Environmental Permit No. EP-423/2011/A
環境許可證編號 EP-423/2011/A
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 及第
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-423/2011) to
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
|
Application No. 申請書編號： |
VEP-359/2012 |
|
Document in the Register: 登記冊上的文件： |
(1) Project Profile – South-East Asia 工程項目簡介 – 東南亞日本海底光纜網絡工程–香港段 [登記冊編號:PP- 444/2011] (2) The Director’s letter of
Permission to Apply Directly for Environmental Permit dated 1 August 2011
[Ref.: (25) in EP2/H19/C/07] 署長於 [檔案編號 : (25) in
EP2/H19/C/07] (3)
Application for Environmental Permit submitted by the Permit Holder on 28 September 2011 [Application No. AEP-423/2011] 許可證持有人 於 [申請書編號: AEP- 423/2011] (4)
Pursuant to Condition 2 (i) to (iii) of the above Permission to
Apply Directly for Environmental Permit, the Director approved the Environmental Monitoring & Audit
Manual, the Landscape Plan and the Review
Report of Geophysical Survey Results - Marine Archaeological Investigation
respectively on 27 September 2011. 根據上述批准直接申請環境許可證的條件2 (i) 至 (iii) 於 (5)
Environmental Permit issued on 24 October 2011 (Permit No.
EP-423/2011). 於 (6)
Application documents for Variation of Environmental Permit
including all attachments submitted by the Permit Holder on 24 April 2012
(Application No. VEP-359/2012). 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-359/2012 |
24 April 2012 |
Vary Condition
更改環境許可證編號EP-423/2011 C部條件第2.2項 |
10 May 2012 |
|
10 May
2012
Date 日期 |
|
(Mr. Ken Y.K. Wong) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光先生代 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 |
South-East Asia [This designated project is hereinafter referred to as “the Project”].
東南亞日本海底光纜網絡工程 – 香港段 [這指定工程項目下稱“工程項目”] 。 |
|
Nature of Designated Project |
A dredging operation which is less than 500 meters from the nearest boundary of Chung Hom Kok and St. Stephen’s bathing beaches and Coastal Protection Area.
距離舂坎角和聖士提反泳灘及海岸保護區的最近界線少於
|
|
Location of Designated Project 指定工程項目的地點 |
The proposed SJC submarine telecommunications cable system
starts from the landing site located at an existing manhole on Sha Shek Tan
and extends to the edge of Hong Kong Special Administrative Region waters
(the proposed cable route and the location of landing site for this Project
are as shown in Figure 1 attached
to this Permit). 擬建的海底通訊光纜自位於在沙石灘現有纜井的登岸地點開始敷設，延伸至香港特別行政區水域邊界。(本工程項目擬建的光纜路線及登岸地點見載於本許可證夾附的圖1)。 |
|
Scale and
Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The dredging operation involves the laying of an approximately 挖泥作業涉及使用光纜直接埋設技術和採用光纜舖設工具以敷設一條長約 |
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 Dumping at Sea Ordinance (Cap. 466). 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
Project Profile (Register No.: PP- 444/2011) and other relevant documents in the Register
including the approved EM&A Manual, approved landscape plan and approved
marine archaeological investigation report for this Project, the information or
mitigation measures described in this Permit, 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 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. Any non-compliance
with the submissions may constitute a contravention of the Environmental Impact
Assessment 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
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 and
operation of the Project respectively.
The Permit Holder shall notify the Director in writing immediately if there
is any change of the commencement dates of the construction and operation.
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. Special
Conditions
2.1
The submarine cable shall be laid along the
alignment as delineated in Figure 1
of this Permit. The Permit Holder
shall obtain prior approval from the Director for any proposed changes in the
Project details, including cable alignment, burial depth, trench width and
installation methods as described in the Project Profile (Register No.: PP-
444/2011). Construction of any such
proposed changes shall not commence without the Director’s prior approval.
2.2
To
minimize water quality impact on St. Stephen’s Beach, no marine work shall be
carried out within
2.3
To minimize water quality impact on
2.4
To
minimize water quality impact due to the marine works, the submarine cable
laying works shall be carried out by diver(s) for the initial segment that
extends for about
2.5
To
protect the existing landscape condition on the Coastal Protection Area at Sha
Shek Tan, all parts of the cable and associated earth electrode system shall be
installed within the works area as shown in Figure 4 of this Permit and completely
buried after installation. Affected
areas at Sha Shek Tan shall be reinstated to the existing condition upon
completion of the construction works.
2.6
To
minimize potential impact to finless porpoise, a finless porpoise exclusion
zone and monitoring plan shall be implemented in accordance with the approved
EM&A Manual. All marine works
shall cease if finless porpoise is sighted within the exclusion zone until 30
minutes after the finless porpoise has left.
2.7
During
the construction period, the Permit Holder shall employ an independent checker
to audit the implementation of all mitigation measures recommended in the
Project Profile (Register No. PP-444/2011) and the approved Environmental Monitoring
and Audit (EM&A) Manual in the Register. The independent checker
shall not be in any way an associated body of the Contractor for the
Project.
2.8
To
monitor the environmental impacts and timely implementation of the recommended
mitigation measures, the Permit Holder shall:
(i)
implement
the EM&A programme of the Project in accordance with the procedures and
requirements set out in the approved EM&A Manual; and
(ii)
submit
to the Director four hard copies and one electronic copy of the following, as
defined in the approved EM&A Manual:
(a)
baseline
monitoring report on water quality no later than two weeks before the
commencement of construction works;
(b)
weekly
impact monitoring and site audit report within three days after the relevant monitoring
data are collected or become available; and
(c)
post
project monitoring report within one month after completion of the marine
works.
All environmental monitoring and audit
results submitted under this Permit shall be true, valid and correct. Before submission to the Director, the
reports as required in Condition 2.8 (ii) shall be certified by the independent
checker.
2.9
To
facilitate public inspection of the approved EM&A Manual, baseline
monitoring report, weekly impact monitoring report and post project monitoring
report, the Permit Holder shall set up and maintain a dedicated web site, and
notify the Director in writing the internet address, where these documents and
the related environmental monitoring and project data are to be placed before the
commencement of construction of the Project. All environmental monitoring data and
reports as described in Condition 2.8 above shall be made available to the
public via this dedicated web site in the shortest possible time and in any
event no later than one week after the relevant environmental data are
collected or become available, unless otherwise agreed with the Director. The Permit Holder shall continue to
maintain the dedicated website for public access of the environmental
monitoring data and reports until three months after submitting the post
project monitoring report under Condition 2.8(ii)(c) above, or otherwise
specified 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,
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, 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 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-423/2011/A
環境許可證編號 EP-423/2011/A
| Figure 1 | Figure 2 | Figure 3 | Figure 4 |
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