Environmental Permit No. EP-244/2006/A
環境許可證編號 EP-244/2006/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第 10 及13 條
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
(EIAO), the Director of Environmental Protection (the Director) granted the Environmental
Permit (No. EP-244/2006) to Hong Kong Kartingsport Association Limited
(hereinafter referred to as the “Permit Holder”) on
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2006年3月28日將環境許可證 (編號
EP-244/2006) 批予Hong Kong Kartingsport Association Limited（下稱“許可證持有人”）。根據環評條例第13條的規定，署長因應更改環境許可證的申請編號VEP-226/2006修訂環境許可證(編號EP-244/2006)。以下修訂已包含在本環境許可證內(編號EP-244/2006/A)。本經修訂的環境許可證作為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。
The issue
of this amended Environmental Permit is based on the documents, approvals or
permissions described below:
本經修訂的環境許可證是依據下列文件、批准或許可而簽發﹕
|
Application
No. 申請書編號： |
VEP-226/2006 |
|
Document in the
Register: 登記冊上的文件： |
(1) Proposed Karting Track in D.D.134, Lung Kwu
Sheung Tan, Tuen Mun : Environmental Impact Assessment (EIA) Report and
Executive Summary (Register No.: AEIAR-096/2006) [Hereinafter referred
to as the “EIA Report”] (1) 在屯門龍鼓上灘丈量約份134號(D.D.134)內擬建小型賽車場: 環境影響評估報告及環評行政摘要
(登記冊編號: AEIAR-096/2006) [下稱「環評報告」] (2) The Director’s letter of approval of the
EIA report dated (2)
署長於2006年3月2日發出批准環評報告的信件（檔案編號: (13) in EP2/N4/O/91 Pt.2） (3) Application for
Environmental Permit submitted by the Permit Holder on (3)
許可證持有人於2006年 3 月
4 日提交的環境許可證申請（申請書編號：AEP-244/2006） (4) Environmental Permit (Permit No. EP-244/2006)
issued on (4) 於2006年3月28日發出的環境許可證(許可證編號：EP-244/2006) (5)
Application for Variation of an Environmental Permit including all
attachments submitted by the Permit Holder on (5) 許可證持有人於2006年11月7日提交的更改環境許可證申請包括所有附件（申請書編號：VEP-226/2006） |
|
Application
No. |
Date
of Application |
List
of Amendments Incorporated into this
Environmental Permit |
Date
of Amendment |
|
VEP-226/2006 |
2006年11月7日 |
Vary
Conditions 3.1 and 3.3 in Part C of the Environmental Permit No. EP-244/2006 更改環境許可證編號 EP-244/2006 C部的第3.1及3.3項條件 |
2006年12月4日 |
|
Date 日期 |
|
(WONG Hong-meng) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃漢明 代 行) |
PART B (DESCRIPTIONS OF
DESIGNATED PROJECT)
Hereunder is the
description of the designated project mentioned in PartA 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 |
Proposed Karting Track in
D.D.134, Lung Kwu Sheung Tan, Tuen Mun. [This designated project is hereinafter
referred to as “the Project”] 在屯門龍鼓上灘丈量約份134號(D.D.134)內擬建小型賽車場。 [這指定工程項目下稱“工程項目”] |
|
Nature of
Designated Project |
A motor racing circuit. 賽車場。 |
|
Location of
Designated Project 指定工程項目的地點 |
D.D.134, Lung Kwu Sheung
Tan, Tuen Mun. The location of
the Project is shown in Figure 1 attached to this Permit. 屯門龍鼓上灘丈量約份134 號。 工程項目的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The
construction and operation of an outdoor karting track designed to
international standard for kart racing. Overall
track length is about 900m, in a site of about 1.8 ha. (see
Figure 2). |
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 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 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 and operate 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, constructed and
operated in accordance with the information and all recommendations described
in the approved EIA Report (Register No.: AEIAR-096/2006), other relevant
documents in the Register; and the information or mitigation measures described
in this Permit, and 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 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 as specified by the
Director.
1.9
All
submissions approved by the Director, all submissions deposited without
comments by the Director, and 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 Ordinance.
1.10
The
Permit Holder shall release all finalised 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, or by any means as specified by the
Director, for public inspection. For
this purpose, the Permit Holder shall provide sufficient copies of the
submissions.
1.11
The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project 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.
1.12
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 finalised 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 hardcopies.
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.
Submission before Commencement of Construction of the Project
2.1 The Permit Holder shall, within one month 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.
3. Measures
during Construction and Operation of the Project
Measures
to mitigate environmental impacts
3.1 No more than 220 persons,
including 20 staff, shall be allowed on site at any time. The karting track site shall not be
operated outside the time period of 09:30 hours to 23:00
hours from Monday to Sunday. No
karts shall run on the track within the period of 22:30 hours to 09:30 hours
from Monday to Sunday.
3.2 No more than 40 karts shall be allowed on the track at any time for training. No more than 34 karts shall be allowed on the track at any time for racing matches. All sessions of kart running shall be no more than 30 minutes, including running time and break time. This measure is subject to further restrictions in Conditions 3.11(b) and (c) below.
3.3 All karts that run on the track shall be powered by a Rotax Max FR125 2-stroke single cylinder engine with a displacement of 125 c.c., with a maximum power output of 21 kW or Honda/Zongshen GX200 4-stroke single cylinder engine with a displacement of 196 c.c., with a maximum power of 4.8kW. All karts shall use normal unleaded gasoline fuel. Karts powered by a Rotax Max FR125 2-stroke single cylinder engine shall be equipped with intake silencer to reduce the noise from exhaust system.
Measures to mitigate noise impacts
3.4 No
more than 5 sets of Public Address (PA) system, each with 2 speakers, shall be
allowed on site. All PA systems
shall have a sound power level of no more than 104dB(A). The PA systems shall be allowed to
operate for not more than 5 minutes in every half-hour period. This measure is subject to further
restrictions in Condition 3.11(d) below.
Measures
to mitigate land contamination impacts
3.5 Only minor maintenance of the karts including use of lubricants, chain oil and brake cleaner shall be allowed to be performed in the kart repair / maintenance area on site, as shown in Figure 2. No engine maintenance work shall be carried out on site.
3.6 As shown in Figure 2, the karting track shall be paved with asphaltic concrete. The kart service area and kart repair / maintenance area shall be paved with concrete.
Measures to mitigate air quality, water quality and land contamination impacts
3.7 Only one standard 18 litre safety petrol tank shall be allowed on site for kart re-fueling purpose. Kart re-fueling shall be carried out in the kart service area, which shall be provided with a roof, as shown in Figure 2.
Measures to mitigate landscape and visual impacts
3.8 No tree felling or slope cutting shall be allowed on site.
3.9 The following landscape planting shall be implemented prior to commencement of operation of the Project, as shown in Figure 3, and shall be properly maintained during the operation of the Project:
(a) Bamboo – Bambusa vulgaris or Bambusa textiles installed at a size of 1m height; and
(b)
Climbers – Bouganvillea
species installed in 15cm diameter pot size.
3.10 The kart maintenance structures shall be
painted green and constructed to appear as small houses in order to minimize
any potential visual impacts, as shown in Figure 4.
Measures to mitigate environmental impacts in the event that the existing on-site village house is used for noise
sensitive purpose
3.11 In the event that the existing on-site
village house, as shown in Figure 5, is used for noise sensitive purpose
as defined in Annex 13 of the Technical Memorandum on Environmental Impact
Assessment Process issued under the Ordinance, the following noise mitigation
measures shall be implemented:
(a) the erection and proper maintenance of a 7.5m high noise barrier to enclose the north and west- facing facades of the house, as shown on Figure 5. The noise barrier shall be constructed, using materials with a density of not less than 10kg/m3, such that there shall be no direct line of sight between the house and the karting track;
(b) no more than 24 karts shall be allowed on the track at any time;
(c)
all karting runs on the track
shall be restricted to no more than 15 minutes during any half-hour period; and
(d)
no more than 3 sets of PA
systems shall be allowed on site, with the nearest PA system at a minimum
distance of 81m from the house. All
PA systems shall have a sound power level of no more than 104dB(A).
3.12 In the event that the existing
on-site village house, as shown in Figure 5, is used for noise sensitive
purpose as defined in Annex 13 of the Technical Memorandum on Environmental
Impact Assessment Process issued under the Ordinance, the following landscape
mitigation measures, as shown in Figure 6 shall be implemented and
properly maintained for the noise barrier mentioned in Condition 3.11(a) above:
(a) Bamboo – Bambusa vulgaris or Bambusa textiles installed at a size of 1m height; and
(b) Climbers – Bouganvillea species installed in 15cm diameter pot size.
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 construction or operation of 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 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.
Environmental Permit No. EP-244/2006/A
環境許可證編號 EP-244/2006/A
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 |
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