Environmental Permit No. EP-227/2005

       環境許可證編號 EP-227/2005

 

 

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 DESIGNATED PROJECTS

營辦指定工程項目的的環境許可證

 

 

PART A (MAIN PERMIT)

A部 (許可證主要部分)

 

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Civil Engineering and Development Department (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(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土木工程拓展署(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-227/2005

 

 

Documents in the Register

登記冊上的文件

(1)       Tai O Sheltered Boat Anchorage – Environmental and Drainage Impact Assessment

-          Environmental Impact Assessment – Final Assessment Report

-          Environmental Monitoring and Audit Manual

-          Environmental Impact Assessment – Executive Summary

(Register No.: AEIAR-036/2000) [Hereinafter referred to as “the EIA Report”]


大澳船隻碇泊保護區 – 環境及渠道影響評估
-       環境影響評估 –最終評估報告
-       環境監察及審核手冊
-       環境影響評估 – 行政摘要

 (登記冊編號：AEIAR-036/2000) [下稱 “環評報告”]

 

(2)     The Director’s letter of approval of the EIA Report dated 12 July 2000 (ref: An(1) to EP2/N9/C21)

署長於2000年7月12日發出批准環評報告的信件(檔案編號：An(1) to EP2/N9/C21)

 

(3)       Application documents for environmental permit including all attachments submitted by the Permit Holder on 13 August 2005 (Application No. AEP-227/2005).

許可證持有人於2002年8月13日提交的環境許可證申請文件包括所有附件(申請書編號：AEP-227/2005)

 

 

 

 

 

 

 

 

              September 2005

 

 

 

 

 

 

 

 

Date

日期

 

 

(Simon Y M HUI)

Principal Environmental Protection Officer

(Regional Assessment Group)

for the Director of Environmental Protection

環境保護署署長

(首席環境保護主任(區域評估組)許一鳴代行)

 

 

PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)

B部 (指定工程項目的說明)

 

 

Hereunder is the description of the designated 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

Tai O Sheltered Boat Anchorage

[The above designated project is hereinafter referred to as “the Project”]

大澳船隻碇泊保護區

[這指定工程項目下稱 “工程項目”]

 

Nature of Designated Project

指定工程項目的性質

A typhoon shelter designed to provide moorings for not less than 30 vessels.
一個避風塘，用以提供可容納不少於30艘船隻的碇泊處。

 

Location of Designated Projects

指定工程項目的地點

Tai O, Lantau. The location of the Project is shown in Figure 1 attached to this Permit.

大嶼山大澳。工程項目的地點載於本許可證圖1。

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Operation of 4 ha. sheltered boat anchorage for small boats/fishing vessels including a breakwater of about 350m long and associated marine access channels, 0.23 ha. promenade including landing steps, 0.22 ha. of land for  bus terminus, mangrove planting area and the restored historic seawall of about 630m long.

 

營辦面積4公頃供小艇/漁船使用的船隻碇泊保護區，包括約長350米的防波堤及相關的船舶進出航道， 營辦面積0.23公頃的散步長廊附連登岸梯級及0.22公頃土地巴士總站，營辦栽種的紅樹林用地，以及修復具歷史價值的630米海堤。

 

 

 

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 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 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 defense against any proceedings instituted under any legislation.

 

1.3   The Permit Holder shall give a copy of this Permit to the person(s) in charge of the operation of the Project 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 of the Project(s) and shall mean the same hereafter.

 

1.4   The Permit Holder shall operate the Project in accordance with the project descriptions in Part B of this Permit.

 

1.5   The Permit Holder shall ensure that the Project is operated in accordance with the information and recommendations described in the EIA report (Register No. AEIAR-036/2000); other relevant documents in the Register; and the information or mitigation measures described in this Permit, or 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, or mitigation measures to be recommended under on-going surveillance and monitoring activities during operation 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.

 

1.6   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.

 

1.7   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. 

 

1.8       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.

 

1.9       The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one month prior to the commencement of operation of the Project.  The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

 

1.10    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.

 

2.  Specific Conditions for the Operation of the Project

 

2.1    The Permit Holder shall fully implement the EM&A programme in accordance with the requirements set out in the approved EM&A Manual for operation of the Project. Four hard copies and one electronic copy of monthly EM&A Reports shall be submitted to the Director within 2 weeks after the end of the reporting month.

 

2.2  The Permit Holder shall only use grab dredgers for dredging marine sediments in Tai O Bay for the maintenance dredging of the Project. No more than two (2) grab dredgers shall be operated for maintenance dredging at all times.

 

2.3  The Permit Holder shall use grab dredger and barge fitted with tight-fitting seals at their bottom openings to carry out dredging operation and to transport the dredged material respectively.

 

2.4  The Permit Holder shall only use grab of size no more than 8m3 for dredging contaminated sediment during maintenance dredging.

 

2.5  The Permit Holder shall transport contaminated mud to disposal sites by split barges of not less than 750m3 capacity, capable of rapid opening and discharge to the disposal site.

 

2.6  The Permit Holder shall not carry out maintenance dredging between April and August in order to protect the annual recruitment of juvenile fish that take place in the period.

 

2.7  The restored historic seawall of about 630m shall be properly maintained at all times.

 

 

 

 

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).  Any person relying on this Permit should obtain independent legal advice on the legal implications under the Ordinance, and that the following notes are for general information only.

2.                If there is a breach of any condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works (the Secretary), 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 Environmental Permit.  The Permit Holder shall replace the original Permit displayed on the operation site, by the amended Permit.

4.                A person who assumes 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, suspend, vary or cancel this Permit.  The suspended, varied or cancelled shall be removed from the display at the operation site.

6.                If this Permit is cancelled or surrendered during the implementation 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 of indictment to a fine of $2 million and imprisonment for 6 months;

(ii)              on a second or subsequent conviction on indictment to a fine of $5 million and imprisonment for 2 years;

(iii)            on a first summary conviction to a fine at level 6 and imprisonment for 6 months;

(iv)           on a second or subsequent summary conviction to a fine of $1 million and 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 that 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.

 

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