Environmental Permit No. EP-286/2007/A
環境許可證編號 EP-286/2007/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10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 EIAO), the
Director of Environmental Protection (the Director) granted the environmental
permit (EP-286/2007) to Heli Express Limited (hereinafter
referred to as the “Permit Holder”) on 27 Sep 2007. Pursuant to Section 13 of the EIAO, the
Director amends the Environmental Permit based on the Application No.
VEP-254/2008. The amendments,
described below, are incorporated into this Environmental Permit
(EP-286/2007/A). This Environmental
Permit as amended is for the operation and 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2007年9月27日將環境許可證(編號EP-286/2007)批予 Heli
Express 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-254/2008修訂環境許可證。以下修訂已包含在本環境許可證內(編號EP-286/2007/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-254/2008 |
|
Document in
the Register : 登記冊上的文件： |
(1) Expansion of Heliport Facilities at
Macau Ferry Terminal: Environmental Impact Assessment (EIA) Report, Executive
Summary and Environmental Monitoring & Audit (EM&A) Manual (Register
No.: AEIAR-095/2006) [Hereinafter referred to as the “EIA Report”] (1) 港澳碼頭直升機場設施擴建環境影響評估研究: 環境影響評估報告,行政摘要及環境監察及審核手冊 (登記冊編號: AEIAR-095/2006) [下稱「環評報告」] (2)
The Director’s letter of approval
of the EIA report with Conditions dated 8 February 2006 (Reference: (2) in
EP2/H3/B/165 Pt.4) (2) 署長於2006年2月8日發出批准環評報告的信件(檔案編號(2)inEP2/H3/B/165 Pt.4） (3) Application for Environmental Permit
submitted by the Permit Holder on 3 September 2007 (Application No. AEP-286/2007) (3)
許可證持有人於2007年9月3日提交的環境許可證申請（申請書編號：AEP-286/2007） (4)
Environmental
Permit (Permit No. EP-286/2007) issued on 27 Sep 2007 (4) 於2007年9 月27日發出的環境許可證(許可證編號：EP-286/2007) (5)
Application
documents for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 6 March 2008 (Application No. VEP-254/2008) (5) 許可證持有人於2008年3月6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-254/2008) |
|
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-254/2008 |
6 March 2008 2008年3月6日 |
Vary Condition 2.4 in Part C of Environmental Permit No. EP-286/2007. 更改環境許可證編號EP-286/2007 C部第2.4項條件。 |
31 March 2008 2008年3月31日 |
|
31 March 2008 2008年3月31日 |
|
|
|
|
Date 日期 |
|
(Mrs. Shirley LEE) Principal Environmental Protection Officer for the Director of
Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲 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
Projects 指定工程項目的名稱 |
Expansion of Heliport Facilities at [The above designated projects are hereinafter referred to as “the
Project”] 港澳碼頭直升機場設施擴建 [上列指定工程項目下稱“工程項目”] |
|
Nature
of Designated Projects |
A helipad within 300 m of existing or planned residential
development. 在現有的或計劃中的住宅發展 300米 內的直升機升降場。 |
|
Location of Designated
Projects 指定工程項目的地點 |
Macau
Ferry Terminal, Sheung Wan, 香港島上環港澳碼頭。工程項目的地點如本環境許可證的圖1所示。 |
|
Scale and Scope of
Designated Project(s) 指定工程項目的規模和範圍 |
(a)
Construction and operation of a new elevated
landing/take-off helipad of size of about 42m x 42m to the east of the
existing helipad, and other related works; (a)
於現有升降坪東面建造及營辦一個新的高架直升機升降坪，其面積最大約為 42米 x 42米, 及其他相關設施。 |
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 the
Civil Aviation Ordinance (Cap. 448), Civil Aviation (Aircraft Noise) Ordinance
(Cap. 312), 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 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 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 and ensure that such person(s) fully
understands all conditions and all requirements incorporated by the
Permit. The site refers to the site
of the Project and should mean the same hereinafter.
1.5
The Permit Holder shall display conspicuously a copy
of this Permit on the site 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 site.
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 and implemented in accordance with the information and recommendations
described in the EIA Report and Approval Conditions (Register No. AEIAR-095/2006);
the
Application for Environmental Permit (Application No. AEP-286/2007) received on 3 September 2007, other relevant documents in the Register; and
the information 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 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. All
submissions or any variations of the submissions made after the establishment
of an Environmental Team (ET) and employment of an Independent Environmental
Checker (IEC) referred to in Conditions 2.1 and 2.2 below shall be certified by
the ET Leader and verified by the IEC 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, 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 date of commencement of construction of the Project at least 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. The
Permit Holder shall notify the Director in writing the date of completion of construction
of the Project within one month of the completion of construction of the
Project.
1.12
The Permit Holder shall notify the Director in
writing the date of commencement of operation of the Project at least one month
prior to 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.
1.13
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.
1.14
For the purpose of this Permit, “commencement of
construction of the Project” does not include works related to site clearance
and preparation or other works as agreed by the Director.
2.
Special
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. 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 duties defined in the EM&A Manual of
the EIA Report. The ET Leader shall be responsible for the implementation of
the EM&A programme in accordance with the EM&A requirements as contained
in the EM&A Manual. 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 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 EIA Report recommendations 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. The ET shall not be in any way an associated body of
the Contractor or the IEC for the Project.
2.2
An Independent Checker (Environment) or Independent
Environmental Checker ( IC(E) or IEC ), hereinafter referred to as the IEC, shall
be employed by the Permit Holder no later than one month before the
commencement of construction of the Project. The IEC shall be a person who has at
least 7 years' experience in environmental monitoring and audit (EM&A) or
environmental management. The IEC
shall be responsible for the duties defined in the EM&A Manual of the EIA
Report, and shall audit the overall EM&A programme described in the EIA
Report, 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 occurrence, change of circumstances or
non-compliance with the EIA Report or this Permit, which might affect the
monitoring or control of adverse environmental impact. 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. The IEC shall not be in any way an associated body of the
Contractor or the Environmental Team for the Project.
2.3
The Permit Holder shall, within one month after the
commencement of construction of the Project, inform the Director in writing of
the management organization of the main companies and/or any form of joint
ventures associated with the carrying out of the Project. The submitted
information shall include at least an organization chart, names of responsible
persons including the ET Leader and the IEC, and their contact details.
Submission prior to Commencement of Operation of the Project
2.4
To ensure attainment and maintenance of an
acceptable environmental quality, the Permit Holder shall, no later than two months
before the commencement of operation of the
Project and in any event not later than 28 February
2009, whichever is the earlier, submit to the Director for approval, a
document containing documentary proof and/or an implementation plan to
demonstrate how and when all the Conditions for Approval for the EIA Report (Register
No.: AEIAR-095/2006) will be fully complied with. The Conditions for Approval for the EIA
Report are reproduced here :
“1. No helicopter operation within the
heliport shall be allowed between 11:00pm and 8:00am (the next day) inclusive.
2. The
flight path to be shifted further north of the coast of
3. Helicopter
type(s) less noisy than S76C+ helicopter type shall be employed at the heliport
either:
a.
immediately when the new heliport commences operation; or
b.
to phase out the use of S76C+ helicopter type in 5 years’
time after the new heliport commences operation; or
c.
the Civil Aviation Department to work out a practicable
5-year plan to adopt less noisy helicopter type.
4. During
the evening period between 7:00pm to 11:00pm, in order to reduce helicopter
noise to the best practicable level, the scheduling of helicopter movements
shall be subject to the following:
a.
the total number of helicopter movements operating from the
new and existing heliports shall not exceed 34;
b.
the total number of helicopter movements operating from the
new heliport shall not exceed 22;
c.
when the total number of helicopter movements operating from
the new and existing heliports for the same evening is 22 or less, all these
movements shall only be allowed to arrive or depart via the new heliport so as
to maximize the better noise shielding effect of the new heliport over the
existing one; and
d.
when the total number of evening helicopter movements
operating within the new and existing heliports for the same evening exceeds
22, 22 number of the these movements shall arrive or depart via the new
heliport, especially if S76C+ helicopter type is still in use.
5. When less noisy
helicopter type(s) are available for use at the heliport following from the
above Condition No. 3.:
a.
the use of the less noisy helicopters for the evening period
shall be maximized to reduce the evening helicopter noise impacts; and
b.
if some more noisy
helicopters are still needed to be used at the heliport, priority shall be
given to the more noisy helicopters to use the new heliport to take advantage
of the better shielding effect of the new heliport over the existing one so as
to reduce the evening helicopter noise impacts.”
Mitigation Measures during Construction Stage
2.5
No dredging and/or marine piling shall be carried
out for the construction of the Project.
3.
Environmental Monitoring and Audit (EM&A)
for the Project
3.1
The EM&A programme shall be implemented as set
out in the EM&A Manual of the EIA Report. 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 submitted to the Director for approval.
3.2
A complaint investigation procedure shall be set up at
least two weeks before the commencement of construction of the Project. The complaint investigation procedure
shall follow the requirements set out in the EM&A programme. 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
3.3
All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
3.4
Four hard copies and one electronic copy of monthly
EM&A Report shall be submitted to the Director within two weeks after the
end of the reporting month. Additional copies of the submission shall be
provided to the Director upon request from the Director.
3.5
The actions described in the Event/Action Plans of
the EM&A Manual shall be fully and properly carried out, in accordance with
the time frame(s) set out in the Event/Action Plan, or as agreed by the
Director.
Operational Stage Helicopter Noise Monitoring
3.6
As part of the EM&A programme, operational stage
noise monitoring of helicopter shall be carried out for 6 years as specified in
the EM&A Manual of the EIA Report and at the frequency listed below:
(a)
first year of operation – monthly monitoring;
(b)
second to fifth year of operation – quarterly
monitoring;
(c)
sixth year – half-yearly monitoring
3.7 The
monitoring frequency shall be reviewed in light of the monitoring data or in
case of any change in helicopter type and flight frequency. All monitoring data shall be reported
and uploaded to the internet website referred to in Condition 4.3 below.
4.
Electronic Reporting of EM&A Information
4.1
To facilitate public inspection of monthly 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 3.4 of
this Permit. For the HTML version, a content page capable of providing
hyperlinks to each section and sub-section of these Reports shall be included
at the beginning of the document. Hyperlinks to all figures, drawings and
tables in these Reports shall be provided in the main text 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 shall be the same as the hard copies.
4.2
All environmental monitoring data 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 two weeks after the
relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director.
4.3
The Permit Holder shall notify the Director in
writing, within six weeks after the commencement of the Project, the internet
address where the environmental monitoring data are to be placed. The internet
address and the relevant environmental monitoring data shall be made available
to the public via the EIAO Internet Website and the EIAO Register Office.
4.4
The internet website as described in Condition 4.3
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 the Project;
(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.
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 Project site by the amended
permit.
3.
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.
4.
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.
5.
If this Permit is cancelled or surrendered during 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 Part I of Schedule 2 of the Ordinance without a
valid environmental permit.
6.
Any person who carries out 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.
7.
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.
8.
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.
9.
Civil aviation issues are governed by the Civil
Aviation Ordinance (Cap. 448) and Civil Aviation (Aircraft Noise) Ordinance
(Cap. 312). The Permit Holder is advised to contact
the Civil Aviation
Department for requirements relating to civil aviation issues.
Environmental
Permit No. EP-286/2007/A
環境許可證編號 EP-286/2007/A