Environmental Permit No. EP-400/2010
環境許可證編號EP-400/2010
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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 (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 to 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 (下稱”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。本環境許可證是依據下列文件、批准或許可而簽發：
|
Application No. 申請書編號 |
AEP-400/2010 |
|||
|
Document in the Register : 登記冊上的文件: |
1. Project Profile – “Major Restoration to the Residence of Ip Ting-sz, Lin Ma Hang Tsuen, Sha Tau Kok, New Territories” (Register No.: PP-420/2010) 工程項目簡介-"新界沙頭角蓮麻坑村葉定仕故居修復工程" (登記冊編號: PP-420/2010)
2. The Director’s letter of permission to apply directly for environmental permit dated 8 September 2010 (Ref. : (15) in EP2/N7/Q/66) 署長於2010年9月8日發出批准直接申請環境許可證的信件 (檔案編號: (15) in EP2/N7/Q/66)
3. Application for Environmental Permit submitted by the Permit Holder on 9 September 2010 (Application No.: AEP-400/2010) 許可證持有人於2010年9月9日提交的申請文件 (申請書編號: AEP-400/2010)
|
|||
|
29 September 2010 |
|
||
|
Date 日期 |
|
(Maurice K.L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音)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
|
Major Restoration to the Residence of Ip Ting-sz, Lin Ma Hang Tsuen, Sha Tau Kok, New Territories. [This designated project is hereinafter referred to as "the Project"] 新界沙頭角蓮麻坑村葉定仕故居修復工程。 [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
|
Building works within a site of cultural heritage. 於文化遺產地點進行建築工程。
|
|
Location of Designated Project 指定工程項目的地點
|
Lin Ma Hang Tsuen, Sha Tau Kok. The location of the Project is shown in Figure 1 of this Permit. 沙頭角蓮麻坑村。工程項目的位置見載於本許可證夾附的圖一。
|
|
Scale and Scope of Designated Project |
To carry out restoration works at the Residence of Ip Ting-sz (“the Residence”), including reconstruction of roof; and internal and external redecorations. 重修葉定仕故居（以下簡稱「故居」），主要工程包括重新建造故居屋頂，室內外裝修及粉飾。 |
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), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance (Cap.208). This Permit does not of itself constitute any ground of defense 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 and 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 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 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 site entrances/exits or 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 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 the Project in accordance with the project description in Part B of this Permit.
1.7 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-420/2010) in the EIA Ordinance Register, the information and 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 two weeks of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 All submissions approved 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 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 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.
1.12 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.
1.13 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
2.1 The construction works of the Project shall only be carried out within the works boundary as indicated in Figure 2 of this Permit.
2.2 The Permit Holder shall monitor and supervise all the restoration works to ensure that the restoration works will follow the original design and heritage features of the Residence.
2.3 To avoid and minimize the potential impact on the bats residing at the Residence, the following measures shall be implemented :-
(a) the Project works at the Residence of Ip Ting-sz shall only be carried out from November to March inclusive during which the bats will leave the Residence for hibernation at other places. The Permit Holder shall inspect the works area to confirm that all bats have left and shall obtain the Director’s approval prior to the commencement of construction.
(b) the kitchen annex next to the Residence shall be enhanced to provide a habitat for bats. A bat-friendly gate with horizontal bars shall be installed at the kitchen building to allow bat’s flight but at the same time to control human access to the kitchen. Detailed design, maintenance and monitoring requirements of the bat-friendly gate shall be submitted to the Director for approval at least two months before installation.
2.4 To minimize the impacts on water quality of nearby Lin Ma Hang Stream, which is a Site of Special Scientific Interest, the following measures shall be implemented:
(a) a hoarding shall be erected along the works boundary shown in Figure 3 of this Permit to separate the project site from the stream and sand bags will be placed along the edge of the hoarding to prevent discharge of surface run-off into the stream.
(b) the construction works shall only be carried out during the dry season from November to March inclusive to minimize impacts on water quality of nearby stream due to site runoff.
(c) no direct discharge or dumping activity shall be carried out to the nearby Lin Ma Hang Stream.
2.5 To minimize construction noise impact to the nearby Lin Ma Hang Tsuen, only hand-held power tools and hand-held manual tools shall be used for carrying out the construction works of the Project.
2.6 The Permit Holder shall submit a landscape plan to the Director for approval no later than four weeks after commencement of the construction works. The plan shall show the general layout of the garden with information on the plantations.
2.7 The landscaping measures shall be implemented for the Project in accordance with the landscape plan approved under Condition 2.6 of this Permit.
2.8 Environmental monitoring and audit programme should be carried out as recommended in the Project Profile (Register No. PP-420/2010).
2.9 An independent checker shall be employed by the Permit Holder to audit the implementation of all mitigation measures and environmental monitoring and audit programme recommended in the Project Profile (Register No. PP-420/2010) and to confirm in writing in the monthly audit report full implementation of the measures and environmental monitoring and audit programme. Three hardcopies and one electronic copy of the monthly audit report shall be submitted 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 (Descriptions 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 EIAO, and 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, 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 EIAO 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 responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the EIAO to the Director for a further environmental permit.
5. Under Section 14 of the EIAO, 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 site.
6. If this Permit is cancelled or surrendered during operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.
7. Any person who operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
Environmental Permit No. EP-400/2010
境許可證編號EP-400/2010