Environmental Permit No. EP-515/2017
環境許可證編號 EP-515/2017
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 Glory Queen 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安 鈞 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-515/2016
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Document in the Register : 登記冊上的文件: |
1.
Proposed Low-rise and Low-density Residential
Development at Various Lots and their Adjoining Government Land in D.D. 104,
East of Kam Pok Road, Mai Po, Yuen Long, N.T. -
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-205/2017) 新界元朗米埔錦壆路以東丈量約份第104約多個地段和鄰近政府土地的低層數和低密度住宅發展項目 -
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-205/2017) |
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Document in the Register : 登記冊上的文件: |
2.
The
Director’s letter of approval of the EIA Report dated 10 January 2017 (Ref.: (28) in Ax (2) to EP2/N6/P/127 Pt.4) 環境保護署長於2017年1月10日發出批准環評報告的信件 (檔案編號 : (28) in Ax(2) to EP2/N6/P/127 Pt.4) 3.
Application
for Environmental Permit submitted by the Permit Holder on 24 June 2016 (Application No.: AEP-515/2016) 許可證持有人於2016年6月24日提交的環境許可證申請 (申請書編號:AEP-515/2016) |
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11 January 2017 |
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Date 日期 |
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( C.F. WONG ) Principal Environmental Protection Officer (Strategic Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(策略評估)黃傳輝代行) |
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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 |
Proposed Low-rise and Low-density Residential
Development at Various Lots and their Adjoining Government Land in D.D. 104,
East of Kam Pok Road, Mai Po, Yuen Long, N.T. (This
designated project is hereinafter referred to as “the Project”) 新界元朗米埔錦壆路以東丈量約份第104約多個地段和鄰近政府土地的低層數和低密度住宅發展項目 (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 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 |
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-205/2017), the application for Environmental Permit
(Application No. AEP-515/2016) 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-205/2017) 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-205/2017) 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-205/2017) 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.
Submission of Detailed Drainage Plan
2.4 The
Permit Holder shall devise a detailed drainage plan to ensure no uncontrolled
surface discharge into the Ngau Tam Mei Drainage
Channel (NTMDC) particularly during the construction stage of the Project, and
to submit the plan to the Director for approval at least one month before
commencement of construction.
Submission of Noise Mitigation Plan
2.5 The
Permit Holder shall prepare a Noise Mitigation Plan for submission to the
Director for approval at least one month before commencement of construction of
the Project.
Submission of Landscape and Visual
Implementation Plan
2.6 The
Permit Holder shall prepare a Landscape and Visual Implementation Plan for
submission to the Director for approval at least one month before commencement
of construction of the Project.
3. Measures
to Mitigate Environmental Impacts during Construction of the Project
Control
of Water Pollution due to Site Runoff
3.1 To
control water pollution due to site runoff, the Permit Holder shall implement
and maintain the construction stage measures recommended in the detailed
drainage plan approved under Condition 2.4.
Measures to Mitigate Noise Impacts
3.2 The
Permit Holder shall implement and maintain the construction stage measures
recommended in the Noise Mitigation Plan approved under Condition 2.5
Measures to Mitigate Ecological Impacts
3.3 The Permit Holder shall implement the following
measures,
(a) the installation of site hoarding
shall not be carried out during peak winter bird season between October and
March
(b) with
reference to Condition 2.5 and Condition 3.2, if noise barriers are installed, they shall
be opaque, non-reflective and with colour scheme to blend in with the
environment.
Measures to Mitigate Visual and
Landscape Impacts
3.4 The
Permit Holder shall implement and maintain the construction stage measures
recommended in the Landscape and Visual Implementation Plan approved under
Condition 2.6.
4. Submissions or Measures to Mitigate Environmental Impacts
during
Operation of the Project
Submission
of Detailed Operation and Emergency Response Plan for the Interim Sewage
Treatment Plant (STP)
4.1 The
Permit Holder shall devise a detailed operation and emergency response plan for
the interim STP to ensure no net increase in pollution load to the Deep Bay,
including ensuring sufficient annual quantity of water extraction from NTMDC for treatment to offset the pollution loads of the
effluent arising from the development, and the emergency arrangements during
possible breakdown of the operation of the interim STP, and to submit the plan
to the Director for approval
at least one month before
commencement of operation of the interim STP.
Sewage Disposal
4.2 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.
4.3 The
Permit Holder shall implement and maintain the operation stage measures
recommended in the detailed operation and emergency response plan approved under Condition 4.1.
Control of Water
Pollution due to Site Runoff
4.4 To control water pollution due
to site runoff, the Permit Holder shall implement and maintain the operation
stage measures recommended in the detailed drainage plan approved under Condition
2.4.
Measures to Mitigate
Noise Impacts
4.5 The Permit Holder shall
implement and maintain the operation stage measures recommended in the Noise
Mitigation Plan approved under Condition 2.5
Measures to Mitigate Ecological Impacts
4.6 With
reference to Condition 2.5 and Condition 4.5, if noise barriers are installed, they shall be opaque, non-reflective and with colour scheme to blend in with the environment.
Measures to Mitigate Visual and
Landscape Impacts
4.7 The Permit Holder shall
implement and maintain the operation stage measures recommended in the
Landscape and Visual Implementation Plan approved under Condition 2.6.
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.
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-515/2017
環境許可證編號EP-515/2017
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