Environmental Permit No. EP-272/2007/B
環境許可證編號EP-272/2007/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 13
環境影響評估條例
(第499章)
第 10 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 Ordinance), the Director of Environmental
Protection (the Director) grants the Environmental Permit (No. EP-272/2007) to Drainage Services Department
(hereinafter referred to as the “Permit Holder”) on 26 April 2007. Pursuant to Section 13 of the Ordinance,
the Director amends the Environmental Permit (EP-272/2009/A) based on the
Application No. VEP-292/2009. The
amendments described below, are incorporated into this Environmental Permit
(No. EP-272/2007/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.
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 environmental permit is
based on the documents, approvals or permissions described below:
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-292/2009 |
Document in
the Register: 登記冊上的文件: |
(1) Drainage Improvement in (1) 港島北部雨水排放系統改善計劃港島西雨水排放隧道(登記冊檔號: AEIAR-099/2006) [下稱”環評報告”] (2) The Director’s letter of approval of
the EIA report dated 7 April 2006 [Ref.:
(28) in EP2/G/I/113] (2) 署長於 (3) Application documents for Environmental
Permit submitted by the Permit Holder on 30 March 2007 (Application No.
AEP-272/2007) [Hereinafter referred to as “the EP Application Document”] (3) 許可證持有人於 (4) Environmental Permit issued on 26
April 2007 (No. EP-272/2007) (4) 於 (5) Application documents for Variation of
Environmental Permit submitted by the Permit Holder on 9 October 2007
(Application No. VEP-241/2007) [Hereinafter referred to as “the VEP
Application Document (VEP – 241/2007)”] (5) 許可證持有人於 (6) Environmental Permit issued on 26
October 2007 (No. EP-272/2007/A) (6) 於 (7) Application documents for Variation of
Environmental Permit submitted by the Permit Holder on 18 June 2009
(Application No. VEP-292/2009) [Hereinafter referred to as “the VEP
Application Document (VEP-292/2009)”] (7) 許可證持有人於 |
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-241/2007 |
9 October 2007 |
Amend the Figure 1 attached to the Environmental
Permit (No. EP-272/2007) Vary Conditions 1.7, 2.1 and 更改在環境許可證編號EP-272/ |
26
October 2007 |
VEP-292/2009 |
18 June 2009 |
Vary Condition 更改在環境許可證編號EP-272/2007/A C部的第2.9項條件。 Amend the Figure 3 attached to the Environmental
Permit (No. EP-272/2007/A). |
25 June 2009 |
25 June 2009 ___________________________ Date 日期 |
|
(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 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 Project 指定工程項目的名稱 |
Drainage Improvement in 港島北部雨水排放系統改善計劃 - 港島西雨水排放隧道 [這指定工程項目下稱“工程項目”] |
Nature of Designated Project |
To construct and operate a main drainage tunnel and
adits within the boundary of the Pok Fu Lam, Tai Tam, Aberdeen and Lung Fu
Shan Country Parks 於薄扶林、大潭、香港仔及龍虎山郊野公園範圍內建造及營辦雨水排放主隧道及連接隧道。 |
Location of Designated Project 指定工程項目的地點 |
The drainage tunnel alignment starts from the
Eastern Portal near Haw Par Mansion in Tai Hang and ends at the Western
Portal located to the north of Cyberport running underneath the the Pok Fu Lam,
Tai Tam, Aberdeen and Lung Fu Shan Country Parks. The locations of the main drainage
tunnel, two portals and the country parks are shown in Figures 1 to 3
attached to this Permit. 雨水排放隧道的起點始於大坑虎豹別墅邊旁的東面入水口,終點於西面出水口位於數碼港以北,途經薄扶林、大潭、香港仔及龍虎山郊野公園。主隧道、兩個出入水口及郊野公園的位置見載於本許可證夾附的圖1至3。 |
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction of a 建造一條直徑6.25至7.25米、約長11千米的地下雨水排放主隧道、兩個出入水口及一系列連接隧道及豎井。 |
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), Waste Disposal Ordinance (Cap.
354) and Country Parks Ordinance (Cap. 208). 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 EIA
Report (Register No.: AEIAR-099/2006), the EP Application Document, the VEP Application
Documents, other relevant documents in the Register, the information or mitigation
measures described in this Permit, mitigation measures to be recommended in
submissions that shall be deposited with 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 specified by the Director.
1.9
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). All submissions or any
variation of the submissions shall be certified by the Environmental Team (ET)
Leader and verified by the Independent Environmental Checker (IEC) referred to
in Conditions 2.1 and 2.2 below, 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
place, 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
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 1.3 or later), unless otherwise agreed by the
Director and shall be submitted at the same time as hard copies.
1.12
The Permit Holder
shall notify the Director in writing the commencement date of construction of
the Project at least two weeks before the commencement of construction of the
Project, the Eastern Portal and the marine-based works at Western Portal. 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.
1.14
The Permit Holder
shall notify the Director in writing the commencement date of operation of the
Project at least two weeks before 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 of the operation.
2. Special
Conditions
2.1
An ET shall be established by the Permit Holder no
later than one month before commencement
of construction of the Project. The ET shall not be in any way an associated
body of the Contractor or the IEC for the Project. The ET shall be headed by an
ET Leader. The ET leader shall be a person who has at least 7 years of
experience in environmental monitoring and auditing (EM&A) or environmental
management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the requirements as
contained in the EM&A Manual
(Register
No. AEIAR-099/2006) of the Project. In addition, the ET
Leader shall be responsible for certifying the environmental acceptability of
permanent and temporary works, relevant design plans and submissions under this
Permit. 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 approved EIA Report (Register No. AEIAR-099/2006), the EP Application Document and the VEP Application
Documents, or this Permit. The ET Leader shall notify the Independent Environmental
Checker (IEC) within one working day of the occurrence of any such instance or
circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the approved EIA Report (Register No. AEIAR-099/2006), the EP Application Document and the VEP Application
Documents, or 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.
2.2
An IEC shall be employed by the Permit Holder no
later than one month before
commencement of construction of the Project. The IEC shall not be in any way an
associated body of the Contractor or the ET for the Project. The IEC shall be a
person who has at least 7 years of experience in EM&A or environmental
management. The IEC shall be responsible for duties defined in the EM&A
Manual (Register No. AEIAR-099/2006) of the Project and shall audit the overall
EM&A programme, 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 one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the approved EIA Report (Register
No.AEIAR-099/2006), the EP Application Document and the VEP
Application Documents, or this Permit, which might affect the monitoring
or control of adverse environmental impacts from the Project. In the case
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.
2.3
The Permit Holder
shall, no later than two weeks before 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.
2.4
The Permit Holder shall, no later than two weeks
before the commencement of construction of the Project, deposit with the Director six hard copies and one electronic copy of the construction programme showing the
commencement and completion dates of major items of construction works and the
relevant mitigation measures to be implemented. The construction programme shall be
certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations set out in the approved EIA
report (Register No. AEIAR-099/2006) and the EP Application Document. The Permit Holder shall inform the
Director accordingly in writing in case of any subsequent changes of items
contained in this submitted construction programme.
2.5
The Permit Holder
shall set up and operate a community liaison office throughout the entire
construction stage of the Project to receive and respond to complaints or
enquiries on environmental nuisances or pollution caused by the Project and to
follow up on the implementation of remedial mitigation measures.
Mitigation measures for constructing the
main drainage tunnel
2.6
To
protect the country parks, no construction works shall be carried out on the
ground surface within Tai Tam,
2.7
To
minimize seepage of groundwater and to avoid potential drawdown of the
watertable during construction of the main drainage tunnel, a double-shielded
Tunnel Boring Machine shall be adopted to construct the tunnel. If alternative construction method is to
be proposed, the Permit Holder shall deposit six hard copies and one electronic
copy of the method statement with the Director no later than one month before
commencement of the main drainage tunnel construction. Before submission to the Director, the
method statement shall be certified by the ET Leader and verified by the IEC to
confirm its effectiveness in avoiding drawdown of the watertable.
Mitigation measures for constructing the
Eastern and Western Portals
2.8
To
minimize construction noise impacts, the Permit Holder shall:-
(a)
deposit
four hard copies and one electronic copy of a noise enclosure design plan with
the Director no later than 2 weeks before commencement of construction works at
the Eastern Portal. This noise
enclosure deign plan shall show: the location/layout (in the scale of 1:1000)
and design details (in the scale of 1:50 or other appropriate scale) of the
noise enclosure; and specifying the material used for the noise enclosure. The superficial surface density of the
material shall be no less than
(b)
provide
the noise enclosure at the Eastern Portal in accordance with the submission
deposited under Condition 2.8(a) above; and
(c)
use
only quiet plants that shall meet noise performance specifications as stated
below to construct the Eastern and Western Portals:
(i)
Air compressor with Sound Power Level (SWL) not
exceeding 103dB(A);
(ii)
Hydraulic breaker with SWL not exceeding 110dB(A);
(iii)
Bulldozer
with SWL not exceeding 104dB(A);
(iv)
Concrete
lorry mixer with SWL not exceeding 100dB(A);
(v)
Concrete pump with
SWL not exceeding 107dB(A);
(vi)
Truck
with SWL not exceeding 104dB(A);
(vii)
Excavator
with SWL not exceeding 106dB(A);
(viii)
Wheeled
loader with SWL not exceeding 106dB(A);
(ix)
Poker
with SWL not exceeding 100dB(A);
(x)
Electric
saw, wood with SWL not exceeding 106dB(A); and
(xi)
Crane,
lorry with SWL not exceeding 102dB(A).
If other plant/plants not specified above is/are to be used, the noise
performance of this alternative proposal shall be certified by the ET Leader
and verified by the IEC as conforming to the information, requirements and
recommendations as set out in the approved EIA report and the EP Application
Document.
2.9
To minimize
water quality impacts on the marine environment near the western waters due to
the construction of the Western Portal, the Permit Holder shall:
(a)
deposit
four hard copies and one electronic copy of a silt curtain proposal with the
Director no later than 2 weeks before commencement of the marine-based
construction works at Western Portal.
The silt curtain shall enclose the site areas targeted for constructing the temporary pier and the armour rock based panel, and
for demolishing the temporary pier (see Note 7). Their respective locations are shown in Figure
3 attached to this permit.
The silt curtain proposal shall specify the
following:
(i)
location
and alignment of the silt curtain system as shown in drawings in the scale of
1:1000;
(ii)
design
details as shown in drawings in scale of 1:50 or other appropriate scale;
(iii)
inspection
requirement to ensure proper functioning of silt curtain system; and
(iv)
rectification
requirements in case of any malfunctioning of the system.
Before submission to the Director, the silt curtain proposal shall be certified
by the ET Leader and verified by the IEC as conforming to the information,
requirements and recommendations as set out in the approved EIA report and the
VEP application document (VEP-292/2009);
(b)
install
and maintain the silt curtain system in accordance with the proposal as
submitted under Condition 2.9(a) above.
The silt curtain system may be removed after the completion of construction
of the temporary pier, and when there is no marine-based construction works
being carried out at the Western Portal; and
(c)
carry
out all construction works for the stilling basin by enclosing the entire basin
inside a watertight enclosure in the form of a temporary cofferdam or a
temporary pier seawall, to avoid spillage of fill material or wastewater into
the sea. The top level of the
watertight enclosure shall be constructed higher than the final backfilled
level. The watertight enclosure
shall be maintained on site and inspected to ensure its proper functioning
until after the completion of construction of the stilling basin.
3. Environmental
Monitoring and Audit (EM&A) Requirements
3.1
The
EM&A programme of the Project covering air quality, noise, water quality,
waste management, ecology, cultural heritage, landscape and visual during the
construction stage and the monitoring of underground water levels during the
first year of the operation stage, shall be implemented in accordance with the
procedures and requirements as set out in the EM&A Manual (Register No.
AEIAR-099/2006) of the Project. The Permit Holder shall review the EM&A
requirements or programme based on the submitted construction programme
required under Condition 2.4.
Changes to the EM&A requirements or programme and termination of the
programme shall need justification by the ET Leader and verified by the IEC to
their conformance with the requirements as set out in the EM&A Manual; and
the prior approval from the Director shall be sought before their
implementation.
3.2
Six
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least two weeks before the commencement of
construction. The submissions shall be certified by the ET Leader and verified
by the IEC as complied with the requirements as set out in the EM&A Manual
before submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.3
Six
hard copies and one electronic copy of the monthly EM&A Reports for the
construction and operation stages shall be submitted to the Director within two
weeks after the end of the reporting month. The monthly EM&A Reports shall
include a summary of all non-compliance with the recommendations in the EIA
Report or this Permit. The submissions shall be certified by the ET Leader and
verified by the IEC as complied with the requirements as set out in the
EM&A Manual before submission to the Director. Additional copies of the submission
shall be provided upon request by the Director.
3.4
All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
3.5
Any
necessary remedial measures and actions as described in the EM&A Manual
shall be fully and properly carried out, in accordance with the time frame(s)
set out in the EM&A Manual, or as agreed by the Director.
3.6
For
timely access of information by the affected community, the Permit Holder shall
make the impact monitoring results available to the public via internet access
to be set up under Conditions 4.2 and 4.3 below. The monitoring data shall be certified
by the ET Leader and verified by the IEC before releasing to the public, in the
shortest practicable time and in no event later than 2 weeks after such
information is available.
4.
Electronic Reporting of EM&A
Information
4.1
To
facilitate public inspection of the Baseline Monitoring Report and the monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in the Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 3.2
and 3.3 of this Permit. For the HTML version, a content page capable of
providing hyperlink to each section and sub-section of these Reports shall be
included in the beginning of the document.
Hyperlinks to all figures, drawings and tables in these Reports shall be
provided in the main text from 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 must be the same as the hard copies.
4.2
The
Permit Holder shall set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed within six weeks after the commencement of construction of
the Project. All environmental monitoring results described in Condition 4.1
above and all submissions required by this Permit shall be made available to
the public via this dedicated web site to be set up by the Permit Holder in the
shortest time practicable, and in no event later than 2 weeks after the
relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director.
The Permit Holder shall maintain the dedicated website throughout the
entire construction stage and during the first operating year of the Project to
facilitate public access to environmental monitoring data.
4.3
The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA report,
the environmental permit(s) and project profile of the Project. The internet
website shall have features capable of:
(a) providing access to
all environmental monitoring data collected since the commencement of work and
all submissions under this permit;
(b) searching by date;
(c) searching by types
of monitoring data; and
(d) hyperlinks 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. 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. Dragages – Nishimatsu Joint Venture, holder
of the Environmental Permit FEP-01/272/2007/A for the construction of the
Project, deposited the silt curtain proposal for the construction of the
temporary pier in the Environmental Impact Assessment Register Office on 13
June 2008.
8. 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.
9. 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.
10. 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-272/2007/B
環境許可證編號 EP-272/2007/B