Environmental Permit No. EP-223/2005/A
環境許可證編號EP-223/2005/A
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條 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 EIAO), the Director of Environmental Protection (the Director) granted the
Environmental Permit No. EP-223/2005 to Drainage Services Department (hereinafter
referred to as the “Permit Holder”) on 31 August 2005. Pursuant to
Section 13 of the Ordinance, the Director amends the Environmental Permit No.
EP-223/2005 based on the Application No. VEP-273/2008. The amendments,
described below, are incorporated into this Environmetnal Permit (No.
EP-223/2005/A). This Environmental Permit as amended is for the
construction and operation of the
designated project described in Part
B subject to the conditions specified in Part C.
根據環境影響評估條例第10條的規定，環境保護署署長(署長)於
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Application No. 申請書編號：
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VEP-273/2008 |
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Document in the Register: 登記冊上的文件：
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(1)
Project
Profile – “Drainage Improvement Works in Upper Tai 工程項目簡介 – “大埔河上游河道改善工程” (登記冊編號：PP-248/2005)
(2) The Director’s letter of permission to apply directly for environmental permit dated 20 July 2005 (Reference: (16) in EP2/N5/I/44) 環境保護署署長於2005年7月20日發出批准直接申請環境許可證的信件 (檔案編號: (16) in EP2/N5/I/44)
(3) Application for Environmental Permit submitted by the Permit Holder on 3 August 2005 (Application No. AEP-223/2005) 許可證持有人於
(4) Environmental Permit issued on 31 August 2005(Permit No. EP-223/2005) 於
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Document in the Register: 登記冊上的文件：
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(5) Application document for Variation of an Environmental Permit submitted by the Permit Holder on 24 October 2008 (Application No. VEP-273/2008) 許可證持有人於
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Application No. 申請書編號
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Date of Application 申請日期
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List of Amendments Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目
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Date of Amendment 修訂日期
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VEP-273/2008 |
24 October 2008
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Vary
Condition -
Vary Figure
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Add Figure - 更改環境許可證編號 EP-223/2005的 C部的第2.9項條件 - 更改環境許可證編號 EP-223/2005的C部的圖3 - 在環境許可證編號EP-223/2005的C部加入圖4
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18 November 2008 |
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18 November 2008 |
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音) 楊國良代行 |
PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the description of the designated projects 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 Projects 指定工程項目的名稱
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Drainage Improvement Works in Upper Tai Po River [this is referred hereafter as “the Project”] [本指定工程項目下稱「工程項目」]
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Nature of
Designated Projects
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To improve the existing Upper Tai Po River to reduce the risk of flooding. 改善現有大埔河上游河道以降低水浸的危機。
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Location of Designated Project 指定工程項目的地點 |
Upper Tai 大埔河上游。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
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Approximately
(i) re-profiling of the channel and realignment of the channel; (ii) inclusion of gabions for bank protection whilst providing a natural channel bed; and (iii) reprovisioning of footbridges and footpaths along the channel.
約0.6公里長的大埔河上游將進行改善工程，以改善該河道的排水能力。工程項目範圍如本許可證夾附的圖2見載，包括 : (i) 河道重建和改道工程； (ii) 以石籠保護河岸以及提供天然河床；和 (iii) 重置沿河道的行人橋和行人道。
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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 (EIA)
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 on itself (a) constitute any ground of defence against any proceedings
instituted under any legislation or (b) 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 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 mitigation measures
described in the Project Profile (Register No.PP-248/2005), other relevant
documents in the Register, 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 made by the Director, if any,
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 variations 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 EIA 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 EIA 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 All submissions to the Director required under this
Permit shall be delivered either in person or by registered mail to the EIA
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.
1.12 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.
1.13 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. Specific Conditions
2.1
The Project shall be constructed according to the layout shown in Figure 2.
2.2
The Permit Holder shall submit to the Director for approval at least six
months before commencement of works an Environmental Monitoring and Audit
Programme setting out :
(a)
Requirements on ecological monitoring with details on monitoring
parameters, methodology, locations, frequency, duration and action plan for a
3-month baseline monitoring, impact monitoring during construction works and a
2-year post project monitoring.
(b)
Requirements on noise monitoring with details on methodology, locations,
frequency, duration and action plan during construction works.
(c)
Requirements on vibration monitoring for the Fan Sin Temple and the
Remains of Wun Yiu Pottery Kiln with details on methodology, location,
frequency, duration and a contingency plan with remedial actions when vibration
impact on the Fan Sin Temple or the Remains of Wun Yiu Pottery Kiln is detected
during construction works.
2.3
The Permit Holder shall submit a landscape plan to the Director for
approval at least three months before comencement of construction of the
Project. The plan shall include details of tree species within the
Project area to be retained, felled, transplanted and compensated.
2.4
The Permit Holder shall ensure full compliance with the requirements of
the Environmental Monitoring and Audit Programme and contingency plan and the
landscape plan approved under conditions 2.2 and 2.3 respectively. Any
proposed changes to the approved programme and plans shall be justified by the
Permit Holder and agreed by the Director.
2.5 No
percussive piling shall be carried out for the Project.
2.6 Excavation works within the Tai Po River under the Project shall be
carried out in stages and excavation area for each stage shall be limited to
section of half width of the channel and less than
2.7 Tightly sealed closed grab excavators shall be employed and site run-off
shall be directed towards regularly cleaned and maintained silt traps and
oil/grease separators to minimize leakage and loss of sediments during
excavation.
2.8 Large boulders removed from the Tai Po River within the Project during
excavation shall be re-instated upon completion of works. A section of
2.9
2.10 Capture-surveys on the Three-lined Chinese Stream Catfish (Pseudobargrus
trilineatus), Predaceous Chub (Parazacco spilurus) and Hong Kong
Newt (Paramesotriton hongkongensis) shall be conducted within the Tai Po
River under the Project before commencement of construction works of the
Project. Any of these species caught during the surveys shall be
relocated to areas of the watercourse upstream of the Tai Po River.
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 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, Transport and Works, 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-223/2005/A
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