Environmental Permit No. EP-244/2006/B
環境許可證編號EP-244/2006/B
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 28 March 2006. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit No. EP-244/2006/A based on the Application No. VEP-272/2008. The amendments described below are incorporated into this Environmental Permit (No. EP-244/2006/B). 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 of this Permit.
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
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﹕
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Application No. 申請書編號： |
VEP-272/2008
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Document in the Register: 登記冊上的文件：
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(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 March 2006
(Reference: ( 13 ) in EP2/N4/O/ (2) 署長於 (3) Application for Environmental Permit submitted by the Permit Holder on 4 March 2006 (Application No. AEP-244/2006) (3)
許可證持有人於 (4) Environmental Permit (Permit No. EP-244/2006) issued on 28 March 2006 (4) 於 (5) Application for Variation of an Environmental Permit including all attachments submitted by the Permit Holder on 7 November 2006 (Application No. VEP-226/2006) (5) 許可證持有人於 (6) Environmental Permit (Permit No. EP-244/2006/A) issued on 4 December 2006 (6) 於 (7) Application for Variation of an Environmental Permit including all attachments submitted by the Permit Holder on 6 October 2008 (Application No. VEP-272/2008) (7) 許可證持有人於 |
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Application No. |
Date of Application |
List of Amendments Incorporated into this Environmental Permit |
Date of Amendment |
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VEP-226/2006
VEP-272/2008 |
7 November 2006
6 October 2008 |
Vary Conditions 3.1 and 更改環境許可證編號 EP-244/
Vary Conditions 3.3 and 3.11 (b) in Part C of the Environmental Permit No. EP-244/2006/A 更改環境許可證編號 EP-244/2006/A C部的第3.3及3.11(b) 項條件 |
4 December 2006
3 November 2008 |
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3 November 2008 Date 日期
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(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)
B部 (指定工程項目的說明)
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:
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Title of Designated Project 指定工程項目的名稱
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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”]
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Nature of
Designated Project
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A motor racing circuit. 賽車場。 |
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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。
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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 建造及營辦符合國際小型賽車標準的戶外小型賽車場。賽道總長度約為 |
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:
(a) Yamaha KT100 2-stroke
single cylinder engine with a displacement of 97.6 c.c., with a maximum power
output of 10.4 kW; or
(b) ROK 125 2-stroke
single cylinder engine with a displacement of 125 c.c., with a maximum output
of 22 kW; or
(c) Honda/Zongshen GX200
4-stroke single cylinder engine with a displacement of 196 c.c., with a maximum
power of 4.8 kW; or
(d) Rotax Max FR125 2-stroke single
cylinder engine equipped with intake silencer with a displacement of 125 c.c.,
with a maximum power output of 21 kW.
All
karts shall use normal unleaded gasoline fuel.
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 18 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/B
環境許可證編號 EP-244/2006/B
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