Environmental
Permit No. EP-324/2008/C
環境許可證編號EP-324/2008/C
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10
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
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) grants the Environmental Permit (No.
EP-324/2008) to the Highways Department (hereinafter
referred to as the “Permit Holder”) on 23 December 2008. Pursuant to Section 13 of
the Ordinance, the Director amends the Environmental Permit based on the
Application No. VEP-470/2015. The amendments, described
below, are incorporated into the Environmental Permit (No. EP-324/2008/C). This
Environmental Permit as amended is for the construction and operation 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 (環評條例) 第10條的規定,環境保護署署長(署長)於2008年12月23日將環境許可證(編號EP-324/2008)批予路政署(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-470/2015修訂環境許可證。下文說明的修定,已包含在本環境許可證內(EP-324/2008/C)。本經修定的環境許可證,適用於建造及營辦B部所說明的指定工程項目,但須遵守C部所列明的條件。
Application No. 申請書編號 |
VEP-470/2015 |
Document in the Register: 登記冊上的文件: |
(1) Agreement
No. CE 73/98 Investigation Assignment for Widening ofTolo
Highway/ Fanling
Highway between Island House Interchange and Fanling: – Environmental
Impact Assessment Report (March 2000) [Hereinafter referred to as the “EIA
Report”] – Environmental
Monitoring and Audit Manual (March 2000) [Hereinafter referred to as the
“EM&A Manual”] – Environmental
Impact Assessment Executive Summary (March 2000) [Hereinafter referred to as
the “EIA Executive Summary”] (Register No. AEIAR-037/2000) (1) 協議書編號CE 73/98 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程之研究勘測: – 環境影響評估報告 (2000年3月) [下稱 「環評報告」] – 環境監察及審核手冊 (2000年3月) [下稱「環評摘要」] – 環境影響評估行政摘要 (2000年3月) [下稱「環監手冊」] (登記冊編號 : AEIAR-037/2000) (2)
The Director’s letter of approval of the EIA Report dated 14 July 2000, ref.:
(70) in EP2/N5/A/23 III. (2) 署長於2000年7月14日發出批准環評報告的信件,檔案編號:(70) in
EP2/N5/A/23 III。 (3)
Application for Environmental Permit submitted on 25 November 2008
(Application No. AEP-324/2008) (3) 於2008年 11月25日提交的環境許可證申請 (申請書編號:AEP-324/2008) (4)
Environmental Permit issued on 23 December 2008 (Permit No.:
EP-324/2008) (4) 於2008年12月23日發出的環境許可證(許可證編號: EP-324/2008) (5)
Application for Variation of an Environmental Permit submitted on 4 January
2012 (Application No. VEP-351/2012) (5) 於2012年1月4日提交的更改環境許可證申請 (申請書編號: VEP-351/2012) (6)
Environmental Permit issued on 31 January 2012 (Permit No.
EP-324/2008/A) (6)於2012年1月31日發出的環境許可證(許可證編號: EP-324/2008/A) (7)
Application for Variation of an Environmental Permit submitted on 24 February 2014 (Application No.
VEP-429/2014) (7) 於2014年2月24日提交的更改環境許可證申請 (申請書編號: VEP-429/2014) (8) Environmental Permit issued on 17 March 2014 (Permit No. EP-324/2008/B) (8)於2014年3月17日發出的環境許可證(許可證編號: EP-324/2008/B) (9) Application for Variation of an Environmental
Permit submitted on 9 March 2015 (Application No. VEP-470/2015) (9) 於2015年3月9日提交的更改環境許可證申請 (申請書編號: VEP-470/2015) |
Application No. 申請 編號 |
Date of Application 申請 日期 |
List of Amendments Incorporated into Environmental
Permit 已包含在環境許可證內的修訂項目 |
Date of Amendments 修訂 日期 |
VEP-351/2012 |
4 January 2012 2012年1月4日 |
(1) Add item (v) to
“Scale and Scope of Designated Project” in Part B of
Environmental Permit No. EP-324/2008 (1) 於環境許可證編號EP-324/2008B部的“指定工程項目的規模和範圍” 加入項目(v) (2)Vary Condition 1.7,
2.4, 2.6, 2.9 in Part C of
Environmental Permit No. EP-324/2008 (2) 更改環境許可證編號EP-324/2008 C部條件第1.7, 2.4, 2.6, 2.9 (3)Vary Figure 4d in Part C of Environmental Permit No.
EP-324/2008 |
31 January 2012 2012年1月31日 |
VEP-429/2014 |
24 February 2014 2014年2月24日 |
(1) Vary
Condition 2.8 in Part C of
Environmental Permit No. EP-324/2008/A (1)更改環境許可證編號EP-324/2008/A C部條件第2.8 (2)Vary Figure 4d in Part C of Environmental Permit No.
EP-324/2008/A (2)更改環境許可證編號EP-324/2008/A C部的附圖4d (3) Add Figure 4d(i) in Part C of Environmental Permit No.
EP-324/2008/A |
17 March 2014 2014年3月17日 |
VEP-470/2015 |
3 March 2015 2015年3月9日 |
(1) Vary
Condition 2.5(iv) in Part C of Environmental Permit
No. EP-324/2008/B (1)更改環境許可證編號EP-324/2008/B C部條件第2.5(iv) (2)Vary Figure 2d in Part C of
Environmental Permit No. EP-324/2008/B |
27 March 2015 2015年3月27日 |
27 March 2015
2015年3月27 日
Date 日期 |
|
(Maurice
K.L. YEUNG) Principal Environmental
Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
PART B (DESCRIPTION
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 |
Widening of Tolo Highway/Fanling Highway between Island House
Interchange and Fanling [Hereinafter referred to as "the
Project"] 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路擴闊工程 [本指定工程項目下稱"工程項目" ] |
Nature of Designated Project 指定工程項目的性質 |
A
major improvement to existing expressways 對現有快速公路作重大改善工程 |
Location of Designated Project 指定工程項目的地點 |
Tolo Highway / Fanling Highway between Island House
Interchange and Fanling 舊政務司官邸附近道路交匯處與粉嶺之間的吐露港公路 / 粉嶺公路 The location of the
Project is shown in Figure 1 of
this Permit. 指定工程項目的位置載於本許可證圖1。 |
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project mainly
consists of the followings:- 工程項目主要範圍包括以下各項:- (i) Widening of a 5.7km section of Tolo
Highway and 3.0km section of Fanling
Highway between Island House Interchange and Wo Hop
Shek Interchange from the existing dual 3-lane to
dual 4-lane, including construction of new vehicular bridges; (ii) Widening of interchange sections at Island House Interchange, Tai Po
North Interchange, and Lam Kam Road Interchange
from dual 2-lane to dual 3-lane, including realignment of various slip roads; (iii) Improvement to the existing substandard merging arrangement at the
southbound carriageway of Wo Hop Shek Interchange; (iv) Modification and reconstruction of highways, vehicular bridges,
underpasses and footbridges; and (v) Construction of Kau Lung Hang Vehicular Bridge. (i) 擴闊舊政務司官邸附近道路交匯處與和合石交匯處之間一段長5.7公里的吐露港公路及一段長3公里的粉嶺公路,由雙程三線分隔行車道改為雙程四線分隔行車道; (ii) 擴闊舊政務司官邸附近道路交匯處、大埔北交匯處和林錦公路交匯處的路段,由雙程雙線分隔行車道改為雙程三線分隔行車道;大埔北交匯處南行車道則由雙線行車改為四線行車。上述工程包括為各連接路重新定線; (iii) 改善現有於和合石交匯處的南行行車道不合規格的匯合安排; (iv) 更改和重建公路,行車橋,行車隧道及行人天橋;及 (v) 興建九龍坑行車橋 |
1 General Conditions
1.1 The permit holder and any person working on the Project shall comply with
all conditions of 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) and Waste Disposal Ordinance
(Cap.354). 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
Project site(s) at all vehicular 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 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-037/2000), the application
documents including all attachments (Application No. AEP-324/2008, VEP-351/2012, VEP-429/2014
and VEP-470/2015), 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
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). 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 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 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.
1.12 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
Submissions or Measures to be implemented before Construction of the
Project
Employment of Environmental Monitoring and Audit (EM&A) Personnel
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 not be in any way an associated body of the Contractor or
the Independent Environmental Checker (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 EM&A requirements as contained in the EM&A
Manual of the Project. The ET Leader shall keep a contemporaneous
log-book of each and every instance or circumstance or change of circumstances,
which may affect the compliance with the recommendations of the EIA Report and
this Permit. The ET Leader shall notify the 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 EIA Report 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.
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 and shall audit the overall EM&A
performance, 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 EIA Report and 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.
Management Organization of Main Construction Companies
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.
Submission of Updated EM&A Manual
2.4 The Permit Holder shall, no later than two months before the commencement
of construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of an updated EM&A Manual for the Project.
Before submission to the Director, the EM&A Manual shall be certified
by the ET and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report (Register No: AEIAR-037/2000), the
application documents including all attachments (Application No. AEP-324/2008, VEP-351/2012, and VEP-429/2014) and other
relevant documents in the Register. The EM&A Manual shall
include the latest information on the EM&A requirements for air quality,
noise, water quality, waste management, cultural heritage and ecological
aspects. All measures recommended in the approved EM&A Manual shall
be fully and properly implemented according to the requirements and time
schedule(s) set out in the approved EM&A Manual.
Measures to Mitigate Construction Noise Impact
2.5 To mitigate construction noise impact arising from the Project, the
following temporary noise barriers shall be erected before commencement of
construction:-
(i) 3.5
m and 5.5 m high temporary noise barrier at culvert construction
work area as shown in Figure
2(a);
(ii) 3
m high temporary noise barrier along the northern edge of Bridge 12 at
ground level and 2 m high temporary noise barrier along the northern
edge of Bridge 12 at bridge level as shown in Figure 2(b);
(iii) 2.5
m high temporary noise barrier along Tai Wo
Service Road West and 3.5 m and 7 m high temporary noise
barrier along Tai Wo Service Road West near Tai Hang
as shown in Figure 2(c);
(iv) 7
m high temporary noise barrier along Tai Wo
Service Road West near Tai Wo Footbridge work area as
shown in Figure 2(d);
and
(v) 2.5 m high temporary
noise barrier near river diversion work area as shown in Figure 2(e).
Submission of Landscape Plan
2.6 The Permit Holder shall, at least two months before the commencement of
construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of a landscape plan(s) showing details of the
landscape measures and compensatory ecological planting, including boundaries
of proposed works areas, trees within the works areas that require and do not
require removal, compensatory ecological planting of about 5.5 hectares
including native species. The plan shall also include tree
transplantation and compensation arising from the construction of Kau Lung Hang Vehicular Bridge. The
plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the
Director, shall include details on locations, size, number and species of
planting, implementation programme, maintenance and management schedules. The submission
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-037/2000), the application documents including all
attachments (Application No. AEP-324/2008, VEP-351/2012,
VEP-429/2014 and VEP-470/2015) and other relevant documents in
the Register.
Measures to Mitigate Ecological Impacts
2.7 Capture-surveys on the native frog species of Rana
guentheri, tadpoles and fish shall be conducted
within the Ma Wat River Northern Meander, location of
which is shown in Figure 3,
before commencement of construction works of the Project. Any of these species
caught during the surveys shall be relocated to nearby undisturbed meander or
river channel.
Measures and
Submissions to be Implemented during Construction and Operation of the Project
Measures
to Mitigate Traffic Noise Impact
2.8 The Permit Holder shall implement the following
mitigation measures before commencement of operation of the Project to mitigate
the traffic noise impact arising from the Project:-
(i) Construction
of noise barriers in accordance with the details shown in Figure 4(a)-(e) & 4(d)(i); and
(ii) Provide low noise
road surface at both the widened and reconstructed road sections covered
under the Project.
2.9 The Permit Holder shall deposit five (5) copies of as-built drawing(s) in
1:1000 scale for the noise barriers required under Condition 2.8(i) and the requirements in the EIA Report (Register No:
AEIAR-037/2000), the application documents including all attachments
(Application No. AEP-324/2008, VEP-351/2012, VEP-429/2014 and VEP-470/2015), and other relevant documents in the Register, to the Director
before commencement of operation of the Project. The drawing(s)
shall be certified by the ET Leader and verified by the IEC to confirm with
Condition 2.8(i) and the requirements in the EIA
Report (Register No: AEIAR-037/2000), the application documents including all
attachments (Application No. AEP-324/2008, VEP-351/2012, VEP-429/2014 and VEP-470/2015), and other relevant documents in the Register.
Measures to Mitigate Ecological Impacts
2.10 To compensate for loss of woodlands, the Permit Holder shall implement
ecological compensatory planting in accordance with the approved Landscape Plan
submitted under Condition 2.6 above before operation of the Project.
2.11 Work areas as shown in the approved Landscape Plan submitted under
Condition 2.6 shall be fenced off using physical barriers during the
construction stage of the Project to prevent encroachment of adjacent habitats.
2.12 Trees located within the works areas but do not require removal as shown
in the approved Landscape Plan submitted under Condition 2.6 shall be fenced
off during the construction stage of the Project and retained thereafter.
Measures to Mitigate Visual and Landscape Impacts
2.13 All measures recommended
in the approved landscape plan(s) shall be fully and properly implemented in
accordance with the details and programme set out in
the submission.
Measures to Mitigate Water Quality Impacts within Water Gathering Ground
2.14 For the part of the Project located within Water Gathering Grounds, to
mitigate construction water quality arising from the Project, the following
measures shall be implemented during construction:-
(i) No
stockpiling or storage of earth, building materials, fuel, oil or toxic
materials and other materials which may cause contamination to the Water
Gathering Grounds; and
(ii) Construction plant
which causes pollution to the Water Gathering Grounds due to leakage of oil or
fuel shall be removed from the Water Gathering Grounds immediately.
3 Environmental Monitoring and Audit Requirements
3.1 The EM&A programme shall be implemented in
accordance with the procedures and requirements as set out in the EM&A
Manual of the Project. Any changes to the EM&A programme
shall be justified by the ET Leader and verified by the IEC as conforming to
the requirements set out in the EM&A Manual and shall seek the prior
approval from the Director before implementation.
3.2 Four hard copies and one electronic copy of 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. Additional copies of the Baseline Monitoring Report
shall be provided upon request by the Director.
3.3 Four hard copies and one electronic copy of Monthly EM&A Reports for
the construction stage shall be submitted to the Director, within 2 weeks after
the end of the reporting month. The submission shall be certified by the
ET Leader and verified by the IEC before submission to the Director.
Additional copies of the Monthly EM&A Reports shall be provided upon
request by the Director.
3.4 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)
as set out in the Event/Action Plan, or as agreed by the Director.
3.5 All environmental monitoring and audit data submitted under this Permit
shall be true, valid and correct.
3.6 To ensure a high degree of transparency regarding the monitoring data and
results, all environmental monitoring and audit data and results and all
submissions and all performance test data and results required by this Permit
shall be made available by the Permit Holder to the public through a dedicated
web site to be set up by the Permit Holder under Condition 4.2 below, in the
shortest practicable time and in no event later than 2 weeks after such
information is available.
3.7 Records of measurements and remedial actions taken under Condition 3.4 of
this Permit shall be logged and kept within 3 working days of the collection of
data or completion of remedial action, shall be
included in the EM&A Reports and shall be available for inspection on site
or as requested by the Director.
4 Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the EM&A Manual, Baseline
Monitoring Report and 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 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 of this Permit. For the HTML version, a content
page capable of providing hyperlink of 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 interlaced GIF, JPEG or PDF 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, within six weeks to the commencement of
construction of the Project, set up a dedicated web site and notify the
Director in writing the Internet address, where the project information, all
environmental monitoring and audit data and reports described in Condition 4.1
above, and all finalized submissions and plans required under this Permit, are
to be placed. All environmental monitoring and audit data and reports
described in Condition 4.1 above shall be made available to the public via this
dedicated web site to be set up by the Permit Holder in the shortest possible
time and in no event later than 2 weeks after the relevant environmental
monitoring data and reports is / are collected or become available, unless
otherwise agreed with the Director. All finalized submissions and plans
shall be made available to the public via this dedicated web site to be set up
by the Permit Holder in the shortest possible time and in no event later than 2
weeks after they are deposited with or approved by the Director as required
under this Permit, unless otherwise agreed with the Director.
4.3 The Internet website as described in Condition 4.2 above shall enable
user-friendly public access to the monitoring and project information including
the project profile of the Project, the EIA report, the environmental
permit(s), all environmental monitoring and audit data and report and all
finalized submissions and plans required under this Permit. Unless
otherwise agreed with the Director, the internet website shall have features
capable of: -
(a) providing access to all environmental monitoring data
collected since the commencement of work;
(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, 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 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 or operates 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-324/2008/C
環境許可證編號EP-324/2008/C
| Figure 1 | Figure 2(a) | Figure 2(b) | Figure 2(c) | Figure 2(d) | Figure 2(e) | Figure 3 | Figure 4(a) | Figure 4(b) | Figure 4(c) | Figure 4(d) | Figure 4(d) (i) | Figure 4(e) |
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