Environmental Permit No. EP-246/2006/A
環境許可證編號EP-246/2006/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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) granted the Environmental Permit No. EP-246/ 2006 to New World First Bus Services Limited (hereinafter referred to as the “Permit Holder”) on 11 April 2006. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit No. EP-246/ 2006 based on the Application No. VEP-304/ 2009. The amendments described below, are incorporated into this Environmental Permit No. EP-246/ 2006/ A. 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 described in and attached to Part C of this Permit.
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2006年4月11日將環境許可證編號EP-246/2006批予新世界第一巴士服務有限公司(下稱“許可證持有人”)。根據條例第13條的規定﹐署長因應更改環境許可證的申請編號VEP-304/2009修訂環境許可證編號EP-246/2006。有關下述修訂，已包含在本環境許可證編號EP-246/2006/A內。本經修訂的環境許可證，只適用於建造及營辦本許可證B部所說明的指定工程項目﹐並須遵守本許可證C部所說明及附載的條件。
This Environmental Permit is based on the documents, approvals or permissions described below:
本環境許可證乃以下表所列的文件、批准或許可作為依據：
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Application No. 申請書編號：
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VEP-304/2009
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Document in the Register: 登記冊上的文件：
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(1) Project Profile – “Proposed Temporary Bus Depot at Hing Wah Street West, West Kowloon Reclamation” (Register No. PP-276/2006) 工程項目簡介–西九龍填海區興華街西擬建臨時巴士車廠工程 (登記冊編號：PP-276/2006)
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(2) The Director’s letter of permission to apply directly for environmental permit dated 17 February 2006 [Ref.: () in EP2/K5/A/09] 署長於2006年2月17日發出批准直接申請環境許可證的信件[檔案編號 : () in EP2/K5/A/09]
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(3) Application documents including all attachments submitted by the Permit Holder on 24.3.2006 (Application No. AEP-246/2006) 申請文件包括許可證持有人於2006年3月24日提交的所有附件 (申請書編號 AEP-246/2006) [下稱 「申請書」]
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(4) Environmental Permit No. EP-246/2006 issued on 11 April 2006 2006年4月11日簽發的環境許可證編號EP-246/2006
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(5) Application for Variation of an Environmental Permit No.VEP-304/2009 and attachments submitted by the Permit Holder on 29 October 2009 許可證持有人於2009年10月29日提交的更改環境許可證的申請編號VEP-304/2009及附件 |
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25 November 2009 |
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Date 日期 |
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(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) |
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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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Proposed Tempoaray Bus Depot at Hing Wah Street West, West Kowloon Reclamation [this is referred hereafter as “the Project”] 西九龍填海區興華街西擬建臨時巴士車廠工程[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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A transport depot located less than 200 m from the nearest boundary of an existing or planned residential area and educational institution. 一個與現有或計劃中的住宅區和教育機構的最近界線少於200米距離的運輸車廠。
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Location of Designated Project 指定工程項目的地點 |
The Project Site is sited within West Kowloon Reclamation area. The location of the proposed temporary bus depot is shown in Figure 1 attached to this Permit. 工程項目在西九龍填海區內。圖1顯示擬建臨時巴士車廠的位置。
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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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To construct and operate a temporary bus depot which consists of open parking spaces, 3 above ground diesel storage tanks, refueling bays and washing bays, covered maintenance bays and single storey structures for ancillary facilities. 建造及營辦一所臨時巴士車廠。臨時車廠設施包括露天巴士停泊車位、三個地面油缸、燃油添加區、洗車區、有蓋維修區和位於單層建築物內的相關設備。
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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 of 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 EIA Ordinance Register Office.
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 / or 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 Project 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 Project site(s).
1.6 The Permit Holder shall construct and operate 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, constructed and operated in accordance with the information and all recommendations described in the Project Profile (Register No.: PP-276/2006), 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 Environmental Impact Assessment 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 no later than one week 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.
1.12 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. Specific Conditions
2.1 The Permit Holder shall cease the operation of the Temporary Bus Depot at the Project site by 30 November 2010 or before the occupation of the residential CDA Site (Site 6) as shown in the attached Figure 1, whichever is the earlier date. The Permit Holder shall seek the Director’s agreement to the continual operation of the temporary bus depot at the Project site at least 1 month prior to the cessation of operation.
2.2 The Permit Holder shall within four weeks after the issue of this Permit, deposit with the Director three hard copies and one soft copy of the proposal for landscaping enhancement tree planting along the perimeter of the Project Site. The landscape enhancement proposal shall be implemented within three months after the issue of this Permit. The Permit Holder shall deposit with the Director 3 hard copies and 1 soft copy of the revised landscape proposal rectified in accordance with comments by the Director within 4 weeks after the receipt of comments from the Director.
2.3 The Permit Holder shall operate all outdoor lights for the illumination of the Project site such that light rays emitted by the lighting fixtures are projected below the horizontal plane passing through the lowest point on the lighting fixture from which light is emitted. Shielding structures such as baffles, louvers, shades, cowl or skirt, as well as careful positioning of the lighting fixtures, shall be considered for use to reduce illumination as far as practicable.
2.4 The Permit Holder shall within 4 weeks after the operation of the Project, deposit with the Director 3 hard copies and 1 soft copy of the as-built record of the lighting plan. The as-built record of the lighting plan shall be verified by a competent person who shall have relevant and practical experience in outdoor lighting design / implementation, to enable compliance with the requirements set out in Condition 2.3. The Permit Holder shall deposit with the Director 3 hard copies and 1 soft copy of the revised as-built record of the lighting plan rectified in accordance with comments by the Director within 4 weeks after the receipt of comments from 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 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-246/2006/A
環境許可證編號 EP-246/2006/A
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