Environmental
Permit No. EP-235/2005/A
環境許可證編號 EP-235/2005/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 及 13條
ENVIRONMENTAL PERMIT TO CONSTRUCT
A DESIGNATED PROJECT
建造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) granted the Environmental Permit (EP-235/2005) to the Civil Engineering and Development
Department (hereinafter referred to as the “Permit Holder”) on 23
December 2005. Pursuant to Section 13 of the EIAO, the
Director amends the Environmental Permit (EP-235/2006) based on the Application No. VEP-219/2006. The
amendments, described below, are incorporated into this Environmental Permit
(EP-235/2005/A). This
Environmental Permit as amended is for the construction of 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）於2005年12月23日將環境許可證(編號EP-235/2005)批予土木工程拓展署（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-219/2006修訂環境許可證編號EP-235/2006。以下修訂已包含在本環境許可證內(EP-235/2005/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：
|
Application No. 申請書編號： |
VEP-219/2006 |
|
Document in the Register: 登記冊上的文件： |
(1)
Project Profile – Landslide Preventive Works at (1) 工程項目簡介 –半山區寶珊地段防止山泥傾瀉工程(登記冊檔號: PP-267/2005) (2) The Director’s letter of permission to apply
directly for environmental permit dated 28 November 2005 [Ref.: (17) in
EP2/H11/Q/05 Pt. 2] (2)
署長於2005年11月28日 發出批准直接申請環境許可證的信件 [檔案編號 : (17) in
EP2/H11/Q/05 Pt. 2] (3) Application for Environmental Permit submitted by the Permit
Holder on 30 November 2005 (Application No. AEP-235/2005) (3) 許可證持有人於2005年 11 月 30 日提交的環境許可證申請（申請書編號：AEP-235/2005） (4) Environmental Permit issued on 23 December 2005 (Permit No.
EP-235/2005) (4) 於2005年 12 月 23 日簽發的環境許可證（許可證編號：EP-235/2005） (5) Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 20.6.2006 (Application No. VEP-219/2006) (5) 許可證持有人於2006年6月20日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-219/2006) |
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:
|
Title of Designated Project 指定工程項目的名稱 |
Landslide
Preventive Works at [This
designated project is hereinafter referred to as “the Project”] 半山區寶珊地段防止山泥傾瀉工程 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
To
construct drainage adits and repair existing surface channels and associated
catchpits within the boundary of the Pok Fu Lam Country Park and Special Area;
as well as to construct soil nails. 於薄扶林郊野公園及特別地區內建造地下排水道及修葺現有的地面排水渠及相連的排水井; 及建造泥釘。 |
|
Location of Designated Project 指定工程項目的地點 |
|
|
Scale
and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The
project includes the following works at the Po Shan area (see
Figure 2): (a)
Construction of two 3.5m diameter underground drainage adits,
each of lengths 260m and 175m respectively, with sub-vertical drains; (b)
Construction
of 300 nos. of soil nails and 80 nos. raking drains; and (c)
Repairing of 1,200m long existing surface channels and associated
catchpits (including removal of concrete for those surface channels in poor
conditions and casting of concrete for the replacement channels) at the Po
Shan area. (a)
建造兩條直徑3.5米，分別長260米及175米的地下排水道裝設垂直排水管道; (b)
建造300泥釘及80 支斜管; 及 (c)
修葺現有1,200米長的地面排水渠及相連的排水井(包括拆除地面排水渠的混凝土破損部份,並重新灌注混凝土作為排水渠翻新用途).。 |
|
Application
No. 申請書編號 |
Date
of Application 申請日期 |
List
of Amendments Incorporated into Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date
of Amendment 修訂日期 |
|
VEP-219/2006 |
20
June 2006 2006年6月20日 |
Amend the “Scale and Scope of
Designated Project” in Part B 更改B部的《指定工程項目的規模和範圍》 Amend Figures 1 and
2 and add
Figure 5 更改圖1及2和加入圖5 Amend
Conditions 1.7, 2.1 and 2.3 in Part C
of Environmental Permit No. EP-235/200 更改C部的條件第1.7, 2.1及2.3項 Add Condition 2.7 in Part C
of the Environmental Permit EP-235/2005 加入環境許可證編號
EP-235/2005 C 部第2.7項條件。 |
7
July 2006 2006年7月7日 |
|
_______7 July 2006__________ Date 日期 |
|
________________________________________ (Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 行) |
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), Waste Disposal Ordinance (Cap. 354) and Country Parks
Ordinance (Cap. 208). 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 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 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, varied 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 Project Profile (Register No.: PP-267/2005), the application documents including all attachments (Application No. VEP-219/2006), the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with the Director as a result of permit conditions contained in this Permit, and 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 submissions, as required under this Permit, shall be rectified and resubmitted 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 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 (Cap. 499).
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 place, 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 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 hard copies.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least two weeks before 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” does not include works related to site clearance and preparation, or other works as agreed by the Director.
2 Special Conditions
2.1 To minimize disturbance to the Pok Fu Lam Country Park and
Special Area, no site clearance woks shall be permitted within the
2.2.
No tree felling shall be allowed within the Pok Fu Lam Country Park and
Special Area.
2.3 To minimise environmental impacts from the construction of drainage adits and the environmental side-effects of the ancillary activities associated with the Project,
(a) tunnel boring machine(s) shall be employed for constructing the adits lying within the Pok Fu Lam Country Park and Special Area;
(b) no blasting shall be permitted within the Pok Fu Lam Country Park and Special Area;
(c) noise enclosure as shown in Fig. 3 shall be adopted when using hand-held breaker and grout pump during construction of portal sections of the adits;
(d) the construction of soil nails and associated raking drains shall not be carried out concurrently with other construction activities associated with the Project; and
(e) Noise
insulating fabric as shown in Figure 5 shall be adopted to cover drill rigs
during construction of soil nails.
The insulating fabric shall have no openings or gaps and shall achieve
at least 5dB(A) noise reduction. The Permit Holder shall, at least two
weeks before the commencement of construction, deposit with the Director three
hard copies and one electronic copy of the specification for the noise
insulating fabric. The
specification shall at least include sizes, locations and installation details
of the insulating fabric. All
measures recommended in the specification shall be fully implemented.
2.4 The
Permit Holder shall monitor the ground water table within the Pok Fu Lam
Country Park and Special Area during construction. The Permit Holder shall, at least two
weeks before the commencement of construction, deposit with the Director three
hard copies and one electronic copy of ground water monitoring plan. The plan shall at least include the
following information:
(a) Ground
water monitoring locations;
(b) Methodology for ground
water monitoring;
(c) Ground water monitoring
schedule (including monitoring frequency and period);
(d) Ground water monitoring
criteria; and
(e) Actions to be taken in
case of non-compliance with ground water monitoring criteria.
All measures recommended in the
ground water monitoring plan shall be fully implemented.
2.5 The
Permit Holder shall set up and operate a community liaison office throughout
the construction of the Project to receive and respond to complaints or enquires
on environmental nuisances or pollution caused by the Project and to implement
remedial mitigation measures.
2.6 To
mitigate impacts on the rest garden as shown in Fig. 2 due to the construction
of drainage adits, tree transplantation within the garden shall be implemented
as shown in Fig. 4. The Permit Holder shall, within 4 weeks after completion of
the restoration works for the rest garden, deposit with the Director three hard copies and one electronic copy of the as-built
record of tree transplantation and restoration.
2.7 To
minimize noise impact from the repair works for the surface channels and
associated catchpits, the repairs works shall not be carried out concurrently
with other construction activities associated with the Project.
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 of the Project,
another 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 a designated project listed in Part I of Schedule 2 of the Ordinance without a valid
environmental permit.
7. Any
person who constructs 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.
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.
Table 1 Tree Schedule
|
Tree No. |
Species |
Overall Height |
Girth |
Crown Spread |
To be Retained (R)/ Transplanted (T) |
|
T01 |
Acacia confusa |
10 |
1.25 |
8 |
R |
|
T02 |
Acacia confusa |
9 |
1.25 |
8 |
R |
|
T03 |
Macaranga
tanarius |
4 |
0.4 |
4 |
T |
|
T90 |
Cratoxylum
ligustrinum |
6 |
0.7 |
3 |
T |
|
T91 |
Bauhinia
blakeana |
5 |
0.4 |
4 |
R |
|
T92 |
Bauhinia
blakeana |
5 |
0.4 |
3 |
R |
|
T93 |
Bauhinia
blakeana |
4 |
0.4 |
3 |
R |
|
T94 |
Bauhinia
blakeana |
5 |
0.45 |
5 |
R |
|
T95 |
Melaleuca
quinquenervia |
9 |
0.92 |
4 |
T |
|
T96 |
Cratoxylum
ligustrinum |
6 |
0.49 |
3 |
T |
|
T97 |
Cratoxylum
ligustrinum |
8 |
0.59 |
4 |
T |
|
T98 |
Celtis
sinensis |
5 |
0.35 |
3 |
R |
|
T99 |
Celtis
sinensis |
7 |
0.45 |
4 |
R |
|
T100 |
Celtis
sinensis |
8 |
1.8 |
6 |
R |
|
T101 |
Celtis
sinensis |
4 |
0.4 |
4 |
R |
|
T102 |
Celtis
sinensis |
4 |
0.3 |
3 |
T |
|
T103 |
Bridelia
tomentosa |
3 |
0.35 |
2 |
R |
|
T104 |
Celtis
sinensis |
3 |
0.3 |
2 |
T |
|
T111 |
Celtis
sinensis |
4 |
0.35 |
3 |
R |
|
T200 |
Caryota
ochlandra |
4 |
0.36 |
3 |
T |
|
T201 |
Caryota
ochlandra |
6 |
0.4 |
4 |
T |
|
T202 |
Caryota
ochlandra |
5 |
0.35 |
4 |
T |
|
T203 |
Caryota
ochlandra |
5 |
0.35 |
4 |
T |
|
T204 |
Caryota
ochlandra |
4 |
0.34 |
3 |
T |
|
T203a |
Caryota
ochlandra |
3 |
0.25 |
2 |
T |
Notes: This
table is to be read in conjunction with
Figure 4.
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 |
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