Environmental Permit No.
FEP-01/335/2009
環境許可證編號FEP-01/335/2009
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 12
環境影響評估條例
(第499章)
第10條及12條
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT DESIGNATED PROJECT
建造指定工程項目的新的環境許可證
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 environmental permit to the Cheung Hing Construction Company Limited (hereinafter referred as the "Permit Holder") to construct the designated project described in Part B subject to the conditions described in or attached to Part C. The issue of this Further Environmental Permit is based on the documents, approvals or permissions described below:
根據環境影響評估條例(本條例)第10條及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祥興建造有限公司(許可證持有人)以建造B部所說明的指定工程項目，但須遵守C部所說明或附載的條件。本新的環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application No. 申請書編號 |
FEP-109/2010 |
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Document in the Register |
1.
Phased Reprovisioning of · Environmental Impact Assessment Report (March 2009) [Hereinafter referred to as "the EIA Report"] · Environmental Monitoring and Audit Manual (March 2009) [Hereinafter referred to as “the EM&A Manual”] · Executive Summary (March 2009) 1. 重建歌連臣角火葬場計劃 · 環境影響評估報告 (2009年3月) [下稱「環評報告」] · 環境監察審核手冊 (2009年3月) [下稱「環監手冊」] · 行政摘要 (2009年3月) |
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2. The Director’s letter of approval of the Report
dated 2. 署長於2009 年6月8日發出該環評報告的批准信 (檔案編號: f(11) in Ax(1) to EP2/H20/N/04 Pt. 3) |
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3. Application for Environmental Permit submitted on
3. 於2009 年3月5日提交的環境許可證申請文件(申請書編號: AEP-335/2009) [下稱「申請書」] |
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4. Environmental
Permit issued – Permit No.: EP-355/2009 issued on 4. 已簽發的環境許可 – 許可證編號 : EP-335/2009 於 2009 年 8 月 17 日簽發。 |
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5. Application
for Further Environmental Permit and attachments submitted on 5. 於 2010 年 6 月15 日提交的新的環境許可證申請文件及附件(申請書編號 : FEP-109/2010。[下稱”申請書編號 : FEP-109/2010] |
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Date (YEUNG Wai Tak, Victor)
日期 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 楊維徳 代 行)
PART B ( DESCRIPTIONS OF DESIGNATED PROJECT(S) )
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 :-
下列為本環境許可證A部所提及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 |
Phased Reprovisioning of [This project is hereinafter referred to as "the Project".]
重建歌連臣角火葬場計劃 [下稱上述工程項目為工程項目。] |
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Nature of Designated Project(s) 指定工程項目的性質 |
Construction and operation of a new crematorium. 建造及營辦一所新的火葬場。
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Location of Designated Project(s) 指定工程項目的地點 |
Existing 東區歌連臣角道，歌連臣角火葬場現址
The location of the Project is as shown in Figure 1 attached to this Permit. 工程項目的地點載於本環境許可證的圖1。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The scope of the Project includes the following works:-
(i) Construct and operate 4 new cremators with ancillary facilities under Phase 1 (the Phase 1 site area is shown in diagonal-stripped red in Figure 2 attached to this Permit);
(ii) demolition of the existing crematorium and the existing underground fuel tank under Phase 2 (the demolition areas as shown in crosshatched blue in Figure 2 attached to this Permit); and
(iii) construct and operate 6 new cremators with ancillary facilities under Phase 2 (the block plan of new crematorium upon completion of Phase 1 and Phase 2 is shown in Figure 3 attached to this Permit). 工程項目的範圍包括下述工程 : (i) 在第一期工程建造及營辦四個新火化爐及其輔助設施(第一期工程範圍以紅色斜線顯示於本環境許可證的圖2)； (ii) 在第二期工程拆卸現有的火葬場和地底燃料缸(拆卸範圍以藍色格線顯示於本環境許可證的圖2)；以及 (iii) 在第二期工程建造及營辦六個新火化爐及其輔助設施(在第一及第二期工程完成後新火葬場的平面圖顯示於本環境許可證的圖3)。 |
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) 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 or 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 document 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 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, carried or cancelled Permit shall be removed from display at the construction site(s).
1.6 The Permit Holder shall construct the Project in accordance with the project descriptions in Part B of this permit.
1.7 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and all recommendations described in the approved EIA Report (Register No. AEIAR-137/2009); the application documents including all attachments (Application No. AEP-355/2009); other relevant documents in the Register; and the information or 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 ongoing 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 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, 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 variations 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 EIA 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 the Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA 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 EIA 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 the construction.
1.13 For the purpose of this Permit, “commencement of construction of the Project” does not include works related to site clearance and preparation, or other works as agreed by the Director.
2. Submissions or Measures before Commencement of 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 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. 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 and in the approved EIA Report (Register No. AEIAR-137/2009) 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 findings of the approved EIA Report (Register No. AEIAR-137/2009) and the compliance with the recommendations of the approved EIA Report (Register No. AEIAR-137/2009) 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 the supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-137/2009) 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 described in the approved EIA report (Register No.: AEIAR-137/2009), 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, 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 approved EIA Report (Register No. AEIAR-137/2009) and this Permit, which might 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 two weeks 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 a Works Schedule
2.4 The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, deposit a works schedule to the Director. The works schedule shall indicate the works programme with construction commencement and completion dates of the key construction works, in particular (a) dates of commencement of Phase 1 and Phase 2 works and planned full commissioning of the Project upon completion of Phase 1 and Phase 2 works; and (b) the anticipated schedule of submissions under Phase 1 and Phase 2 works and after full commissioning of the Project for fulfilling the submission requirements as set out in Conditions 3.1, 3.3, 3.5, 3.6, 3.7, 5.2, 6.2 and 6.3 of this Permit.
3 Submissions or Measures during Construction of the Project
Measures to Mitigate Visual Impacts
3.1 The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit four hard copies and one electronic copy of Visual Mitigation Measures Plan to the Director. The Plan shall show the locations, size, number and species of planting, aesthetic design details, implementation programme, maintenance and management schedules and drawings in the scale of 1:1000 or other appropriate scale. Before submission to the Director, the Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR – 137/2009).
3.2 All visual mitigation measures shall be implemented for the Project in accordance with the Visual Mitigation Measures Plan deposited under Condition 3.1 of this Permit. The implementation of the measures shall be reported in the following EM&A monthly report.
Measures for Mitigating Land Contamination
3.3 To determine the extent and level of land contamination and formulate necessary remedial measures at the existing Cremator Rooms 1 and 2 and the trial pit location (TP1) underneath the fuel pipeline as shown in Figure 4 of this Permit, the Permit Holder shall:-
(a) no later than two months before demolition of the existing crematorium, submit to the Director for approval four hard copies and one electronic copy of Supplementary Contamination Assessment Plan (SCAP). The SCAP shall include proposal with details of representative sampling and analysis required to determine the nature and extent of contamination;
(b) no later than one month after the completion of the land contamination investigation works, submit to the Director for approval four hard copies and one electronic copy of Supplementary Contamination Assessment Report (SCAR) to document the findings of the land contamination assessment conducted based on the approved SCAP; and if land contamination is confirmed, submit to the Director for approval four hard copies and one electronic copy of Supplementary Remedial Action Plan (SRAP) to formulate necessary remedial measures. All remedial measures described in the approved SRAP shall be fully implemented. No demolition of the existing crematorium shall be carried out until the SCAP/SRAP is approved by the Director.
Before submission to the Director, the SCAP, SCAR and SRAP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-137/2009)
3.4 To clean up the contaminated soils around the underground fuel storage tank, the soils identified to have heavy metal containing lead exceeding the Risk-Based Remediation Goals (RBRGs) levels of 2,290mg/kg at the hotspot BH1 (as shown in Figure 4 of this Permit), the Permit Holder shall excavate and treat the contaminated soils by cement solidification/stabilization.
3.5 To demonstrate satisfactory completion of soil remediation works as referred to Conditions 3.3 and 3.4 and confirm that all contaminated soils failing to meet the RBRGs criteria set out in Appendix 1 have been treated and removed, the Permit Holder shall, no later than two weeks before demolition of the existing crematorium, deposit four hard copies and one electronic copy of Remediation Report to the Director. The Report shall contain details on the extent of contaminated areas, types and volume of contaminated soils, soil remedial treatment carried out, confirmatory soil samplings taken for closure assessment for the existing crematorium and underneath the underground fuel storage tank, and locations of all on-site backfilling/off-site disposal destinations (including record of disposal). Before submission to the Director, the Report shall be certified by ET Leader and verified by the IEC to demonstrate the Conditions 3.3 and 3.4 have been fulfilled.
Demolition, Handling, Treatment and Disposal of Dioxin Containing Material (DCM)
3.6 To determine the location(s), extent and level(s) of Dioxin Containing Materials (DCM) in the depositions/building structures in the existing crematorium, in particular chimneys, flue and cremation rooms, and formulate a specific demolition plan for demolition, handling, treatment and disposal, the Permit Holder shall:-
(a) no later than two months before demolition of the existing crematorium, submit to the Director for approval four hard copies and one electronic copy of DCM Investigation Plan. The Plan shall include proposal with details of representative sampling and analysis required to determine the location(s), extent and level(s) of dioxin contamination. No investigation works shall be carried out until the DCM Investigation Plan is approved by the Director; and
(b) no later than one month after completion of the DCM investigation works, submit to the Director for approval four hard copies and one electronic copy of DCM Assessment Report. The Report shall present the findings of the investigation works and contain a specific demolition plan, according to the principles as described in Appendix 2 attached to this Permit, with the details of methods and procedures for demolition, handling, treatment and disposal of the DCM and precautionary measures for avoiding cross contamination of DCM and asbestos containing materials. All procedures and precautionary measures described in the approved DCM Assessment Report shall be fully implemented. No demolition of the existing crematorium shall be carried out until the DCM Assessment Report is approved by the Director.
Before submission to the Director, the DCM Investigation Plan and DCM Assessment Report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-137/2009).
3.7 To demonstrate satisfactory completion of DCM demolition, handling, treatment and disposal and confirm that all DCM within the existing crematorium failing to meet the 1 part per billion toxicity equivalent (1 ppb TEQ) criterion have been treated and removed, the Permit Holder shall, no later than two weeks before demolition of the existing crematorium, deposit four hard copies and one electronic copy of Confirmatory Report. The Report shall contain details on the extent of DCM contaminated locations, levels and volume of contaminated soils, remedial treatment carried out, confirmatory soil samplings taken for closure assessment and locations of all on-site backfilling/off-site disposal destinations (including record of disposal). Before submission to the Director, the Report shall be certified by ET Leader and verified by the IEC to demonstrate the Condition 3.6 has been fulfilled.
4. Measures during Testing and Commissioning (T&C) Period under Phase 1 of the Project
4.1 To avoid introducing additional chimney emissions to the environment, the Permit Holder shall limit the total number of cremators in operation during the four months T&C Period, accounting for both the twelve existing cremators in normal services and the four new cremators under commissioning test, to no more than eight existing cremators and two new cremators concurrently at any one time.
4.2 To ensure compliance of Condition 4.1 above, the Permit Holder shall maintain a log-book to record the number of existing and new cremators concurrently operated daily during the T&C period. The log-book shall be made available for ET/IEC auditing during the T&C period and reported in the following EM&A monthly report.
5. Submissions or Measures Before and During Full Commissioning of the Project
5.1 The maximum number of new cremators shall be limited to ten with a total maximum loading of 1,526 kilogram per hour.
5.2 To demonstrate the effectiveness of the noise mitigation measures proposed for the radiators, the Permit Holder shall no later than one month after full commissioning of the Project, deposit with the Director four hard copies and one electronic copy of a Noise Measurement Report. The Report shall at least contain:
(a) layout plan(s) showing the location of the radiators (in the scale of 1:500 or other appropriate scale);
(b) design layout(s) (in the scale of 1:500 or other appropriate scale) showing the dimensions and material and other details related to the noise reduction function adopted for the installed noise barriers;
(c) location plan(s) showing the measurement point(s) representing the noise sensitive receivers at King Tsui Court and Cape Collinson Crematorium Staff Quarter; and
(d) measurement methodology and results demonstrating the effectiveness of the noise mitigation measures.
Before submission to the Director, the Noise Measurement Report shall be certified by the ET Leader and verified by the IEC as conforming to the information and requirements as set out in the approved EIA report (Register No. AEIAR-137/2009).
5.3 The proper functioning of the noise barriers shall be maintained in accordance with the design details that are contained in the submission required under Condition 5.2 above, after full commissioning of the Project.
6 Environmental Monitoring and Audit (EM&A) Requirements for the Project
6.1 The EM&A programme of the Project shall be implemented in accordance with the procedures and requirements in the EM&A Manual of this Project. The key elements of the EM&A programme include the monitoring for noise and air quality during the construction stage and implementation of visual mitigation measures during the first year of full commissioning of the Project. 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.
6.2 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the 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.
6.3 Three hard copies and one 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 with the recommendations in the approved EIA Report (Register No. AEIAR-137/2009) or this Permit. 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.
6.4 All EM&A results submitted under this Permit shall be true, valid and correct.
6.5 Any necessary remedial measures and actions as described in the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the EM&A Manual, or as agreed by the Director.
6.6 For timely access of information by the affected community, all environmental monitoring data and results shall be made available to the public through a dedicated web site to be set up by the Permit Holder under Conditions 7.2 and 7.3 below. The monitoring data shall be certified by the ET Leader and verified by the IEC before releasing to the public, in the shortest practicable time and in no event later than 2 weeks 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 6.2 and 6.3 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.
7.2 The Permit Holder shall, within one month after the 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 7.1 above shall be made available to the public via the abovementioned 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. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the construction stage and during the first year of full commissioning of the Project, or otherwise specified by the Director.
7.3 The Internet web site 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 and the Environmental Permit(s) of the project. 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 (Descriptions 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.
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 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 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 should refer to the EIAO for details and seek independent legal advice.
Environmental Permit No. FEP-01/335/2009
環境許可證編號
FEP-01/335/2009
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