Environmental Permit No. EP-578/2020
環境許可證編號EP-578/2020
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 Drainage Services 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渠務署 (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。本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據﹕
Application
No. 申請書編號 |
AEP-578/2020 |
Document in the Register: 登記冊上的文件: |
(1)
Improvement of Yuen Long Town Nullah (Town
Centre Section) (Register
No. AEIAR-223/2020) : -
Environmental Impact Assessment (EIA) Report [Hereafter referred to as “the EIA Report”] -
Environmental Monitoring and Audit (EM&A) Manual [Hereafter
referred to as “the EM&A Manual”] -
Executive Summary 元朗市明渠改善工程(市區中心段) (登記冊編號:AEIAR-223/2020): -
環境影響評估報告 [下稱“環評報告”] -
環境監察及審核手冊 [下稱“環監手冊”] -
行政摘要 (2) The Director’s letter of approval of the EIA Report dated 31 July 2020
(Reference : Ax(1) to EP2/N6/F/155) 署長於2020年7月31 日發出批准環評報告的信件 (檔案編號:Ax(1) to EP2/N6/F/155) (3) Application
for Environmental Permit submitted on 20 August 2020 (Application No. AEP-578/2020) 於2020年8月20日 提交的環境許可證申請文件 (申請書編號: AEP-578/2020) |
17 September 2020
2020年9月 17日
Date 日期 |
|
(LAU Chi Fai, Stanley) Acting Principal
Environmental Protection Officer for Director
of Environmental Protection 環境保護署署長 (署理首席環境保護主任 劉志輝 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 |
Improvement of Yuen Long Town Nullah (Town Centre Section) [This designated project is hereafter referred to as “the Project”] 元朗市明渠改善工程 (市區中心段) [本指定工程項目下稱 “工程項目”] |
Nature of Designated Project |
(1) Construction of a dry weather flow pumping station with an installed
capacity of more than 2,000 m3 per day and a boundary which is
less than 150 m from existing residential areas. (2) Construction of dry
weather flow interceptors which discharge into an area which is less than
300m from the nearest boundary of sites of special scientific interest and
conservation area. (1) 建造一個旱季污水泵水站,而其裝置的泵水能力超過每天2,000立方米,且其一條界線距離一個現有的住宅區的最近界線少於150米。 (2) 建造旱季截流裝置,而該工程排水入一個地區,該地區距離現有的具有特別科學價值的地點及自然保育區的最近界線少於300 米。 |
Location of Designated
Project 指定工程項目的地點 |
The Project is located at Yuen Long Town Nullah (Town
Centre Section). The location of the Project is shown in Figure 1 of this Permit 工程項目位於元朗市明渠(市區中心段)。工程項目的位置載於本許可證圖1。 |
Scale and Scope of
Designated Project 指定工程項目的規模和範圍 |
The Project includes: -
Construction of dry weather flow
interceptors along and within the Yuen Long Town Nullah; -
Construction of continuous u-channels
adjacent to either side of the retaining walls; -
Construction of a dry weather flow pumping station with capacity of
18,000 m3/day; and -
Laying twin rising mains of approximately
400m long to convey the intercepted dry weather flow to the Yuen Long
Effluent Polishing Plant (upgraded from the existing Yuen Long Sewage
Treatment Works). 工程項目包括: -
沿元朗市明渠內建造旱季污水截流系統; -
於元朗市明渠兩側的擋土牆附近興建U 形截流管道; -
建造一個每日18,000
立方米處理能力的旱季污水泵房;以及 -
鋪設兩條約400 米長的壓力管道,將截獲的旱季流輸送到元朗淨水設施(將由現有的元朗污水處理廠升級而成)。 |
GENERAL
CONDITIONS
1.1 The Permit
Holder and any person constructing or operating 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 and any person constructing or operating the
Project 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), Dumping at Sea Ordinance
(Cap. 466) 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 this Permit readily available at all
times for inspection by the Director or his authorised officers at all sites
covered by this Permit. Any reference to this Permit shall include all
documents referred to in this 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 this 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 this Permit, including any amended Permit, is
displayed at such locations. If the Permit Holder surrenders a part or
the whole of this 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 and any person constructing or operating the Project shall construct and
operate the Project in accordance with the project description in Part B of this Permit.
1.7 The Permit
Holder and any person constructing or operating the Project 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-223/2020); the application documents for
environmental permits;
other relevant document 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 in this Permit or otherwise agreed by the Director.
1.8 All 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 EIAO
(Cap. 499). All submissions or any variation of submissions
shall be certified by the Environmental Team (ET) Leader and verified by the
Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2
below before submitting to the Director under this Permit.
1.10 The Permit Holder shall release all
finalised submissions as required under this Permit to the public by depositing
copies in the Environmental Impact Assessment Ordinance Register Office, or in
any other places, or any internet websites as specified by the Director, or by
any means as specified by the Director, for public inspection. For this
purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 The Permit Holder shall submit and / or deposit all
submissions within the time as specified in the Conditions of this Permit. All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy
Road, Wanchai, Hong Kong). Electronic copies of all
finalised submissions required under this Permit shall be prepared in Hyper
Text Markup Language (HTML) (version 4.0 or later)
and in Portable Document Format (PDF version 1.3 or later), unless otherwise
agreed by the Director and shall be submitted at the same time as the hard
copies.
1.12 The Permit Holder shall
notify the Director in writing the commencement date of construction of the
Project no later than 2 months prior to the commencement
of construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
1.13 For the purpose of this
Permit, “commencement of construction” does not include works related to site
clearance and preparation, or other works as agreed by the Director.
SPECIFIC
CONDITIONS
2.
Employment
or Submissions before Construction of the Project
Employment of Environmental Team (ET)
2.1
An ET shall be established by the Permit Holder no
later than 3 months before the commencement of construction of the
Project. The ET shall not be in any way an associated body of the
Contractor or the Independent Environmental Checker (IEC) for the
Project. The ET shall be headed by an ET Leader and supported by relevant
specialists including Registered Landscape Architect who forms part of the ET
to carry out works relating to landscape aspects including but not limited to
auditing the mitigation measures to ensure compliance with the recommendations
of the approved EIA Report (Register No. AEIAR-223/2020) and to certify
submissions for the Project as required under Condition 2.6. 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-223/2020) 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-223/2020) 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 this Permit liable to suspension,
cancellation or variation.
Employment of Independent Environmental Checker (IEC)
2.2
An Independent Environmental Checker (IEC) shall
be employed by the Permit Holder no later than 3 months before the 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 change of circumstances or non-compliance
with the recommendations of the EIA Report (Register No.: AEIAR-223/2020) and
this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project.
In case 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.
Submission of Environmental Permit (EP) Submission Schedule
2.3
The Permit Holder shall,
no later than 1 month before the commencement of construction of the Project,
submit the EP Submission Schedule for fulfilling the submission requirements as
contained in this Permit and shall report the progress in fulfilling the
submission requirements in the monthly Environmental Monitoring and Audit
(EM&A) reports submitted under Condition 6.4 of this Permit. The
Permit Holder shall inform the Director no later than 2 weeks before the
scheduled submission date of the EP submission in writing in case of any
subsequent change(s) to the submitted EP Submission Schedule. The EP
Submission Schedule or any subsequent change(s) to the EP Submission Schedule
shall be certified by the ET Leader and verified by the IEC before submitting
to the Director under this Permit.
Submission of Management Organisation
2.4
The Permit Holder shall,
no later than 1 month before the commencement of construction of the Project,
inform the Director in writing the management organisation
of the main construction companies and / or any form of joint ventures
appointed for the Project. The information shall include at least an organisation chart, names of responsible persons and their
contact details.
Submission of Updated Environmental
Monitoring and Audit (EM&A) Manual
2.5
The Permit Holder shall update the EM&A Manual
to include the latest EM&A requirements in accordance with the information
and recommendations described in the EIA Report (Register No. AEIAR-223/2020) and by taking into account any specific site
conditions that may be changed before construction of the Project. The Permit
Holder shall, no later than 2 months before the commencement of construction of
the Project, submit 4 hard copies and 1 electronic copy of an updated EM&A
Manual to the Director for approval. The updated EM&A Manual shall include but not limited to:
(i)
a water
quality monitoring plan (WQMP) to detect potential adverse water quality
impacts at the Project and downstream area directly affected by the construction
of the Project. With reference to
the excavation works in the nullah as mentioned in Condition 3.1 of this Permit,
the WQMP shall include details of the monitoring locations, monitoring frequency,
parameters to be monitored, and additional measures to be taken in the event of
heavy rainfall during dry season to ensure that the water quality is not
adversely affected; and
(ii)
an Event/Action
Plan for water quality monitoring.
The updated EM&A Manual shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations of the EIA
Report (Register No. AEIAR-223/2020), and taking into account any specific
requirements with respect to the latest site conditions of the Project. All
measures recommended in the updated EM&A Manual approved under this
Condition shall be fully and properly implemented in accordance with the
requirements and time schedule(s) set out in the updated EM&A Manual. The
EM&A Manual approved under this Condition shall hereinafter be referred to
as the “updated EM&A Manual”.
Submission
of Landscape and Visual Mitigation Plan
2.6 The Permit Holder
shall, no later than 1 month before the commencement of construction of the
Project or otherwise approved by the Director, deposit with the Director 4 hard
copies and 1 electronic copy of a Landscape and Visual Mitigation Plan
(LVMP). The LVMP shall include
design details, recommendations of landscape and visual mitigation measures,
implementation programme, maintenance and management schedules, and drawings in
the scale of 1:1,000 or other appropriate scale, as agreed with the Director,
of the landscape and visual mitigation measures. The LVMP shall include an implementation
schedule in table form to clearly list out the mitigation measures to be
implemented, and the implementation party, location, timing and environmental
performance required for implementation of the mitigation measures. If there are any change(s) to the
landscape and visual mitigation measures in the approved LVMP, the Permit
Holder shall, no later than 1 month before the implementation of such
change(s), submit 4 hard copies and 1 electronic copy of the Updated LVMP with
clear indication of the proposed change(s). Before submission to the Director,
the LVMP or any Updated LVMP shall be certified by the Registered Landscape
Architect employed under Condition 2.1 and the ET Leader, and verified by the
IEC as conforming to the relevant information and recommendations on landscape
and visual mitigation measures contained in the approved EIA report (Register
No. AEIAR-223/2020), or otherwise approved by the Director. All landscape and
visual mitigation measures recommended in the LVMP or any Updated LVMP shall be
fully implemented. The Permit Holder shall make available additional copies of
the LVMP or any Updated LVMP to the Director upon request.
3.
Measures
during Construction of the Project
Measures
to Mitigate Water Quality Impacts
3.1
Excavation works in the nullah shall only be
carried out during dry season, i.e.
from November to March of the next year, unless otherwise agreed by the
Director.
Measures
to Mitigate Ecological Impacts
3.2
To minimize disturbance to wetland habitats within
Wetland Buffer Area and Wetland Conservation Area as well as associated
overwintering waterbirds and wetland-dependent
species, the construction works for the rising
main shall only be carried out outside dry season, i.e. from November to March
of the next year, unless otherwise agreed by the Director.
4.
Submissions
before Commencement of Operation of the Project
Submission of Operation Phase
Emergency Response Plan(s)
4.1
The Permit Holder shall, no later than one month
before the commencement of operation of the Project, submit an Operation Phase
Emergency Response Plan for approval by the Director. The Emergency Response
Plan shall include details on the emergency arrangement in case of breakdown of
the dry weather flow interception system.
5.
Measures to be Implemented during Operation
of the Project
Measures to Mitigate Odour Impact
5.1
To minimize odour impact during operation
of the Project, the following mitigation measures shall be implemented:
(i)
the dry weather flow pumping
station shall be enclosed inside building structure and maintained with
negative pressure; and
(ii)
the dry weather
flow
pumping station shall be equipped with deodorization unit using activated
carbon or other equivalent odour removal techniques with an odour removal
efficiency of at least 99.5%. The deodorization unit shall be properly and
regularly maintained to ensure its effectiveness.
6.
Environmental Monitoring and Audit (EM&A) Requirements
6.1
The Permit Holder shall
implement the EM&A programme in accordance with the procedures and requirements
as set out in the updated EM&A Manual under Condition 2.5 of this Permit.
Any changes to the EM&A
requirements or programme or termination of the programme
shall be justified by the ET Leader and verified by the IEC as conforming to
the information and requirements contained in the updated EM&A Manual
before submission to the Director for approval.
6.2
The Permit Holder shall
take samples, measurements and necessary remedial actions in accordance with
the requirements of the updated 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 updated 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 updated 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.
6.3
The Permit Holder shall
submit 1 hard copy and 1 electronic copy of Baseline Monitoring Report(s) to the Director at least 2 weeks before the commencement of
construction of the Project. The submission(s) shall be certified by the
ET Leader and verified by the IEC as having complied with the requirements as
set out in the updated EM&A Manual before submission to the Director.
Additional copies of the Baseline Monitoring Report(s) shall be provided upon request by the Director.
6.4
The Permit Holder shall submit 1 hard copy and 1 electronic copy of Monthly EM&A Reports to
the Director, within 10 working days 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. 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 updated EM&A Manual
before submission to the Director. Additional copies of the Monthly
EM&A Reports shall be provided upon request by the Director.
6.5
All environmental
monitoring and audit data submitted under this Permit shall be true, valid and
correct.
6.6
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 7.2 below, in the
shortest practicable time and in no event later than 10 working days after such
information is available.
7.
Electronic Reporting of EM&A Information
7.1 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 6.3 and 6.4 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.
7.2 The Permit
Holder shall, within 4 weeks after 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 7.1 above shall be made available to the public via the
abovementioned dedicated Internet website 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 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 2 months after the last EM&A report is uploaded, or
otherwise as agreed by the Director.
7.3 The Internet
website as described in Condition 7.2 above shall enable user-friendly public
access to the environmental monitoring data and project information including
the Project Profile, EIA Report and Environmental Permit(s). 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 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 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環境許可證的條件。許可證持有人須以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 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,署長可在取得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 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.
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建造或營辦環評條例附表2第1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
this 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.
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)
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)
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)
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)
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;以及
(v)
在任何情況下如該罪行屬持續性質,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-578/2020
環境許可證編號 EP-578/2020
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