Environmental Permit No. EP-106/2001/A
環境許可證編號EP-106/2001/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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 (the EIAO), the Director of Environmental Protection (the Director)
grants this environmental permit to the Civil Engineering Department Hutchison
Global Crossing Limited (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和記環球電訊有限公司 土木工程署(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﹕-
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Application No. 申請書編號 |
AEP-106 |
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Document in the Register : 登記冊上的文件： |
(1) Project Profile “
(Register No.: PP (1) 工程項目簡介 – “屯門至赤臘角之和記海底纜系統屯門登岸段光纜鋪設工程” (登記冊編號：PP-127/2001) (2) The Director’s letter of permission to apply
directly for environmental permit dated 9 June 2001 (Reference: EP2/N9/C/85) (2)環境保護署署長於2001年 6月9 日發出批准直接申請環境許可證的信件(檔案的編號: EP2/N9/C/85) (3) Application documents
including all attachments submitted by the Permit Holder on 25 September 2001
(Application No. AEP-106/2001) (3) 許可證持有人於2001年9月25日提交申請文件包括所有附件(申請書編號﹕AEP-106/2001) (4) Application for Variation of Environmental
Permit No. VEP-061/2002. [Hereafter referred to as “the Application
VEP-061/2002] (4) 申 請 更 改 環 境 許 可 證 編 號 VEP-061/2001:[下 稱 "申 請 表 編 號 VEP-061/2001"] |
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Director’s Permission to Apply Directly for
Environmental Permit: 署長批准直接申請環境許可證 |
Letter Reference: ( )in EP2/N9/C/85 信件檔號：( ) in
EP2/N9/C/85 Date:9 June 2001 日期：2001年6月9日
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The amendments incorporated into this Environmental Permit
are described below:-
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Application No. |
Date of Application |
List of Amendments
Incorporated into Environmental Permit |
Date of Amendment |
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VEP-061/2001 |
8 March 2002 |
Vary Conditions 2.5 and 2.6 in Part
C of EP-106/2001. |
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Date 日期 |
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(Elvis W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for the Director
of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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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 (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:
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Title
of Designated Projects 指定工程項目的名稱 |
Submarine Cable Landing Installation at Tuen Mun for
HGC Optical Fibre Submarine Cable System Between Tuen Mun and Chek Lap Kok
[The 屯門至赤臘角之和記海底纜系統屯門登岸段光纜鋪設工程 [上述指定工程項目下稱“工程項目”]
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Nature of Designated Projects |
Dredging operation which is less
than 500m from the nearest boundary of an existing bathing beach (Butterfly
Beach) at Tuen Mun. 挖泥工程，施工地點距離現有的屯門泳灘(蝴蝶灣)最接近的界線少於500米。 |
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Location
of Designated Projects 指定工程項目的地點 |
The landing point at Tuen Mun
locates at the west of Butterfly Beach.
擬建的電纜自蝴蝶灣西邊開始鋪設，延伸至赤臘角[如本許可證圖一所示。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The proposed work involves
construction of landing structure at the cable landfalls and laying of
submarine optical cables from Tuen Mun to Chek Lap Kok. 擬建的工程包括堤岸興建光纜登岸結構，與及從屯門鋪設海底光纜至赤臘角。 |
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 EIAO and may become 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 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 defense 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 the Permit readily available at all times for
inspection 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 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 by the Permit. The
site(s) refers to site(s) of construction and operation of the Project(s) 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 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,
varied or cancelled Permit shall be removed from display at the construction
site(s).
1.6
The Permit Holder shall construct and operate the Project as
described in Part B of this Permit.
1.7
The Permit Holder shall ensure that the Project is designed,
constructed and operated in accordance with the information and recommendations
described in the Project Profile (EIAO Register No. PP-127/2001); other
relevant documents in the Register; and the information or mitigation measures
described in this Permit. 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 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
Environmental Impact Assessment Ordinance.
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 in any other
places, or any internet websites as specified by the Director for public
inspection. For this purpose, the Permit Holder shall provide sufficient copies
of the submission.
1.11
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).
1.12
The Permit Holder shall notify the Director in writing the
commencement date of construction of the Project no later than 4 weeks 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.
2.
Specific
Conditions
2.1
The Cable shall be laid along the alignments as delineated in Table 1 and Figure 1attached to this Permit. The Permit Holder shall obtain prior
approval from the Director of any changes in the Project details, including
cable alignments, burial depth, trench width and installation methods.
2.2
The Permit Holder shall install and maintain the silt fence as
shown in Figure 2 to minimize the
water quality impact from the construction of Tuen Mun Landing Point.
2.3
The Permit Holder shall install and maintain the silt curtain and
silt fence as shown in Figures 3a
and 3b to minimize the water
quality impact from the underwater trenching work.
2.4
The Permit Holder shall implement the contingency plan as described
in Annex A.
Additional mitigation measures to protect the Chinese White
Dolphins
2.5
The following measures
shall be fully implemented:
(a) Prior to the commencement of construction work, and prior to
the introduction of any new vessels, the Permit Holder shall arrange qualified
professionals to give briefings to all vessel operators working on the project,
requiring all operators to pay special attention to the possible presence of
dolphins in the area, the rules for safe vessel operation in the presence of
cetaceans, and the requirements to control and manage all effluents or other
wastes in accordance with relevant pollution control ordinances including the
Waste Disposal Ordinance (Cap.354), Dumping at Sea Ordinance (cap.466),
Shipping and Port Control Ordinance (Cap.313) and Merchant Shipping Ordinance
(Cap.413). The Permit Holder shall keep a record of all such briefings,
detailing the contents of the briefing, who gave the briefing, and who have
attended. The record shall be made readily available to the Director or his
authorized representatives for inspection throughout the construction period.
(b) Prior to the starting or re-starting of dredging or cable
laying works, the Permit Holder shall scan around an exclusion zone of 500
metre radius around the work area for at least 30 minutes. If cetaceans are
observed in the exclusion zone, dredging or cable laying shall be delayed until
the cetaceans have left the area.
If cetaceans are observed within the exclusion zone during dredging or
cable laying works, the works shall be suspended until the cetaceans have left
the area.
Additional mitigation measures to protect water
quality
2.6
The Permit Holder shall
implement the following measures to reduce any water quality impacts for marine
works within the initial 500m of cable from Tuen Mun Landing Point as shown in Figure 4.
(a)
Closed
grab dredgers shall be used to avoid dispersion of suspended solids into the
sea.
(b)
All
barges used for the transport of dredged materials shall be fitted with tight
bottom seals in order to prevent leakage of material during loading and
transport.
(c)
All
barges should be filled to a level, which ensures that material does not spill
over during loading and transport to the disposal site and that adequate
freeboard is maintained to ensure that the desks are not washed by wave action.
2.7
The Permit Holder shall
implement the following measures if any dredging work is undertaken at the Tuen
Mun Landing Point during the period 1 March to 30 October inclusive.
(a)
The
works shall only be undertaken during the weekdays and no works shall be
undertaken during Saturdays, Sundays and public holidays.
(b)
The
duration of the dredging works shall not be longer than 5 working days unless
otherwise approved by the Director.
(c)
The
dredging works shall not be undertaken during the peak-bathing season (1 June and 31 August)
(d)
Suspended
solids monitoring shall be undertaken on a daily bases in accordance to the
monitoring location as shown in Figure
5a. The Permit Holder shall
report to LCSD and EPD in accordance to the requirements in Annex B.
(e)
Notification
shall be provided at Butterfly Bathing Beach of the construction works in the
vicinity and a phone number shall be provided to the Public if they wish to
complain.
(f)
In
the event of a complaint from the Public or LCSD, the Action Plan provided in Annex C shall be implemented.
2.8
The Permit Holder shall within eight weeks after completion of the
Project, deposit with the Director one set of plan(s) in scale 1:5000 scale
with coordinates indicating the as-built alignment of the cable.
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. 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 may with the consent of the Secretary for the
Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
5. If this Permit is
cancelled or surrendered during construction or 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 construct or operate a designated project listed in Part I of
Schedule 2 of the Ordinance without a valid environmental permit.
6. Any person who
constructs or 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.
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.
Table 1 | Annex A | Annex B | Annex C | Figure 1 | Figure 2 | Figure 3a | Figure 3b | Figure 4 | Figure 5a
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