Environmental Permit No.EP-126/2002/B
環境許可證編號 EP-126/2002/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTIONS 10 and 13
環境影響評估條例
(第499章)
第10 及13條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE DESIGNATED PROJECTS
建造及營辦指定工程項目的環境許可證
PART A (MAIN PERMIT)
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit EP-126/2002 to the CLP Power Hong Kong Limited (the “Permit Holder”) on 2 April 2002. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit No. EP-126/2002/A based on the Application No. VEP-104/2003. The amendments described below, are incorporated into this Environmental Permit (EP-126/2002/B). This Environmental Permit as amended is for the construction and operation of the designated projects described in Part B subject to the conditions specified and 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2002年4月2日將環境許可證編號 EP-126/2002 批予中華電力有限公司(「許可證持有人」)。根據條例第 13條的規定，署長因應申請書編號 VEP-104/2003 修訂環境許可證編號 EP-126/2002/A。下文說明的修訂，已包含在本環境許可證內 (EP-126/2002/B)。本經修訂的環境許可證，適用於建造及營辦本許可證 B部所說明的指定工程項目，但須遵守本許可證 C部所列明及附載的條件。
This Environmental Permit is based on the documents, approval and permissions described below:
本環境許可證乃依據下列的文件、批准及許可條件而簽發:
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Application No.: |
VEP-104/2003 |
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Document
in the Register :
Document
in the Register : |
(1) 132KV Supply circuit from Pui O via Chi Ma Wan Peninsula via Sea Crossing towards Cheung Chau (Register No.: AEIAR-051/2001) - Environmental Impact Assessment Report (January 2002) and Environmental Impact Assessment Executive Summary (January 2002) [Hereinafter referred to as the "EIA Report"] - Environmental Monitoring and Audit Manual (January 2002) [Hereinafter referred to as the "EM&A Manual"] (2) The Director's letter of approval of the EIA Report dated 28 February 2002 (ref : EP2/N9/Q/74 Pt.3) (3) Application documents for Environmental Permit No. AEP-126/2002. (4) Environmental Permit issued on 2 April 2002 (Permit No. EP-126/2002) (5) Application documents for Variation of an Environmental Permit submitted by the Permit Holder on 18 September 2002. (Application No. VEP-076/2002) (6) Environmental Permit issued on 17 October 2002 (Permit No. EP-126/2002/A) (7) Application documents for Variation of an Environmental Permit submitted by the Permit Holder on 4 July 2003. (Application No. VEP-104/2003)
(1) 132千伏電力供應電路由貝澳經芝麻灣半島經海峽至長洲 (登記冊編號： AEIAR-051/2001) - 環境影響評估報告 (2002年 1月 ) 及環境影響評估執行摘要 (2002年 1月 ) [下稱 "環評報告 "] - 環境監察及審核手冊 (2002年 1月 ) [下稱 "環監手冊 "] (2) 環境保護署署長於 2002年 2月 28日發出批准環評報告的信件 (檔案編號： EP2/N9/Q/74 Pt.3) (3) 許可證持有人提交的環境許可證申請文件 (申請書編號 AEP-126/2002) (4) 於2002 年4 月2日發出的環境許可證 (許可證編號 EP-126/2002) (5) 許可證持有人於 2002年9月 18日提交的更改環境許可證申請文件(申請書編號VEP-076/2002) (6) 於2002 年 10 月 17日發出的環境許可證 (許可證編號 EP-126/2002/A) (7) 許可證持有人於 2003年 7月 4日提交的更改環境許可證申請文件(申請書編號VEP-104/2003) |
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Application No. 申請編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目
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Date of Amendments 修訂日期 |
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VEP- 076/2002 |
18 September 2002
2002年9月18日 |
(1) Vary Scale and Scope of Designated Project in Part B. (2) Vary Condition 1.7, 2.9, 2.11, 2.12, 2.13, 2.17, 3.2 and Figure 6 in Part C. (3) Add Condition 2.18, 2.19 and 2.20, Figure 7 and Figure 8 to Part C.
(1) 更改B部的指定工程項目的規模和範圍 (2) 更改C部的第1.7、2.9、2.11、2.12、2.13、2.17、3.2項條件及附圖6 (3) 加入C部的第2.18、2.19、2.20項條件及附圖7、8
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17 October 2002
2002年10月17日 |
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VEP- 104/2003 |
4 July 2003
2003年7月4日 |
(1) Vary Location of Designated Project in Part B. (2) Vary Scale and Scope of Designated Project in Part B. (3) Vary Condition 1.7, 2.11, 2.14 and Figure 1, 2, 4, 5 in Part C.
(1) 更改B部的指定工程項目的地點 (2) 更改B部的指定工程項目的規模和範圍 (3) 更改C部的第1.7、2.11、2.14項條件及附圖1、2、4、5
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29 July 2003
2003年7月29日 |
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29 July 2003 2003年7月29日
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Date 日期
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(Shirley S. L. LEE) |
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PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the description of the designated projects 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 |
132kV Supply Circuit from Pui O via Chi Ma Wan Peninsula via Sea Crossing towards Cheung Chau
132千伏電力供應電路由貝澳經芝麻灣半島經海峽至長洲
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Nature of Designated Projects 指定工程項目的性質 |
Construction and operation of three 132kV supply circuits involving cable tunnel within the Lantau South Country Park.
建造及營辦設於南大嶼郊野公園範圍內電纜隧道的三條132 千伏電力供應電路。
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Location of Designated Projects 指定工程項目的地點 |
The Project commences from existing Pui O Substation, running along South Lantau Road and Chi Ma Wan Roadto the campsite at Pui O Beach, crossing the estuary at Pui O beach, running through the proposed cable tunnel linking between Pui O and Tai Long Wan East, crossing the Adamasta Channel and to existing Cheung Chau South and North Substations.
The location of the Project is shown in Figure 1 attached to this Permit.
工程項目由現有貝澳電力分站開始，沿嶼南道及芝麻灣道伸展至貝澳營地，橫越貝澳泳灘三角灣，經連接貝澳與大浪灣東的擬建電纜隧道，穿越北長洲海峽至現有南長洲及北長洲電力分站。
工程項目的地點載於本許可證圖1。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Underground cables b) Using Horizontal Directional Drilling trenchless techniques for cables crossing the estuary at Pui O beach.
h) Re-establishment
of trees and shrubs after the construction phase as part of the landscape
restoration works.
地下電纜 b) 採用無坑定向鑽挖法進行橫越貝澳泳灘三角灣的電纜工程。 e) 臨時挖掘現有斜坡，以建造位於貝澳及大浪灣的隧道入口；
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PART C (PERMIT CONDITIONS)
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 EIA Report (Register No. AEIAR-051/2001) and the application documents for variation of an environmental permit (Application No. VEP-076/2002 and VEP-104/2003); or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on-going 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 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. All submissions or any variation of the submissions shall be verified and certified by the Independent Environmental Checker (IEC) referred to in Condition 2.2 below, before submitting to the Director under this Permit.
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 The Permit Holder shall notify the Director in writing the commencement date(s) of construction of the Project(s) at least one month before the commencement of construction of the Project(s). The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date(s) of the construction.
1.12 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). 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.
1.13 For the purpose of this permit, "commencement of construction" does not include works related to site clearance and preparations, or other works as agreed by the Director.
2. Specific Conditions
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(s). The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project(s).The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years' 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 requirements as contained in the EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report 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 the commencement of construction of the Project(s). The IEC shall not be in any way an associated body of the Contractor or the ET for the Project(s). The IEC shall be a person who has at least 7 years' 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 programme, including the implementation of all environmental mitigation measures, 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 24 hours of each and every change of circumstances or non-compliance with the recommendations of the EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project(s). In case 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.
2.3 The Permit Holder shall, within 4 weeks after 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.
2.4 The Permit Holder shall, at least 4 weeks before commencement of construction of the Project, deposit with the Director 3 sets of landscape proposal, including a tree, orchids preservation plan indicating the location of trees and orchids to be preserved and transplanted, for the Project during construction and operation stages with explanatory statement, design drawings and layout plans of the scale 1 to 1000 or other scale as agreed by the Director. The submission shall include an implementation programme for the landscaped areas, with clear identification of the responsibility for funding, implementation, management and maintenance of the landscaped areas. The submission shall be verified by the IEC as conforming to the information and recommendations contained in the EIA report (No. AEIAR-051/2001), the Application (No. AEP-126/2002) and the EM&A Manual. The Permit Holder shall make available additional copies to the Director upon his request.
2.5 The Permit Holder shall keep the doors at Pui O tunnel portal closed during blasting works, within the tunnel section, in order to minimize the noise impact.
2.6 Three sets of groundwater monitoring plan including monitoring points, action levels for implementing mitigation measures shall be submitted to the Director before the commencement of construction of the Project. The mitigation measures shall be implemented if the groundwater level dropped to the action levels defined. The mitigation measures shall include:
a) traditional pre-injection systems using cement grout shall be applied in the identified fault intersection zone to reduce the water inflow; and
b) apply 2mm thick typical high performance PVC waterproof membrane and geotextile fleece mats to ensure watertighteness of the tunnel.
2.7 The Permit Holder shall submit to the Director at least one month before the commencement of the works for approval the method statements for the mitigation measures as described in conditions 2.6 a) and b) for prevent the groundwater loss.
2.8 The Permit Holder shall implement the following working methods during dredging to minimise the loss of fine sediment to suspension:
a) tightly closing grabs shall be used to restrict the loss of fine sediment to suspension;
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; and
c) excess material shall be cleaned from the decks and exposed fittings of barges before the vessel is moved.
2.9 The Permit Holder shall ensure that the dredging work shall be carried out with the dredging rate no more than 547 m3/day to minimize the water quality impact at Cheung Sha Wan Fish Culture Zone and Tai Kwai Wan.
2.10 The Permit Holder shall prevent stream sedimentation during construction by placing sandbags and operating stilling ponds in all streams within the site boundary.
2.11 The Permit Holder shall implement a planting reinstatement scheme, which comprise replanting at the Pui O tunnel portal area and of approximately 700 m2 at the Tai Long Wan Landfall area as shown in figures 2 and 3 attached to this Permit with native tree species on a minimum 1 to 1 basis and distribution at least 1 tree per 1 square meter.
2.12 The Permit Holder shall erect fences no less than 1.5 m high along the boundary of construction sites for the tunnel portals before the commencement of works to prevent tipping, vehicle movements, and encroachment of personnel into area outside that site boundary.
2.13 The Permit Holder shall, unless otherwise approved by the Director, provide the temporary hoarding barriers not less than 2 m high and in subdued colour at the Pui O Tunnel Portal as shown in figure 4 attached to this Permit during the entire construction period.
2.14 A detailed orchid survey shall be conducted in the works area of Pui O Tunnel Portal as shown in figure 5 attached to this Permit to ascertain the presence of orchids in the works area. Three hard copies of orchid survey report shall be deposited with the Director at least 4 weeks before commencement of construction works at Pui O Tunnel Portal. If orchids are present, three sets of detailed transplantation proposal for the protected orchids shall be submitted to the Director before the commencement of construction for approval. The proposal shall contain orchid survey results, details on the locations of the orchids, transplantation schedule and method, locations of the suitable receptor sites, and arrangement for post-transplantation monitoring. The survey and transplantation shall be conducted by a qualified plant biologist with at least 3 years of relevant experience. A 1-year post-transplantation monitoring shall also be conducted. No works in the area concerned should commence before the orchids are transplanted. The Permit Holder shall fully and properly implement the approved transplantation proposal.
2.15 The Permit Holder shall use visually non-obstructive security fencing for the Pui O, Tai Long Wan Tunnel Portal and landfall area during the operation phase to minimize the visual impact of the portal building.
2.16 The Permit Holder shall deposit with the Director 3 sets of records by photographs and video of existing conditions of the affected area at Pui O and Tai Long Wan Tunnel Portals at least 4 weeks before the commencement of the construction works on site. The records shall include the existing conditions of the re-creation of natural and rocky shoreline, footpath and vegetation. The works areas at Pui O and Tai Long Wan Tunnel Portal should be reinstated to their existing condition before completion of the construction works.
2.17 The Permit Holder shall not disturb the layer below 1.0 m from existing ground level at the shaded area in figure 6 attached to this Permit unless otherwise approved by the Director.
2.18 The Permit Holder shall install silt curtain during construction and removal of the temporary working platform at Tai Long Wan to minimize the water quality impact as shown in figure 7. The installation of silt curtain shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the application documents for variation of an environmental permit (Application No. VEP-76/2002) in the Register.
2.19 The Permit Holder shall implement construction site drainage system as shown in figure 8 for the temporary working platform at Tai Long Wan to bund and divert the polluted surface runoff away from the seaward side and prevent pollution to the sea. The Permit Holder shall deposit details of the drainage system with the Director at least two weeks before commencement of construction of the temporary working platform at Tai Long Wan. The details of the drainage system shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the application documents for variation of an environmental permit (Application No. VEP-076/2002) in the Register.
2.20 The Permit Holder shall, no later than one month before the commencement of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The updated EM&A Manual shall include the additional water quality monitoring for the construction, operation and removal of the temporary working platform at Tai Long Wan as detailed in the application documents for variation of an environmental permit (Application No. VEP-076/2002) in the Register .
3. Environmental Monitoring and Audit (EM&A) during the Construction Period
3.1 The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements in the EM&A Manual. Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be approved by the Director.
3.2 The Permit Holder shall take samples and measurements in accordance with the requirements in the EM&A Manual by:
(a) conducting baseline monitoring on water quality as set out in the EM&A Manual;
(b) conducting impact monitoring on water quality as set out in the EM&A Manual;
(c) carrying out remedial actions in accordance with the Event/Action Plans, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action(s), for the purposes of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
3.3 All environmental monitoring and audit data submitted under this Permit shall be true and correct.
3.4 Two 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 any construction works. The submissions shall be verified and certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.
3.5 Two 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 submission 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 from the Director.
3.6 The Permit Holder shall fully and properly carry out actions described in the Event/Action Plans of the EM&A Manual, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.
4. Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Condition 4.2 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.
4.2 All environmental monitoring results described in Condition 4.1 above shall be made available to the public via internet access in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring results are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing, within 6 weeks after the commencement of works, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring results shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.
4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data with features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by types of monitoring data; and
(d) 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 (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. If there is a breach of any conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, 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 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.
4. 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.
5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
6. 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.
7. 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 of indictment to a fine of $2 million and 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 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 that the offence continued.
8. 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.
9. 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.: EP-126/2002/B
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