Environmental
Permit No. FEP-03/056/2000/C
環境許可證編號FEP-03/056/2000/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 及 第12條
ENVIRONMENTAL
PERMIT TO OPERATE
A DESIGNATED PROJECT
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 Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the
Ordinance), the Director of Environmental Protection (the Director) grants this
Further Environmental Permit to MTR CORPORATION LIMITED (hereinafter
referred to as the "Permit Holder") to operate the designated
project described in Part B of this Permit subject to the conditions described
in and attached to Part C of this Permit.
根據環境影響評估條例 (條例) 第 10及 第12條的規定，環境保護署署長 (署長) 將本新的環境許可證批予香港鐵路有限公司 (下稱 "許可證持有人" )以營辦B部所說明的指定工程項目，但須遵守本許可證C部所說明或附載的條件。
The issue of this Further Environmental Permit is based on the
documents, approvals and permissions described below:
本新的環境許可證的發出，乃以下表所列文件、批准及許可條件作為根據 –
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Application No. 申請書編號： |
FEP-082/2007 |
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Document in the
Register: 登記冊上的文件： |
Hung Hom to Tsim
Sha Tsui Extension – Environmental Impact Assessment Study (Register No.
AEIAR-033/2000) (4 volumes dated February 2000) [hereinafter
referred to as the “EIA Report”] The
Director’s letter of approval of the EIA Report dated 24 May 2000 ref (9) in
EP2/G/A/98 Pt. 4 東鐵廷伸段：紅磡至尖沙咀段環境評估 (登記冊編號：AEIAR-033/2000)
(4卷 2000 年2月)
[下稱 “環評報告”] 署長已於2000年5月24日 ref (9) in
EP2/G/A/98 Pt.4發出批准該環評報告的信。 Environmental Permit issued – Permit No.:
EP-056/2000 issued on 25 May 2000. 已簽發的環境許可證 - 許可證編號: EP-056/2000於2000年5 月25日簽發。 Application for Variation of an Environmental
Permit No. VEP-022/2000. [Hereafter referred to as “the Application
VEP-022/2000”] 申請更改環境許可證編號VEP-022/2000。 [下稱 “申請書編號VEP-022/2000”] Environmental Permit issued – Permit No.:
VEP-022/2000/A/EP-056 issued on 25 August 2000. 已簽發的環境許可證 - 許可證編號:
VEP-022/2000/A/EP-056於2000年8 月25日簽發。 Application for Variation of an Environmental
Permit No. VEP-152/2004. [Hereafter referred to as “the Application
VEP-152/2004”] 申請更改環境許可證編號VEP-152/2004。 [下稱 “申請書編號VEP-152/2004”] Environmental Permit issued – Permit No.:
EP-056/2000/B issued on 3 September 2004. |
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已簽發的環境許可證 - 許可證編號: EP-056/2000/B於2004年9 月3日簽發。 Application for Variation of an Environmental
Permit No. VEP-179/2005. [Hereafter referred to as “the Application
VEP-179/2005”] 申請更改環境許可證編號VEP-179/2005。 [下稱 “申請書編號VEP-179/2005”] Environmental
Permit issued – Permit No.: EP-056/2000/C issued on 14 July 2005 已簽發的環境許可證 - 許可證編號:
EP-056/2000/C於2005年7 月14日簽發。 Application for Further Environmental Permit No.
FEP-082/2007. [Hereafter referred to as “the Application
FEP-082/2007”] 申請新的環境許可證編號FEP-082/2007。 [下稱 “申請書編號FEP-082/2007”] |
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27
December 2007
Date 日期 |
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(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 行) |
PART
B (DESCRIPTIONS 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 Further Environmental Permit: (hereinafter
referred to as the “Permit”)
下列為本新的環境許可證 (下稱 “許可證” ) A部所提述的指定工程項目的說明:
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Title of
Designated Project 指定工程項目的名稱 |
East Rail Extension – Hung Hom to Tsim Sha Tsui [This designated project is hereinafter referred to as “the Project”] 東鐵支線：紅磡至尖沙咀段 [這指定工程項目下稱 “工程項目” ] |
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Nature of
Designated Project |
Operation of approximately 1.5 km underground railway and its associated station. 運作一條長約1.5公里的地底鐵路及有關的火車站。 |
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Location of
Designated Project 指定工程項目的地點 |
Hung Hom, Tsim Sha Tsui and Ho Man Tin. The location of the project is shown
in Figure 1 attached to this Permit. 紅磡、尖沙咀及何文田。圖1顯示工程的位置。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Operation of approximately 1.5 km underground railway, the East Tsim Sha Tsui Station, the pedestrian subway system linking the East Tsim Sha Tsui Station with the Tsim Sha Tsui Station running under Mody Road, Blenheim Avenue, Signal Hill and Middle Road, and the traction substation at Ho Man Tin. The scope of the project is detailed in section 1.3 of the EIA Report. 運作一條長約1.5 公里的地底鐵路、尖東站、連接尖東站與尖沙咀站並沿麼地道、白蘭軒道、訊號山及中間道的行人隧道、及位於何文田的變壓站。工程範圍在環評報告1.3節詳細說明。 |
1. General
Conditions
1.1 The Permit Holder shall
ensure full compliance with all conditions of this Permit. Any non-compliance may constitute a
contravention of the EIAO and may become subject of appropriate action to be
taken under the Ordinance.
1.2
The Permit Holder shall ensure, from time to time,
full compliance with all legislation in force including but 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.
1.3 The Permit Holder shall
make copies of this Permit together with all documents referred to in this
Permit or the documents referred to in Part A of this Permit readily available
at all times for inspection at the Permit Holder’s office. 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 operate the Project in
accordance with the project description in Part B of this Permit.
1.5
The Permit Holder shall ensure that the Project is
operated in accordance with the information and recommendations described in
the EIA Report (Register No. AEIAR-033/2000); other relevant documents in the
Register; and the information described in this Permit, or mitigation measures
recommended in submissions that deposited with or approved by the Director as a
result of permit conditions contained in the Environmental Permit (No.
EP-056/2000/C) or any subsequent EP amended by the Director under the Ordinance. 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.
2. Special Conditions
Rail Alignment
2.1
The underground alignment shall remain
as constructed in accordance with that described in section 1.3 of the EIA
Report, with the ETS station lying close to the Salisbury Road and completely
clear of the Signal Hill, and with the concourse under the Middle Road
Children’s Playground and Wing On Plaza Garden.
Avoidance of Cutting Signal Hill
2.2 Except
for the tunneled works of the subway, no part of the Signal Hill shall be cut
or excavated throughout the entire operation period.
Measures
to Mitigate Operational Noise Impacts
2.3 All
measures (including the floating slab track) in the approved design drawings for
the mitigation of ground borne noise with explanatory statements as submitted
under Condition 2.18 of the Environmental Permit (No. EP-056/2000/C) or any
subsequent EP amended by the Director under the Ordinance shall remain fully implemented
throughout the operation of this Project.
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 should obtain independent legal advice on the legal implications
under the Ordinance, and that the following notes are for general information
only.
2.
The Permit Holder may apply under section 13 of the
Ordinance to the Director for a variation of the conditions of this
Permit. The Permit Holder shall
replace the original Permit displayed by the amended Permit.
3.
A person who assumes the responsibility for the
whole or a part of the designated project may, before he assumes responsibility
of the designated project, apply under section 12 of the Ordinance to the
Director for a further environmental permit.
4.
Under section 14 of the Ordinance, the Director may,
with the consent of the Secretary for the Environment suspend, vary or cancel
this Permit.
5.
If this Permit is cancelled or surrendered during
the operation of the Project, another environmental permit must be obtained
under the Ordinance before the Project could be continued. It is an offence under section 26(1) of
the Ordinance to operate a designated project listed in Part I of schedule 2 of
the Ordinance without a valid environmental permit.
6.
Any person who operates the Project contrary to the
conditions in the Permit, and is convicted of an offence under the Ordinance,
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.
7. The Permit Holder
may appeal against any condition of this Permit under section 17 of the
Ordinance within 30 days of receipt of this Permit.
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