| Environmental Permit No. | EP-193/2004 |
| 環 境 許 可 證 編 號 | EP-193/2004 |
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
A DESIGNATED PROJECT
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance
(EIAO), the Director of Environmental Protection (the Director) grants this
environmental permit to the Antiquities
and Monuments Office, Leisure and Cultural Services Department (hereinafter
referred as the "Permit Holder") to construct 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)將本環境許可證批予康樂及文化事務署 古物古蹟辦事處(許可證持有人)以建造B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證依據下列文件、批准或許可而簽發﹕
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Application No. 申請書編號 |
AEP-193/2004 |
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Document in the Register: 登記冊上的文件： |
1. Project Profile -"Major Repair to Tang Ancestral Hall, Ping Shan" (Register No.: PP-217/2004) 工程項目簡介 -屏山鄧氏宗祠維修工程(登記冊編號：PP-217/2004) |
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Director’s Permission to
Apply Directly for Environmental Permit 署長准許直接申請環境許可證 |
Letter Reference: ( ) in EP2/N6/Q/99 信件檔號:
( ) in EP2/N6/Q/99 |
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Date 日期 |
(Elvis W.K. AU) Assistant Director of
Environmental Protection (Environmental Assessment
and Noise) for Director of
Environmental Protection 環境保護署署長 (助 理 署 長 (環 境 評 估 及 噪 音) 區偉光 代 行) |
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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:
下列為本環境許可證A部所提及的指定工程項目的說明:
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Title of Designated
Project 指定工程項目的名稱 |
Major
Repair to Tang Ancestral Hall, Ping Shan [Hereafter referred to as the Project] 屏山鄧氏宗祠維修工程 [下稱“工程項目”] |
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Nature of Designated
Project |
Building
works wholly in an existing site of cultural heritage. 於文化遺產地點進行建築工程。 |
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Location of Designated
Project 指定工程項目的地點 |
Hang Mei Tsuen,Ping Shan,
Yuen Long. 元朗屏山坑尾村。 The location of the project
is shown in Figure 1 of this
environmental permit. |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The
main purpose of the project is to reconstruct the roof, to repave the floor
and to carry out the internal and external redecoration and minor repairs and
restorations of the Tang Ancestral Hall. 工程項目主要目的是重建鄧氏宗祠的屋頂、重鋪地台、修飾宗祠的內外部，並進行其他的小型維修及復修工作。 |
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.
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.
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.
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 of the Project and shall mean the same hereafter.
5 The
Permit Holder shall display conspicuously a copy of this Permit on the
construction site(s) 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
location. 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
location as the original Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site(s).
6
The Permit Holder shall construct the Project in accordance with the
project descriptions in Part B of this Permit.
7 The
Permit Holder shall ensure that the Project is designed and constructed in
accordance with the information and recommendations described in the Project
Profile (Register No. PP-217/2004) in the EIA Ordinance Register Office,
the information and mitigation measures described in this Permit and mitigation
measures to be recommended under ongoing 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.
8 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.
9 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.
10 To minimize construction impacts to the Ancestral
Hall, the Permit Holder shall not use any heavy-power-operated machinery such
as earth excavator, bull dozer, tower crane or mobile crane for the
construction and demolition works.
11 The
design of and the construction materials to be used for the restored Tang
Ancestral Hall should maintain the historic nature of the Hall. The repairing works shall avoid any
physical damage to the Yu Kiu Ancestral Hall located just beside. Therefore, to ensure the works to be
carried out in a careful and skilled manner, all the works shall be supervised
by the Permit Hold or by a heritage conservationist employed by the Permit
Holder.
Notes:
1. This environmental
permit consists of three parts, namely, PART A (Main
Permit), PART B (Description of Designated Project) and
PART C (Permit Conditions).
2. The Permit Holder
may apply under section 13 of the Environmental Impact Assessment Ordinance to
the Director for a variation of the conditions of this environmental
permit. The Permit Holder shall
replace the original permit displayed on the construction 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 with the consent of the Secretary for
Environment, Transport and Works, may suspend, vary or cancel this
environmental permit. The cancelled
permit shall be removed from the display on the operation site.
5. If this permit is
cancelled or surrendered during the operation, an environmental permit must be
obtained under the Ordinance before the 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
without an environmental permit.
6.
All
submissions as required under this permit shall be deposited in the
Environmental Impact Assessment Ordinance Register Office on the 27/F of
Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.
7.
Any
person who operates the designated project contrary to the conditions in this
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.
Under
section 17 of the EIA Ordinance, the applicant may appeal to the Appeal Board
against the Director’s decision within 30 days of receipt of this environmental
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-193/2004
環境許可證編號 EP-193/2004
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