Environmental Permit No. EP-149/2002/A
環境許可證編號
EP-149/2002/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 Ordinance), the Director of
Environmental Protection (the Director) granted the Environmental Permit
EP-149/2002 to the CIVIL ENGINEERING AND DEVELOPMENT DEPARTMENT (hereinafter referred to as the “Permit Holder”) on
11 December 2002. Pursuant to Section 13 of the Ordinance, the Director amends
the Environmental Permit (No. EP-149/2002) based on the Application No.
VEP-252/2008. The amendments, described below, are incorporated into this
Environmental Permit (No. EP-149/2002/A). This Environmental Permit as amended
is for the construction of the designated project 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12月11日將環境許可證編號 EP-149/2002 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，署長因應申請書編號 VEP-252/2008 修訂環境許可證編號
EP-149/2002。下文說明的修訂，已包含在本環境許可證內 (EP-149/2002/A)。本經修訂的環境許可證，適用於建造本許可證 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 Environmental Permit is based on the documents, approvals 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. 申請書編號 |
VEP-252/2008 |
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Document in the Register : 登記冊上的文件: |
1.
Project
Profile – “10-Year Extended LPM Project,
Phase 2, Package G – Outlying Islands Features in Sok Kwu Wan, Lamma Island”
(Register No.: PP-176/2002) 工程項目簡介 – “延續十年之防止山泥傾瀉計劃第二期G組南丫島索罟灣斜 坡” (登記冊編號：PP-176/2002) 2.
The Director’s letter of permission to apply
directly for environmental permit
dated 6 November 2002 referenced (29) in EP2/N9/Q/101 署長於2002年11月6日發出批准直接申請環境許可證的信件檔案編號 (29) in EP2/N9/Q/101 |
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Document in the Register : 登記冊上的文件: |
3.
Application
for Environmental Permit submitted by the Permit Holder on 13 November 2002
(Application No.: AEP-149/2002) 許可證持有人於2002年11月13日提交的環境許可證申請文件（申請書編號：AEP-149/2002） 4.
Environmental
Permit issued on 11 December 2002 (Permit No.: EP-149/2002) 於2002年12月11日發出的環境許可證 (許可證編號：EP-149/2002) 5.
Application
Document for Variation of an Environmental Permit submitted by the Permit
Holder on 11 February 2008 (Application No.: VEP-252/2008) 許可證持有人於2008年2月11日提交的更改環境許可證申請文件(申請書編號：VEP-252/2008) |
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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 |
Date of Amendments 修訂日期 |
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VEP- 252/2008 |
11 February 2008 2008年2月11日 |
1)
Vary
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 2)
Vary
Condition 2.2, Appendix A and Figures 2
and 4 in Part C 更改 C 部的條件第
2.2 項、附件 A 和附圖 2 及
4 |
2008年3月5日 |
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5 March 2008 |
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Date 日期 |
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(Simon
Y. M. HUI) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任 許一鳴代行) |
PART
B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of
the designated project mentioned in Part A of this environmental
permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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10-Year Extended LPM Project, Phase 2, Package
G – Outlying Islands Features in Sok Kwu Wan, [This designated project is hereinafter
referred to as “the Project”.] 延續十年之防止山泥傾瀉計劃第二期G組南丫島索罟灣斜坡 [本指定工程項目下稱“工程項目”] |
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Nature of Designated Project 指定工程項目的性質 |
To carry out landslip preventive works
including earthworks for slopes within a conservation area 在自然保育區內進行防止山泥傾瀉工程，包括土木工事。 |
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Location of Designated Project 指定工程項目的地點
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Sok Kwu Wan, 南丫島索罟灣。 The location of the Project
is shown in Figure 1 attached to this
Permit. 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 |
Landslip preventive works on 2 substandard
government slopes (numbered 15NW-C/C3 and 15NW-C/C4) falling within the
Conservation Area at Sok Kwu Wan, 在南丫島索罟灣自然保育區內為2個低於標準的斜坡(編號：15NW-C/C3和15NW-C/C4)進行防止山泥傾瀉工程，包括土木工事、裝設泥釘、改善排水工程和景觀美化工程。 |
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), Dumping at Sea
Ordinance (Cap. 466) 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 and the documents referred to in Part
A of the Permit readily available at all times for inspection by the
Director or his authorized 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 Project
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 Project site(s).
1.6
The
Permit Holder shall construct the Project in accordance with the project
description 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 recommendations described in the Project
Profile (Register No. PP-176/2002), the application for environmental permit
(Application No. AEP-149/2002) and the application document for variation of an
environmental permit (Application No. VEP-252/2008), other relevant documents
in the Register, the information and mitigation measures described in this
Permit, 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
deposited 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 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 (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 places, 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
The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one month prior to the commencement
of construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
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
Slope No. 15NW-C/C3
2.1
To
prevent the public from trespassing into and to maintain the moist vegetated area as a suitable habitat for
Romer’s Tree Frogs below the slope, a fence shall be erected before the
commencement of construction in accordance with Figure 2 attached to this Permit, and be
maintained in place throughout the construction period.
2.2
To
minimize the disturbance to and mitigate the impact of the moist vegetated area
below the slope:
(a)
a
temporary staging shall be erected at the toe of the slope as shown in Figure 2 attached to this Permit before the
commencement of construction. The Permit Holder shall maintain the temporary
staging in place throughout the construction period in accordance with the
details stated in Appendix A;
(b)
a moist
vegetated habitat shall be created and maintained at the toe of the slope as
shown in Figure 2 of this Permit in accordance with the details
stated in Appendix A; and
(c)
a gabion barrier
with width not more than 3 m shall be erected behind the football field as
shown in Figure 2 of this Permit in
accordance with the details stated in Appendix A.
2.3
To
protect the secondary forest behind the slope, the landslip preventive works
shall not encroach into the secondary forest beyond the site boundary shown in Figure 2 attached to this Permit.
2.4
The
Permit Holder shall employ an ecologist with at least 3 years of direct
experience in surveying, handling and caring for captive Romer’s Tree Frogs, to
carry out the proposed mitigation measures to minimize impacts on Romer’s Tree
Frogs at the moist vegetated area below the slope.
2.5
The
proposed mitigation measures stated in Condition 2.4 shall include measures to
protect Romer’s Tree Frogs to be specified in the Translocation Manual and to
be agreed in accordance with Condition 2.6. The mitigation measures in the
Project Profile and to be proposed in the Translocation Manual shall be fully
implemented.
2.6
The
Translocation Manual to be prepared in accordance with Condition 2.8 shall be
submitted to the Director for agreement at least 2 months before the
commencement of the baseline survey. Five hard copies and one electronic copy
of the agreed manual shall be provided to the Director. Condition 1.12 on the
submission of the electronic copy shall be observed.
2.7
The
baseline survey shall commence not less than 8 weeks before the commencement of
construction. The duration of the baseline survey shall not be less than 8
weeks.
2.8
To reduce the potential stress on Romer’s Tree
Frogs and to facilitate proper implementation of the proposed mitigation
measures, the ecologist, on behalf of the Permit Holder, shall prepare a
detailed Translocation
Manual for the translocation exercise for the Romer’s
Tree Frogs. The manual shall include:
Baseline
Survey, Collection and Transportation of Romer’s Tree Frogs before Construction
(a)
A
detailed time schedule for conducting the baseline survey and the
translocation of Romer’s Tree Frogs, eggs and tadpoles;
(b)
Detailed
arrangements for collecting Romer’s Tree Frogs, eggs and tadpoles;
(c)
Arrangements for transporting Romer’s Tree Frogs, eggs and tadpoles from the moist
vegetated area below the slope to the facility for keeping and breeding them (hereinafter referred to as the "Holding
Facility");
Keeping Romer’s Tree Frogs in Captivity
(d)
The work
schedule and set-up requirement of the Holding Facility to keep and breed Romer’s Tree Frogs, eggs and tadpoles;
Water Quality Monitoring at the Moist Vegetated Area below the
Slope during Construction
(e)
Methods to determine
the acceptable range of water quality at the moist vegetated area below the
slope and details of potential mitigation measures to be implemented in case
water quality deteriorates during the landslip preventive works;
Releasing Romer’s Tree Frogs back to the Moist Vegetated Area below the Slope after
Construction
(f)
Methods to determine
the acceptability of the moist vegetated area below the slope for the release
of captive Romer’s Tree Frogs after
completing the landslip preventive works;
(g)
Arrangements for transporting Romer’s Tree Frogs from the Holding Facility to the
moist vegetated area below the slope;
(h)
Contingency measures
if the establishment of Romer’s Tree Frogs
at the moist vegetated area below the slope is found to be infeasible or
unsuccessful; and
(i)
Arrangements to
monitor Romer’s Tree Frogs after
release.
Slope
No. 15NW-C/C4
2.9
To avoid
encroachment of the landslip preventive works into the woodland behind the
slope, a fence shall be erected before the commencement of construction in
accordance with Figure 3 attached to
this Permit, and be maintained in place throughout the construction period.
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, 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 Environmental Impact Assessment Ordinance (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 Project site by the
amended permit.
4.
A person who assumes the responsibility for the
whole or a part of the Project may, before he assumes responsibility of the
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,
suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit
shall be removed from display at the Project 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 Project could be continued. It is an
offence under Section 26 (1) of the Ordinance to construct a designated project
listed in 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.
Environmental Permit No. EP-149/2002/A
Appendix
A (as referred to in Condition 2.2)
The
temporary staging, habitat creation and gabion barrier at slope no. 15NW-C/C3
Indicative
details for the temporary staging, habitat creation and gabion barrier are
illustrated in Figure 4 attached to this
Permit. In particular, the following features shall be complied with :
Temporary Staging
1.
To
minimize disturbance to the moist vegetated area below the slope due to the
erection of the temporary staging, the
footing and other support for the temporary staging shall not be placed more
than 3m from the toe of the slope. (Indicative details of temporary staging in Figure 4)
2.
To
prevent run-off contaminated by grouts, chemicals or other artificial agents
used in the landslip preventive works from entering the moist vegetated area at
the toe of the slope, the gap between the slope face and the temporary staging
shall be sealed off where there is a potential for spillage of or run-off
contamination by the above contaminants. (Detail 1 in Figure 4)
3.
To
collect and divert contaminated water away from the moist vegetated area below
the slope, a temporary drainage system shall be provided for the temporary
staging. (Detail 2 in Figure 4).
Habitat Creation
4.
To
compensate the loss of habitat due to the erection of the gabion barrier, the
size of the habitat creation shall not be less than 150
m2.
5.
To
create the moist vegetated habitat, rockfall debris
against the rock slope shall be removed and water poundings of about 300mm deep
shall be formed at the toe of the slope. (Indicative details of habitat creation in Figure 4)
6.
To
improve the quality of the created habitat for Romer’s
Tree Frog, vegetation including native tree/shrub species already present in
the surrounding moist vegetated area shall be planted at the created habitat.
Gabion
Barrier
7.
The
width and the height of the about 50m long gabion barrier shall not be more
than 3m and 4m respectively. (Indicative details of gabion barrier in Figure 4)
8.
Rockfall
debris arising from the habitat creation shall be reused to construct the
gabion barrier.
9.
The
gabion barrier shall be vegetated.
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| Figure 1 | Figure 2 | Figure 3 | Figure 4 |