ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13

環 境 影 響 評 估 條 例
(第 499章 )
第 10及 第 13條

ENVIRONMENTAL PERMIT TO CONSTRUCT A PART OF THE DESIGNATED PROJECT

就 建 造 指 定 工 程 項 目 其 中 部 分 而 發 出 的 環 境 許 可 證

PART A (MAIN PERMIT)

A部 (許 可 證 主 要 部 分 )

Pursuant to Section 10 and 13 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Further Environmental Permit (FEP-01/038/2001) to Anbok Limited (hereinafter referred to as the "Permit Holder") on 28 March 2001. Pursuant to Section 13 of the Ordinance, the Director amends the Further Environmental Permit (FEP-01/038/2001) based on the Application No. VEP-053/2001. The amendments, described below, are incorporated into this Environmental Permit (EP-01/038/2001/A). This Environmental Permit as amended is for the construction of the designated project described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.

根 據 環 境 影 響 評 估 條 例 (條 例 )第 10條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 於 2001年 3月 28日 將 新 的 環 境 許 可 證 (FEP-01/038/2001)批 予 Anbok Limited (下 稱 "許 可 證 持 有 人 ")。 根 據 條 例 第 13條 的 規 定 ﹐ 署 長 因 應 更 改 環 境 許 可 證 的 申 請 編 號 VEP-053/2001修 訂 新 的 環 境 許 可 證 編 號 FEP-01/038/2001。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-01/038/2001/A)。 本 經 修 訂 的 環 境 許 可 證 作 為 建 造 本 許 可 證 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 。

This Environmental Permit is based on the documents, approvals, and applications described below :-

本 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 及 申 請 而 簽 發 -

PART B (DESCRIPTIONS OF THE PART OF THE DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 本 部 分 的 說 明 )

Hereunder is the description of the part of the designated project mentioned in Part A of this further environmental permit :
下 列 為 本 新 的 環 境 許 可 證 A部 所 提 述 的 指 定 工 程 項 目 本 部 分 的 說 明 :

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1. The Permit Holder shall ensure full compliance with all conditions of this Further 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 make copies of this permit as well as the EIA Report and the EM&A Manual available at all times for inspection by the Director at all the sites covered by this permit.

1.4. The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s).

1.5. The Permit Holder shall display 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 environmental 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 of Environmental Protection shall also be displayed at the same locations as the original permit.

1.6. Copies of the EIA Report and the approved Environmental Monitoring and Audit (EM&A) Manual shall be kept in the Resident Engineer's office and the Contractor's office(s) on site for reference.

1.7. The Permit Holder shall construct the Project in accordance with the project descriptions in Part B of this permit.

1.8. The Permit Holder shall ensure the Project is constructed in accordance with the information and recommendations contained in the EIA Report.

1.9. 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.

1.10. 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 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 the submissions.

1.11. Amendments to submission required under the Permit shall be approved by the Director and deposited with the Environmental Impact Assessment Ordinance Register Office or any other places as specified by the Director as required by the respective condition.

1.12. The Permit Holder shall notify the Director two weeks prior to the commencement and completion of the Project works.

1.13. This Permit shall not remove the responsibility of any person to comply with the conditions set out in Part C of the Environmental Permit No. EP-038/1999 or where applicable any subsequent environmental permit amended by the Director under the Environmental Impact Assessment Ordinance (EIAO).

1.14. The requirements of the Independent Environmental Checker (IEC), as required under this Permit, are described in Condition 2.2 of the Environmental Permit No. EP-038/1999 or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the Environmental Impact Assessment Ordinance.

2. Submissions or Measures before Commencement of Construction of the Project

2.1. An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET shall be headed by a team leader who has at least seven years' experience in environmental monitoring and auditing (EM&A) or environmental management. 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.

2.2. Four weeks before commencement of the noise barriers construction works of the project, the Permit Holder shall confirm in writing to the Director the removal of noise sensitive receivers N6 and N7 referred to in Table 3.3a of the EIA Report. The Permit Holder shall deposit with the Director 3 sets of design drawings showing the locations and details of the noise barriers of scale 1 to 1000 (or other appropriate scale as agreed by the Director) with the Director. The design drawings shall include the noise barrier at the junction of Castle Peak Road and So Kwun Wat Road as shown in Figures 1 and 2. The submission shall be verified by the ET leader and approved by the Engineer as conforming to the information and recommendations contained in Sections 3 and 6 of the EIA report, and any changes that has been agreed by the Director. The Permit Holder shall also provide additional copies of the design drawings as deemed necessary by the Director.

3. Submissions or Measures during the Construction Period

3.1. All design and measures as described in submissions deposited under Conditions 2.2 above, of which are located within the Site Limit as shown in Figure 1, shall be fully implemented.

3.2. All landscape measures as described in the landscape master plan submitted by the Civil Engineering Department (Holder of Environmental Permit No. EP-038/1999) under Condition 2.3 of the Environmental Permit No. EP-038/1999, or when applicable, subsequent amendment as submitted by the Civil Engineering Department under Condition 1.9 of the Environmental Permit No. EP-038/1999 and approved by the Director under Condition 1.11 of the Environmental Permit No. EP-038/1999, of which are located within the Site Limit as shown in Figure 1, shall be fully implemented.

3.3. To protect sensitive receivers at So Kwun Wat Road along the southern boundary of the works area, acoustic shed(s) shall be used to control noise from operation of power equipment including saw, hand-held breaker and mini backhoe and a 1.5-metre high temporary noise barrier shall be erected alongside the existing 1.5-metre high brick wall. The design and construction of the acoustic shed(s) shall be in accordance with the British Standard BS 5228 (BS 5228; Part 1: 1997; Figures B.2 & B.3 of Page 19 & 20). The design and construction of the temporary noise barrier shall be in accordance with Figure 2. The temporary noise barrier shall be erected throughout the duration of any construction works.

4. Submissions or Measures during Construction

4.1. The noise barrier and landscape mitigation measures shall be constructed by the Permit Holder in accordance with the design drawings/landscape master plan as specified by Conditions 2.2 and 3.2 above. For this purpose, at least two weeks before commencement of operation of the Project, 3 copies of audit report which contains the certification by the IEC that the noise and landscape mitigation measures has been satisfactorily completed shall be made available to the Director.

5. Environmental Monitoring and Audit (EM&A)

5.1. The EM&A programme relevant to the works covered under Part B of this Permit shall be implemented as set out in the approved EM&A Manual. Any changes to the EM&A programme shall be justified by the IEC and be approved by the Engineer as conforming to the requirements set out in the EM&A Manual before submission to the Director for approval. Alternatively, the Permit Holder can make reference to the findings and recommendations of the monthly EM&A submitted under Condition 5.3 of the Environmental Permit No. EP-038/1999.

5.2. The Permit Holder shall keep a copy of the approved EM&A Manual as detailed in Part A of this Permit at his office on site for reference.

5.3. The Permit Holder shall make reference to the Baseline Monitoring Report as deposited under Condition 5.2 of the Environmental Permit No. EP-038/1999 for any works covered under Part B of this Permit.

5.4. 2 copies of the monthly EM&A Report verified by the IEC shall be made available to the Director within 10 working days from the end of the reporting month in hardcopy format or by other means as specified by the Director.

5.5. The actions described in the Event/Action Plans of the approved EM&A Manual shall be carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.

Notes:

1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

2. The permit holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this environmental permit. The permit holder shall replace the original permit displayed on the construction site 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 with the consent of the Secretary for the Environment and Food, may suspend, vary of cancel this environmental permit. The permit shall be removed from the display on the construction site.

5. If this permit is cancelled or surrendered during the construction, an environmental permit must be obtained under the Ordinance before the construction of the project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

7. Any person who constructs or operates the designated project contrary to the conditions in this 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.

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