Environmental Permit No. EP- 204/2004

環境許可證編號EP- 204/2004

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 OPERATE A PART OF THE

DESIGNATED PROJECT

營辦指定工程項目的環境許可證

PART A (MAIN PERMIT)

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 this Environmental Permit to Harbour City Estates Limited (hereinafter referred to as the “Permit Holder”) to operate 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第10條的規定，環境保護署署長(署長)將本環境許可證批予海港城置業有限公司(下稱“許可證持有人”) 以營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。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：		AEP-204/2004
Document in the Register: 登記冊上的文件：		(1) Project Profile – “Maintenance Dredging for Ocean Terminal and Seawater Pump House” (Register No. PP-227/2004) 工程項目簡介–海運碼頭及海水泵房維修挖泥工程 (登記冊編號：PP-227/2004)
		(2) Application documents including all attachments submitted by the Permit Holder on 4.11.2004 (Application No. AEP-204/2004) 申請文件包括許可證持有人於2004年11月4日提交的所有附件 (申請書編號 AEP-204/2004) [下稱「申請書」]
Director’s Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證		Letter Reference : (31) in Ax(1) EP2/K1/C/10 信件檔號 : (31) in Ax (1) EP2/K1/C/10 Date : 28 October 2004 日期 : 2004年10月28日

	Date 日期		(Elvis 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)

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:

Title of Designated Projects

指定工程項目的名稱

Maintenance Dredging for Ocean Terminal and Seawater Pump House [this is referred hereafter as “the Project”]

海運碼頭及海水泵房維修挖泥工程

[本指定工程項目下稱「工程項目」]

Nature of Designated Projects
指定工程項目的性質

Dredging operation which is less than100 m from an existing seawater intake point

於現有海水進水口一百米範圍內進行挖泥工程。

Location of Designated Project

指定工程項目的地點

The Project is located near Ocean Terminal. The dredging area is shown in Figure 1 attached to this Permit.

工程項目在海運碼頭附近進行。圖1顯示挖泥工程的位置。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Dredging operations to remove the siltation over the north and south berths of Ocean Terminal and the area in front of the existing Seawater Pump House of Harbour City to improve navigation for Ocean Terminal and to reinstate the seabed to the desired level for the Seawater Pump House. The dredging operation is estimated to remove approx. 46,000 m3 of Class H contaminated sediment.

挖泥作業旨在清除位於海運碼頭南北船舶停泊區和現有海港城海水泵房前面位置的淤泥，以改善海運碼頭的航運和恢復海水泵房面前原有的海床深度。估計本挖泥工程清除約46,000立方米屬H類的受污染沉積物。

PART C (PERMIT CONDITIONS)

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), Dumping at Sea Ordinance (Cap.466) 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 operation (dredging) of the Project and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the operation site(s) 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 operate the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is operated in accordance with the information and recommendations described in the Project Profile (Register No. PP-227/2004); other relevant documents in the Register; and the information or mitigation measures described 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 deposited submissions, as required under this Permit, shall be rectified 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.

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 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).

1.12 The Permit Holder shall notify the Director in writing the commencement date of the operationof the Project at least 3 weeks before the commencement of the operation of the Project. The Permit Holder shall also notify the Director in writing the completion date of the dredging operation at least 1 week before the anticipated date of completion of dredging operation. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement / completion date(s) of the operation.

2. Submissions before Commencement of the Project

2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of operation of the Project. The ET shall not be in any way an associated body of the Contractor 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 team 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 updated EM&A Manual to be submitted and approved under Condition 2.2 of 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 compliance with the recommendations of the Project Profile (Register No. PP-227/2004) or this Permit. The ET Leader shall notify the Director by fax within one working day of the occurrence of any such instance or circumstance or change of circumstances or non-compliance with the Project Profile (Register No. PP-227/2004) or this Permit, which might affect the monitoring or control of adverse environmental impact. 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 in the Project Profile (Register No. PP-227/2004) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to notify the Director of the same, 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 Water quality monitoring shall be carried out throughout the Project period and be extended for a period of 2 weeks immediately after the completion of the dredging operation. The Permit Holder shall, at least 3 weeks prior to the commencement of dredging operation, submit an updated EM&A manual to include the post-project monitoring programme and quality assurance / quality control (QA/QC) procedures for the water quality monitoring for the Director’s approval.

3. Measures during Project Implementation

3.1 No dredging operation shall be carried out outside the limit of dredging area(s) as shown in Figure 1 of this Permit. The final dredging level(s) at the dredging area(s) shall not exceed those indicated in Figure 1 of this Permit.

3.2 At all time throughout the dredging operation, the Permit Holder shall limit the daily dredging rate to no more than a total of 5000 m³ of sediment per day.

3.3 At any one time within the Project area, the Permit Holder shall limit the total number of dredger and derrick lighter to be used to no more than one of each, in order to minimize water quality impact due to sediment spillage from the dredging operatio.

3.4 At all time throughout the dredging operation, the Permit Holder shall use only close grab(s) for all dredging operations in order to reduce sediment spillage, as far as practicable, when the grab(s) is being lifted.

3.5 The Permit Holder shall install a silt curtain at the intake of the existing Seawater Pump House of Harbour City at all time during dredging operation. The silt curtain shall be made of permeable fabric, with the design as shown in Figure 2 of this Permit, and shall extend to seabed. The geographical location of the silt curtain is indicated in Figure 3 of this Permit.

3.6 At all time throughout the dredging operation, each and every dredging grab(s) shall operate with silt curtain(s) installed around them. The silt curtain(s) shall be made of permeable fabric and shall extend to the seabed. The silt curtain(s) shall be properly maintained to minimize sediment release, as far as practicable, at the seabed / silt curtain interface and at the topwater level / silt curtain interface.

3.7 As soon as the barges are fully loaded with dredged sediments, they shall leave the site for off-site disposal of the dredged sediments .

3.8 The Permit Holder shall carry out water quality monitoring in full accordance with the updated EM&A programme submitted and approved under Condition 2.2 of this Permit. The Permit Holder shall submit three hard copies and one electronic copy of monthly EM&A Report to the Director within 2 weeks after the end of the reporting month.

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.