Environmental
Permit No. EP-272/2007/A
環境許可證編號 EP-272/2007/A
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
Sections
10 & 13
環境影響評估條例
(第499章)
第 10 及13 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 Ordinance), the Director of
Environmental Protection (the Director) grants the Environmental Permit (No.
EP-272/2007) to Drainage Services Department (hereinafter referred to as
the “Permit Holder”) on 26 April 2007.
Pursuant to Section 13 of the Ordinance, the Director amends the
Environmental Permit No. EP-272/2007 based on the Application No. VEP-241/2007. The amendments described below, are
incorporated into this Environmental Permit (No. EP-272/2007/A). This Environmental Permit as amended is
for the construction and operation of the designated project described in Part B of this Permit 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2007年4月26日將環境許可證(編號EP-272/2007)批予渠務署（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-241/2007)修訂環境許可證(編號EP-272/2007)。 以下修訂已包含在本環境許可證內(編號EP-272/2007/A)。 本經修訂的環境許可證作為建造及營辦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:
|
Application No. 申請書編號： |
VEP-241/2007 |
|
Document in the Register: 登記冊上的文件： |
(1) Drainage Improvement in
Northern Hong Kong Island – Hong Kong West Drainage Tunnel Environmental
Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A)
Manual and Executive Summary (Register No.: AEIAR-099/2006) [Hereinafter
referred to as the “EIA report”] (1) 港島北部雨水排放系統改善計劃港島西雨水排放隧道(登記冊檔號: AEIAR-099/2006) [下稱”環評報告”] (2) The Director’s letter of approval of the EIA report dated 7 April
2006 [Ref.: (28) in EP2/G/I/113] (2) 署長於2006年4月7日 發出批准環評報告的信件 [檔案編號 : (28) in EP2/G/I/113] (3) Application documents for
Environmental Permit submitted by the Permit Holder on 30 March 2007
(Application No. AEP-272/2007) [Hereinafter referred to as “the EP
Application Document”] (3) 許可證持有人於2007年3月30日提交的環境許可證申請文件包括所有附件(申請書編號: AEP-272/2007) [下稱”環境許可證申請書”] (4) Environmental Permit issued
on 26 April 2007 (No. EP-272/2007) (4) 於2007年4月26日發出的環境許可證(編號EP-272/2007) (5) Application documents for
Variation of Environmental Permit submitted by the Permit Holder on 9 October
2007 (Application No. VEP-241/2007) [Hereinafter referred to as “the VEP
Application Document”] (5) 許可證持有人於2007年10月9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-241/2007) [下稱”更改環境許可證申請書”] |
|
Application No. 申請書編號： |
Date of Application 申請日期 |
List of Amendments Incorporated
into this 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-241/2007 |
9 October 2007 2007年10月9日 |
Amend the Figure 1 attached to
the Environmental Permit (No. EP-272/2007) 更新在環境許可證編號EP-272/2007
C部的圖1 Vary Conditions 1.7, 2.1 and
2.2 in Part C of the Environmental Permit EP-272/2007. 更改在環境許可證編號EP-272/2007
C部的第1.7, 2.1, 和2.2項條件 |
26 October 2007 2007年10月26日 |
|
26 October 2007 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) |
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 |
Drainage Improvement in
Northern Hong Kong Island – Hong Kong West Drainage Tunnel [This designated
project is hereinafter referred to as “the Project”] 港島北部雨水排放系統改善計劃 - 港島西雨水排放隧道 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
To construct and operate a main
drainage tunnel and adits within the boundary of the Pok Fu Lam, Tai Tam,
Aberdeen and Lung Fu Shan Country Parks 於薄扶林、大潭、香港仔及龍虎山郊野公園範圍內建造及營辦雨水排放主隧道及連接隧道。 |
|
Location of Designated Project 指定工程項目的地點 |
The drainage tunnel alignment
starts from the Eastern Portal near Haw Par Mansion in Tai Hang and ends at
the Western Portal located to the north of Cyberport running underneath the
the Pok Fu Lam, Tai Tam, Aberdeen and Lung Fu Shan Country Parks. The locations of the main drainage
tunnel, two portals and the country parks are shown in Figures 1 to 3 attached to this Permit. 雨水排放隧道的起點始於大坑虎豹別墅邊旁的東面入水口，終點於西面出水口位於數碼港以北，途經薄扶林、大潭、香港仔及龍虎山郊野公園。主隧道、兩個出入水口及郊野公園的位置見載於本許可證夾附的圖1至3。 |
|
Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
Construction of a 6.25m-7.25m
in diameter and about 11 km long underground main drainage tunnel, 2 portals
and a series of connecting adits and drop shafts. 建造一條直徑6.25至7.25米、約長11千米的地下雨水排放主隧道、兩個出入水口及一系列連接隧道及豎井。 |
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 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 EIA Report (Register No.: AEIAR-099/2006), the EP Application Document, the
VEP Application Document, other relevant documents in the
Register, the information or 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).
All submissions or any variation of the submissions shall be certified
by the Environmental Team (ET) Leader and verified by the Independent Environmental
Checker (IEC) referred to in Conditions 2.1 and 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 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 Eastern Portal and the marine-based works at
Western Portal. 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.
1.14
The
Permit Holder shall notify the Director in writing the commencement date of operation
of the Project at least two weeks before the commencement of operation of the
Project. The Permit Holder shall notify the Director in writing immediately if
there is any change of the commencement date of the operation.
2. Special
Conditions
2.1
An ET shall be established by the Permit Holder no
later than one month
before commencement of construction of the Project. The ET shall not be in any
way an associated body of the Contractor or the IEC for the Project. The ET
shall be headed by an ET Leader. The ET leader shall be a person who has
at least 7 years of 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 (Register No. AEIAR-099/2006) of the Project.
In addition, the ET Leader shall be responsible for certifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions under this Permit. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the environmental impact assessment and each
and every non-compliance with the recommendations of the approved EIA Report
(Register No. AEIAR-099/2006), the EP Application Document and
the VEP Application Document, or this Permit. The ET Leader
shall notify the Independent Environmental Checker (IEC) within one working day
of the occurrence of any such instance or circumstance or change of
circumstances. The ET Leader’s log-book shall be kept readily available for
inspection by all persons assisting in supervision of the implementation of the
recommendations of the approved EIA Report (Register No. AEIAR-099/2006), the EP Application Document and
the VEP Application Document, or 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 commencement of construction of the Project. The IEC shall not
be in any way an associated body of the Contractor or the ET for the Project.
The IEC shall be a person who has at least 7 years of experience in EM&A or
environmental management. The IEC shall be responsible for duties defined in
the EM&A Manual (Register No. AEIAR-099/2006) of the Project 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 one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the approved EIA Report (Register
No.AEIAR-099/2006), the EP Application Document and
the VEP Application Document, or this Permit, which might affect the
monitoring or control of adverse environmental impacts from the Project.
In the case where 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, no later than two weeks before 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, no later than two weeks
before the commencement of construction of the Project, deposit with the
Director six hard
copies and one electronic copy of the construction programme showing
the commencement and completion dates of major items of construction works and
the relevant mitigation measures to be implemented. The construction programme shall be certified by the ET
Leader and verified by the IEC as conforming to the information, requirements
and recommendations set out in the approved EIA report (Register
No. AEIAR-099/2006) and the EP Application
Document. The Permit Holder shall
inform the Director accordingly in writing in case of any subsequent changes of
items contained in this submitted construction programme.
2.5
The
Permit Holder shall set up and operate a community liaison office throughout
the entire construction stage of the Project to receive and respond to
complaints or enquiries on environmental nuisances or pollution caused by the
Project and to follow up on the implementation of remedial mitigation measures.
Mitigation measures for
constructing the main drainage tunnel
2.6
To
protect the country parks, no construction works shall be carried out on the
ground surface within Tai Tam, Aberdeen, Pok Fu Lam and Lung Fu Shan Country
Parks (the locations of these country parks as shown in Figure 1 attached to this Permit).
2.7
To
minimize seepage of groundwater and to avoid potential drawdown of the
watertable during construction of the main drainage tunnel, a double-shielded Tunnel
Boring Machine shall be adopted to construct the tunnel. If alternative construction method is
to be proposed, the Permit Holder shall deposit six hard copies and one
electronic copy of the method statement with the Director no later than one
month before commencement of the main drainage tunnel construction. Before submission to the Director, the
method statement shall be certified by the ET Leader and verified by the IEC to
confirm its effectiveness in avoiding drawdown of the watertable.
Mitigation measures for
constructing the Eastern and Western Portals
2.8
To
minimize construction noise impacts, the Permit Holder shall:-
(a)
deposit
four hard copies and one electronic copy of a noise enclosure design plan with
the Director no later than 2 weeks before commencement of construction works at
the Eastern Portal. This noise
enclosure deign plan shall show: the location/layout (in the scale of 1:1000)
and design details (in the scale of 1:50 or other appropriate scale) of the
noise enclosure; and specifying the material used for the noise enclosure. The superficial surface density of the
material shall be no less than 10kg/m2. The location of the Eastern Portal is shown in Figure 2 attached to this Permit. Before submission to the Director, this
noise enclosure design plan shall be certified by the ET Leader and verified by
the IEC as conforming to the information, requirements and recommendations as
set out in the approved EIA report and the EP Application Document;
(b)
provide
the noise enclosure at the Eastern Portal in accordance with the submission
deposited under Condition 2.8(a) above; and
(c)
use
only quiet plants that shall meet noise performance specifications as stated
below to construct the Eastern and Western Portals:
(i)
Air compressor with Sound Power Level (SWL) not
exceeding 103dB(A);
(ii)
Hydraulic breaker with SWL not exceeding 110dB(A);
(iii)
Bulldozer
with SWL not exceeding 104dB(A);
(iv)
Concrete
lorry mixer with SWL not exceeding 100dB(A);
(v)
Concrete
pump with SWL not exceeding 107dB(A);
(vi)
Truck
with SWL not exceeding 104dB(A);
(vii)
Excavator
with SWL not exceeding 106dB(A);
(viii)
Wheeled
loader with SWL not exceeding 106dB(A);
(ix)
Poker
with SWL not exceeding 100dB(A);
(x)
Electric
saw, wood with SWL not exceeding 106dB(A); and
(xi)
Crane,
lorry with SWL not exceeding 102dB(A).
If other plant/plants not specified above is/are
to be used, the noise performance of this alternative proposal shall be
certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the approved EIA
report and the EP Application Document.
2.9
To
minimize water quality impacts on the marine environment near the western
waters due to the construction of the Western Portal, the Permit Holder shall:
(a)
deposit
four hard copies and one electronic copy of a silt curtain proposal with the
Director no later than 2 weeks before commencement of the marine-based
construction works at Western Portal.
The silt curtain shall enclose the site areas targeted for constructing
the stilling basin, the temporary pier and the armor rock based panel. Their respective locations are shown in
Figure 3 attached to this permit.
The silt curtain proposal shall
specify the following:
(i)
location
and alignment of the silt curtain system as shown in drawings in the scale of
1:1000;
(ii) design details as shown in
drawings in the scale of 1:50 or other appropriate scale;
(iii) inspection requirements to
ensure proper functioning of the silt curtain system; and
(iv) rectification requirements
in case of any malfunctioning of the system.
Before submission to the Director, the silt
curtain proposal shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations as set out in
the approved EIA report and the EP Application Document;
(b)
install
and maintain the silt curtain system in accordance with the proposal as
submitted under Condition 2.9(a) above; and
(c)
carry
out all construction works for the stilling basin by enclosing the entire basin
inside a temporary cofferdam to serve as a watertight enclosure to avoid
spillage of fill material or wastewater into the sea. The top level of the cofferdam shall be constructed higher
than the final backfilled level.
The cofferdam shall be maintained on site and inspected to ensure its
proper functioning until after the completion of construction of the stilling
basin.
3. Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The
EM&A programme of the Project covering air quality, noise, water quality,
waste management, ecology, cultural heritage, landscape and visual during the
construction stage and the monitoring of underground water levels during the
first year of the operation stage, shall be implemented in accordance with the
procedures and requirements as set out in the EM&A Manual (Register No.
AEIAR-099/2006) of the Project. The Permit Holder shall review the EM&A
requirements or programme based on the submitted construction programme
required under Condition 2.4.
Changes to the EM&A requirements or programme and termination of the
programme shall need justification by the ET Leader and verified by the IEC to
their conformance with the requirements as set out in the EM&A Manual; and
the prior approval from the Director shall be sought before their
implementation.
3.2
Six
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least two weeks before the commencement of
construction. The submissions shall be certified by the ET Leader and verified
by the IEC as complied with the requirements as set out in the EM&A Manual
before submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.3
Six
hard copies and one electronic copy of the monthly EM&A Reports for the
construction and operation stages shall be submitted to the Director within two
weeks after the end of the reporting month. The monthly EM&A Reports shall
include a summary of all non-compliance with the recommendations in the EIA
Report or this Permit. The submissions shall be certified by the ET Leader and
verified by the IEC as complied with the requirements as set out in the
EM&A Manual before submission to the Director. Additional copies of the
submission shall be provided upon request by the Director.
3.4
All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
3.5
Any
necessary remedial measures and actions as described in the EM&A Manual
shall be fully and properly carried out, in accordance with the time frame(s)
set out in the EM&A Manual, or as agreed by the Director.
3.6
For
timely access of information by the affected community, the Permit Holder shall
make the impact monitoring results available to the public via internet access
to be set up under Conditions 4.2 and 4.3 below. The monitoring data shall be certified by the ET Leader and
verified by the IEC before releasing to the public, in the shortest practicable
time and in no event later than 2 weeks after such information is available.
4.
Electronic Reporting of EM&A
Information
4.1
To
facilitate public inspection of the Baseline Monitoring Report and the monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the 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 Conditions 3.2
and 3.3 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
The
Permit Holder shall set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed within six weeks after the commencement of construction of
the Project. All environmental monitoring results described in Condition 4.1
above and all submissions required by this Permit shall be made available to
the public via this dedicated web site to be set up by the Permit Holder in the
shortest time practicable, and in no event later than 2 weeks after the
relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director. The Permit Holder shall maintain the dedicated website
throughout the entire construction stage and during the first operating year of
the Project to facilitate public access to environmental monitoring data.
4.3
The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA report,
the environmental permit(s) and project profile of the Project. The internet
website shall have features capable of:
(a) providing access to all environmental
monitoring data collected since the commencement of work and all submissions
under this permit;
(b) searching by date;
(c) searching by types of monitoring data;
and
(d) hyperlinks 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 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 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.
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