Environmental Permit No. FEP-02/040/1999/E
環境許可證編號 FEP-02/040/1999/E
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
Sections 10&12
環境影響評估條例
(第 499章 )
第 10及第 12條
FURTHER ENVIRONMENTAL PERMIT TO OPERATE A DESIGNATED PROJECT
營辦指定工程項目的新的環境許可證
PART A (MAIN
PERMIT)
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 Highways Department (hereinafter referred to as the
"Permit Holder") to operate the designated project described in Part B of this permit subject to the
conditions specified in Part C of this Permit.
根據環境影響評估(條例 )第 10與 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 路政署 (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C 部 所說明的條件。
This Environmental Permit is based on the documents, approvals and applications described below:-
本環境許可證乃根據下文件、批准及申請而簽發：-
|
Application No. 申請書編號 |
FEP-090/2008 |
|
Document in
the Register : |
Engineering Feasibility Study for Infrastructural Works
for the Proposed Development at
Application
for Variation of Environmental Permit No. VEP-058/2001 [Hereafter referred to
as "the Application VEP-058/2001"] Application
for Variation of Environmental Permit No. VEP-110/2003 [Hereafter referred to
as “the Application VEP-110/2003”] 申請更改環境許可證編號VEP-110/2003:[下稱"申請表編號VEP-110/2003"] Application
for Variation of Environmental Permit No. VEP-270/2008 [Hereafter referred to
as “the Application VEP-270/2008”] 申請更改環境許可證編號VEP-270/2008:[下稱"申請表編號VEP-270/2008"] Application
for Further Environmental Permit No. FEP-090/2008 [Hereafter referred to as
“the Application FEP-090/2008”] 申請新的環境許可證編號FEP-090/2008:[下稱"申請表編號FEP-090/2008"] |
|
Application No. |
Date of Application |
List of Amendments Incorporated into this
Environmental Permit |
Date of
Amendment |
|
VEP-037/2001 |
22 January 2001 |
Vary Conditions 1.3, 1.7, 2.1 to 2.5,
3.5, 3.9, 3.10, 3.13 to 3.21, 4.1, 4.2, 4.9 to 4.13, 6.1 to 6.6, 6.8&6.9
in Part C of EP-040/1999. Conditions 3.2&4.12 in Part C of EP-040/1999
deleted. |
2001年2月19日 |
|
VEP-055/2001 |
29 August 2001 |
Vary Conditions 2.5, 3.1, 3.13, 4.1, 4.2,
4.3, 4.6, 4.9 in Part C and Condition 4 under "Remarks" in Part C
of EP-040/1999/A together with Fig. 1, 2, 3 and 4 as well as Appendix 2.
Condition 3.12 in Part C of EP-040/1999/A deleted. |
2001年9月27日 |
|
VEP-058/2001 |
28 December 2001 |
Vary Conditions 3.12, 3.14, & 3.19 in
Part C of EP-040/1999/B together with Fig. 1, 2, 3, 4 and 5 as well as
Appendix 3. Delete Condition 3.16 in Part C of EP-040/1999/B.
Renumber Conditions 3.17, 3.18, 3.19 & 3.20 in Part C of EP-040/1999/B. |
2002年8月8日 |
|
VEP-110/2003 |
2003年8月30日 |
Vary “Nature of Designated Project” and “Scale and Scope of Designated Project” in Part B; Conditions 1.3, 1.7, 2.1, 2.2, 2.4, 2.5, 3.1, 3.5, 3.19, 4.1, 4.2, 4.3, 4.10, 4.11, 4.12, 5.2, 6.1, 6.2, 6.4, 6.5, 6.6, 6.8 and 6.9 in Part C; and Appendices 1 and 2 of EP-040/1999/C. Delete Conditions 2.3, 3.3, 3.6, 3.8, 3.12 to 3.18, 4.4 to 4.8 and 6.3 in Part C; Figures 2, 3, and 5 as well as Appendix 1A of EP-040/1999/C. Renumber Conditions 2.4, 2.5, 3.4, 3.5, 3.7, 3.9, 3.10, 3.11, 3.19, 4.9, 4.10, 4.11, 4.12, 4.13, 6.4, 6.5, 6.6, 6.7, 6.8 and 6.9. 更改環境許可証編號B部指定工程項目的性質、規模和範圍；C部條件第1.3, 1.7, 2.1, 2.2, 2.4, 2.5, 3.1, 3.5, 3.19, 4.1,
4.2, 4.3, 4.10, 4.11, 4.12, 5.2, 6.1, 6.2, 6.4, 6.5, 6.6, 6.8至6.9項及附件1及2。環境許可證編號EP-040/1999/C C部條件第2.3, 3.3, 3.6, 3.8, 3.12至3.18, 4.4至4.8,
6.3及圖2, 3及5及附件1A取消。為環境許可證編號EP-040/1999/C C部條件第2.4, 2.5, 3.4, 3.5, 3.7, 3.9, 3.10, 3.11, 3.19, 4.9,
4.10, 4.11, 4.12, 4.13, 6.4, 6.5, 6.6, 6.7, 6.8 及6.9重新編號。 |
As the date of EP-040/1999/D |
|
VEP-270/2008 |
2008年7月28日 |
Vary
Figure 2 and Appendix 2 under Condition
4.2, vary Appendix 3 under Condition 4.4 and vary Condition 5.2 in
Part C of EP-040/1999/D. |
As
the date of EP-040/1999/E |
|
FEP-090/2008 |
2008年12月23日 |
Conditions 1.3, 1.5, 1.10 and
2 to 4.1, 4.5 to 6 in Part C and Appendix 1 of EP-040/1999/E deleted. Vary Conditions 1.6 and 4.2 to 4.4 in
Part C and Notes 2, 4 and 5 of EP-040/1999/E. Renumber Conditions and
Appendices. |
As
the date of FEP-01/040/1999/E |
|
|
___________________________________________ |
|
Date |
(Mrs. Shirley LEE) Principal Environmental Protection Officer for the Director of Environmental Protection 環境保護署署長 (首席環境保護主任
李韓琇玲 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 Environmental Permit (the
Permit):
下列為本環境許可證(下稱許可證)A部所提及的指定工程項目的說明:
|
Title of
Designated Project |
Infrastructural works for Cyberport Development at
Telegraph Bay (excluding advance works) [ This designated project is
hereinafter referred to as "the Project"] |
|
Nature of
Designated Project |
Operation of roads, drains and roadside landscape works |
|
Location of
Designated Project |
Telegraph Bay, Pokfulam. Figure 1 attached to this Permit shows the
locations of the proposed works. 擬議工程的位置載於本許可證的附圖1。 |
|
Scale and
Scope of Designated Project |
The project is to operate infrastructural works for the
Cyberport Development including primarily the following (except advance
works*): l
Road D1 (760m
long) and Road D2 (160m long) (*: The advance works for the project is covered by
Environmental Permit No. EP-032/1999 issued on 本工程項目是為數碼港發展工程營辦基礎設施，主要包括(前期工程除外)*: l
D1號幹路(760米長)及D2號幹路(160米長) (*: 鋼線灣數碼港發展的前期工程已包括在一九九九年八月十三日發出的環境許可證編號EP-032/1999) |
1. General Conditions
1.1 The Permit Holder shall ensure full compliance with all conditions of this Environmental Permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or Permit cancellation where applicable.
1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354), and others.
1.3 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s).
1.4 The Permit Holder shall operate the Project in accordance with the project descriptions in Part B of this Permit
1.5 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations contained in EIA Report 009 (Register No. AEIAR-009/1999).
1.6 All deposited submissions, as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within 1 month of the receipt of the Director's comments or otherwise as specified by the Director.
1.7 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public, if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of submissions.
2. Measures during Operation of
the Project
2.1 The roadside noise barriers to
protect each corresponding phase of residential development from excessive
traffic noise shall be properly maintained during the occupation of any
residential unit in that particular development phase, the details of which are
shown in Fig. 2 and in Appendix 1.
2.2 Low noise road
surfacing on part of Road D1 shall be properly maintained as shown in Fig. 2.
2.3 Compensatory planting
of at least 2.2 ha shall be properly maintained as outlined in Appendix 2.
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 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.
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 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 carries out 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.
8.
The Notes are for general reference
only and that the Permit Holder should refer to the EIA Ordinance for details
and seek independent legal advice.
Environmental Permit No. FEP-02/040/1999/E
環境許可證編號 FEP-02/040/1999/E
Appendix
1
Details of residential development phasings and
corresponding noise barriers
During the occupation of any
residential unit in each phase of residential development, the respective noise
barriers in that development phase shall be properly implemented. The noise
barriers shall be provided in accordance with Fig. 2 and in compliance with the
relevant submission deposited on the EIAO Register. The phasings of residential
development together with the corresponding noise barriers are tabulated as
follows:
Phasing of Residential Development
|
Noise Mitigation Measures |
|
Phases RIII&RIVA – high-rise residential buildings |
· 7m high vertical noise barrier of 166m long to
be provided at the edge of the footpath along |
|
Phase RV – high-rise residential buildings |
· 3m high vertical noise barrier of 78m long to
be provided at the edge of the footpath along |
Appendix 2
(page
1 of 2)
Compensatory Planting for Cyberport Development at
(Extracted from Appendix 9.6, Volume 1B,
the EIA Report)
Area and locations available for compensatory
planting. This appendix also
contains a map showing the locations of the suggested compensatory tree
planting.
The areas suggested for compensatory planting of trees
include cut slopes located at
|
Planted Areas |
Location |
Approximate
Area Available (ha) |
|
Provided Under
this Environmental Permit |
As shown in
Page 2 of 2 in Appendix 2 |
At least 1. 94 |
|
Provided Under
Environmental Permit (EP) No. VEP-019/2000/A/EP-065 |
As shown in
Landscape Compensatory Planting As-Built Drawings deposited under Condition
2.15 of EP No. VEP-019/2000/A/EP-065 |
At least 0. 26 |
|
|
Approximate
Area Available (ha) |
At least 2.2
ha |
| Figure 1 | | Figure 2 | | Appendix 2 Page 2 |
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