Environmental Permit No. EP-286/2007/B
環境許可證編號 EP-286/2007/B
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
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 Sky Shuttle Helicopters Limited
(previously known as Heli Express Limited and 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-280/2009.
The amendments, described below, are incorporated into this
Environmental Permit (EP-286/2007/B).
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 Sky Shuttle Helicopters Limited (前名 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-280/2009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/B)。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 |
|
VEP-280/2009 |
9 February 2009 2009年2月9日 |
Vary Condition 2.4 in
Part C of Environmental Permit No. EP-286/2007/A. 更改環境許可證編號EP-286/2007/A
C部第2.4項條件。 |
5 March 2009 2009年3月5日 |
|
5 March 2009 2009年3月5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)
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 Macau
Ferry Terminal [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, Hong Kong Island. The location of the Project is shown
on Figure 1 attached to this Permit. 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 one
month 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 Hong Kong Island as shown in Plan 1 (attached) shall
be adopted by helicopters when approaching or departing the heliport.
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/B
環境許可證編號 EP-286/2007/B