2.22
To reduce noise impacts during operation of the helipad,
the following mitigation measures shall be implemented:
(i)
The police training activities involving
any helicopter operation shall be restricted to 7am to 7pm; and
(ii)
the Permit Holder shall not allow more than 2 helicopters to operate at the
helipad at the same time. When 1 helicopter is hovering, approaching or
taking-off from the helipad, the other helicopter operating at the same time is
only allowed to idle on the helipad.
Submission of Helicopter Flight Plan
2.23
The Permit Holder shall no later than 1 month before the commencement of
operation of the Helipad submit to the Director for approval 4 hard copies and
1 electronic copy of a flight plan showing the flight
paths and approach & take-off angles for the helicopter. The plan shall include at
least the following information:
(i)
A detailed flight profile;
(ii)
Figures showing the restricted
ranges of approach/ taking-off flight paths and angles
(iii)
A detailed implementation programme
for the proposed flight profile.
The plan shall be certified by
the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report (Register No. AEIAR-201/2016) and shall be fully and properly implemented.
3
ENVIRONMENTAL MONITORING
AND AUDIT REQUIREMENTS
環境監察及審核規定
3.1 The
Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements
as set out in the EM&A Manual. Any changes to the programme shall be justified by the ET
Leader and verified by the IEC as conforming to the information and
requirements contained in the EM&A Manual before submission to the Director for
approval.
3.2 The Permit Holder shall take samples, measurements and necessary remedial actions in accordance with the
requirements of the EM&A Manual by:
(i)
conducting
baseline environmental monitoring;
(ii)
conducting
impact monitoring;
(iii)
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; and
(iv)
logging and keeping records of the details of (i) to (iii)
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.
3.4 The Permit Holder shall submit 4 hard
copies and 1 electronic copy of relevant
Baseline
Monitoring Reports to the
Director at least 1 month before the commencement of construction of the
Project. The submissions shall be certified by the ET Leader and verified
by the IEC as having complied with the requirements as set out in the EM&A Manual before
submission to the Director. Additional copies of the Baseline Monitoring
Reports shall be provided upon request
by the Director.
3.5 The Permit
Holder shall submit 4 hard
copies and 1 electronic copy of Monthly EM&A Reports for the construction
stage of the Project to the Director, within 2 weeks after the end of the
reporting month. The monthly EM&A Reports shall include an executive summary of all environmental audit
results, together with actions taken in the event of non-compliance (exceedances) of the environmental
quality performance limits (Action and Limit Levels), complaints received
and emergency events relating to violation
of environmental legislation (such as illegal dumping and landfilling). The submissions shall be
certified by the ET Leader and verified by the IEC as having complied with the
requirements as set out in the EM&A Manual before submission to the Director.
Additional copies of the Monthly EM&A Reports shall be provided upon
request by the Director.
3.6 All
environmental
monitoring and audit data submitted under this Permit shall be true, valid and
correct.
3.7 To ensure a high degree of transparency regarding the monitoring data
and results in view of the public concern about the Project, all environmental
monitoring and audit data and results and all submissions and all performance
test data and results required by this Permit shall be made available by the
Permit Holder to the public through a dedicated website to be set up by the
Permit Holder under Condition 4.2 below, in the shortest practicable time and
in any event no later than 2 weeks after such information is available, unless
otherwise agreed by the Director.
4. ELECTRONIC REPORTING OF EM&A INFORMATION
環監資料的電子匯報
4.1 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 3.4 and 3.5 above. 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, JPEG or PDF 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, at least 2 weeks before the commencement of construction of
the Project, set up a dedicated Internet website 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 4.1 above shall be made available to the public via the
abovementioned dedicated Internet website as mentioned in Condition
3.7. All finalized submissions
and plans shall be made available to the public via the dedicated Internet
website 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. The Permit Holder shall maintain the
dedicated website for public access of the environmental monitoring data and
reports throughout the entire construction period and until 6 months after the
last EM&A report is uploaded, 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 environmental monitoring data and project information including
the Project Profile and this Permit. The Internet website shall have
features capable of:
(i)
providing access to all environmental monitoring data of
this Project collected since
the commencement of construction;
(ii)
searching by date;
(iii) searching by types of
monitoring data; and
(iv)
hyperlinking 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) 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.
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 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.
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環境許可證的條件。許可證持有人須將經修改的許可證替換在建造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 Project
may, before he assumes responsibility of the Project, 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、更改或取消環境許可證。遭暫時吊銷、更改或取消的環境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 the 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 1 and 2 of
Schedule 2 of the EIAO without a valid environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續營辦工程項目之前，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建造或營辦環評條例附表2第1及2部所列明的指定工程項目，即屬犯罪。
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:
如任何人在違反本許可證的條件下建造或營辦工程項目，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持續性質，則法院或裁判官可就其信納該罪行持續的每天另處罰款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。
Environmental Permit No. EP-510/2016
環境許可證編號:EP-510/2016
| Figure 1 |
[ Back to First Page ] / [
Back to Main Index ]