Environmental Permit No. EP-510/2016

                                                          環境許可證編號: EP-510/2016

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

SECTION 10

環境影響評估條例

(499)

10

 

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

 

 

PART A (MAIN PERMIT)

A (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 construct and 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) 10條的規定,環境保護署長(署長)將本環境許可證批土木工程拓展署(下稱許可證持有人”)以建造營辦B所說明的指定工程項目,但須遵守C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-510/2016

 

Document in the Register:

登記冊上的文件

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

(3)

Police Facilities in Kong Nga Po

(Register No. AEIAR-201/2016)

-Environmental Impact Assessment Report

[Hereinafter referred to as the “EIA Report”]

-EIA Executive Summary

[Hereinafter referred to as the “EIA Executive Summary”]

-Environmental Monitoring and Audit Manual

[Hereinafter referred to as the “EM&A Manual”]

 

缸瓦警察設施

(登記檔號: AEIAR-201/2016)

-環境影響評估報告 [下稱「環評報告」]

-環境影響評估報告行政摘要 [下稱「環評行政摘要」]

-環境監察及審核手冊 [下稱 環監手冊]

 

The Director’s letter of approval of the EIA Report dated 20 October 2016 (Reference: (78) in EP2/N7/B/82)

署長於20161020日發出批准環評報告的信件 (檔案編號:(78) in EP2/N7/B/82)

 

Application for environmental permit submitted by the Permit Holder on 30 May 2016 (Application No. AEP-510/2016)

許可證持有人於2016530日提交的環境許可證申請 (申請書編號:AEP- 510/2016)

 

 

 

 

 

 

          1 November 2016

         2016111

Date

日期

 

(C. F. WONG)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署長

(首席環境保護主任黃傳輝代行)


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提指定工程項目的說明

 

Title of Designated Project

指定工程項目的名稱

Police Facilities in Kong Nga Po [This designated project is hereinafter referred to as “the Project”]

 

缸瓦警察設施

 [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

 

(i)                 A helipad within 300m of existing or planned residential development; and

在現有的或計劃中的住宅發展300米內的直升機升降場以及

(ii)               An open firing range.

露天射擊場。

 

Location of Designated Project

指定工程項目的地點

 

The location of the Project is shown in Figure 1 of this Permit.

工程項目的地點見本許可證1

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

 

The Project mainly includes:

 

1.                  Construction and operation of various police facilities including:

 

(i)          a helipad;

(ii)        two firing ranges; and

(iii)      other facilities, associated infrastructure & utilities, etc.

 

2.                  Improvement works to a section of the existing Kong Nga Po Road between Man Kam To Road and the Project site.

 

工程項目主要包括以下各項:

1.                  建造及營辦各項警察設施,包括:

 

(i)          一個直升機坪;

(ii)        兩個練靶場;以及

(iii)      其他設施,附屬基礎建設和公用設施等。

 

2.                  一段介乎文錦渡路至工程項目地點的缸瓦路的改善工程。

 

 


PART C (PERMIT CONDITIONS)

C (許可證條件)

1.         GENERAL CONDITIONS

        一般

 

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 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 and 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 in 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 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 and operate 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, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-201/2016), the application documents for Environmental Permit (Application No. AEP-510/2016), other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in the 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 amended in this Permit.

           

1.8       All deposited 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.

           

1.9       All submissions approved by the Director, all submissions deposited without comments by the Director, and 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 2.6 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.

           

1.12     The Director shall be notified in writing the commencement dates of construction and operation of the Project no later than one month prior to the respective commencement of construction and operation of the Project. The Director shall be notified in writing immediately if there is any change of the commencement dates of the construction and operation.

           

1.13     For the purpose of this Permit, “commencement of construction” does not include works related to site investigation, clearance and preparation, or other works as agreed by the Director.

           

2        SPECIFIC CONDITIONS

特定條件

Submissions and/or Measures before Commencement of Construction of the Project

Employment of Environmental Team (ET)

 

2.1              A single full time on-site ET, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than 3 months before the commencement of construction of the Project.  The ET shall be directly supervised by the Engineer’s Representative of the Permit Holder (ER) and shall not be in any way an associated body of the Contractor or the IEC for the Project.  The Permit Holder shall provide a site office to the ET for use. The ET shall be headed by a full time on-site 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. 

 

2.2              The ET and the ET Leader shall be responsible for:

 

(i)                  implementing the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project as mentioned in Condition 3.1 below;

 

(ii)                certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)              carrying out site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the EM&A Manual of the Project and to take pro-active actions to pre-empt environmental problems;

 

(iv)              notifying the IEC within one working day of the occurrence of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the approved EIA Report (Register No. AEIAR-201/2016) and this Permit; and

 

(v)                keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances. The log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-201/2016) and this Permit or by the Director or his authorized officers.

 

2.3              Failure to maintain records in the log-book, or failure to discharge the duties of the ET Leader as defined in the EM&A Manual and Condition 2.2 above 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 such replacement, or further failure to comply with this Condition despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

 

Employment of Qualified Ecologist(s)

 

2.4              The Permit Holder shall, no later than 3 months before the commencement of the construction of the Project, appoint Qualified Ecologist(s) to form part of the ET to carry out work relating to ecological aspects including but not limited to a detailed vegetation survey, a baseline survey for Golden-headed Cisticola and submissions for the Project as required under Conditions 2.13 to 2.15 respectively, and the planting of larval food plants of butterfly species of conservation interest under Condition 2.21.  Each Qualified Ecologist shall be a person who has at least 5 years of relevant experience.  The qualification and experience of the Qualified Ecologist(s) shall be certified by the ET Leader and verified by the IEC.

 

Employment of Registered Landscape Architect

 

2.5              The Permit Holder shall, no later than 1 month before the commencement of the construction of the Project, appoint a Registered Landscape Architect to form part of the ET to carry out work relating to landscape aspects including but not limited to auditing mitigation measures to ensure compliance with the recommendations of the approved EIA Report (Register No. AEIAR-201/2016) and to certify submissions for the Project as required under Conditions 2.18 and 2.19. The qualification and experience of the Registered Landscape Architect shall be certified by the ET Leader and verified by the IEC.

 

Employment of IEC

 

2.6              A single full time on-site IEC with a supporting team, unless otherwise approved by the Director, shall be employed by the Permit Holder no later than 3 months before the commencement of construction of the Project.  The IEC and his team shall not be in any way an associated body of the ER, the Contractor or the ET for the Project.  The IEC shall be approved by the Director before appointment by the Permit Holder. The Permit Holder shall provide a site office to the IEC and his supporting team for use.  The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

 

2.7              The IEC shall report directly to the Director and shall submit to the Director for approval, no later than 1 month before the commencement of the construction of the Project, a proposal on the reporting mechanism covering the approaches for the IEC and the supporting team to report to the Director on:

 

(i)                  how to discharge all the IEC duties specified under the EM&A programme and this Permit, taking into account the construction activities and programme of the Project and Conditions 2.1 to 2.5 above;

 

(ii)                how to handle each and every change of circumstances, emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling) or non-compliance (including suspects of non-compliance) with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-201/2016), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project; and

 

(iii)              how to keep proper records in order to respond to questions and enquires from the Director on the EM&A programme and duties discharged by the IEC.

2.8              The IEC shall be responsible for duties defined in the EM&A Manual and this Permit, including but not limited to the following:

 

(i)                  to audit the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site;

 

(ii)                to verify the environmental acceptability of permanent and temporary works, relevant design plans and submissions required in the  EM&A Manual and under this Permit;

 

(iii)              to verify the log-book(s) mentioned in Condition 2.2(v);

 

(iv)              to notify the Director by fax or email, within one working day of receipt of notification from the ET Leader, or identification by the IEC and his team, of each and every change of circumstances and emergency events mentioned in Condition 2.7(ii). Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition;

 

(v)                to accompany the Director in carrying out site inspections and attending meetings when requested;

 

(vi)              to offer objective and professional advice on environmental issues, when requested, and to respond to questions and enquires from the Director on the EM&A programme and duties discharged by the IEC, with the support of relevant information, documents and records as appropriate; and

 

(vii)            to allocate adequate resources, including any necessary specialist support having regard to the specialists in the ET under Conditions 2.4 to 2.5, for discharging the duties required in this Permit and the EM&A Manual.

2.9              If the Director considers the IEC fails to discharge the duties of the IEC as defined in the EM&A Manual or in this Permit, 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 of the IEC to discharge his duties despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. 

 

Community Liaison Hotline

 

2.10          A telephone hotline shall be set up prior to the commencement of construction and shall be operated during the construction of the Project to handle complaints, comments, suggestions or requests for information from the public. The Permit Holder shall notify the Director the date of setting up the hotline and the contact details of the hotline at least 2 weeks before the commencement of construction of the Project. The contact details of the hotline shall be made available to the public via the dedicated website to be set up by the Permit Holder as described in Condition 4.2 of this Permit.

 

Submission of Management Organizations

 

2.11           The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, inform the Director in writing with the following information which shall include at least an organization chart, names of responsible persons and their contact details:

(i)                  the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project; 

(ii)                the management organization of the ET; and

(iii)                the management organization of the IEC and his supporting team.
 

Submission of Construction Works Schedule and Location Plans

 

2.12          The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, deposit 4 hard copies and 1 electronic copy of a Works Plan with the Director. The plan shall include at least the following information/specifications:

 

(i)                  a detailed phasing programme of all construction works including site formation, foundation works, construction of general building and structure and improvement works to existing Kong Nga Po Road of the Project; and

 

(ii)                location plan of all construction works in an appropriate scale as agreed by the Director.

 

Submission of Detailed Vegetation Survey Report

 

2.13          To reduce the impact on flora species of conservation interest due to construction of the Project, including Cycad-fern (Brainea insignis), Fortune’s Keteleeria (Keteleeria fortunei) and Ladies Tresses (Spiranthes sinensis) and any other flora species of conservation interest identified during the detailed vegetation survey, the Permit Holder shall:

 

(i)                  no later than 3 months before start of site clearance, submit 4 hard copies and 1 electronic copy of a Detailed Vegetation Survey Report showing the methodology as well as survey results, including the updated conditions, number and locations of the individuals of flora species of conservation interest identified within the works boundary, including Kong Nga Po Road, confirming whether any individuals of these species would be directly affected by the proposed works, recommending protective measures for identified individuals of each species where in situ preservation is feasible, and assessing the suitability and / or practicality of the transplantation of those individuals to be directly affected to the Director for approval; and

 

(ii)                no later than 1 month before commencement of plant transplantation, submit 4 hard copies and 1 electronic copy of a Transplantation Proposal showing methodology of transplantation for each species, plans with proposed recipient locations, post-transplantation maintenance schedule for each species and detailed implementation programme to the Director for approval;

 

2.14          The Detailed Vegetation Survey Report and the Transplantation Proposal shall be prepared by the Qualified Ecologist(s) appointed under Condition 2.4 and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-201/2016). All recommended measures as set out in the deposited Detailed Vegetation Survey Report and the Transplantation Proposal shall be fully and properly implemented.

 

Submission of Baseline Survey Report for Golden-headed Cisticola

 

2.15          The Permit Holder shall conduct a baseline survey for Golden-headed Cisticola covering the remote grasslands in the ecological assessment area, i.e. within a distance of 500 metres from the boundary of the Project site. The Permit Holder shall no later than 1 month before start of site clearance, submit 4 hard copies and 1 electronic copy of a report on the survey results to the Director for approval. The survey report shall propose appropriate measures to be adopted to reduce the impacts, if necessary.

 

Submission of Revised Layout Plan of Kong Nga Po Road

 

2.16         The Permit Holder shall minimize ecological disturbances in the road improvement works along Kong Nga Po (KNP) Road, with a view to preserving individuals of Keteleeria fortunei (油杉) and other species of conservation interest. To this end, use of passing bays or traffic control measures at suitable locations in lieu of road widening should be explored and adopted where appropriate. The Permit Holder shall no later than 1 month before the commencement of the construction works for KNP Road submit 4 hard copies and 1 electronic copy of a revised layout plan of KNP Road in the scale of at least 1:1000, or other appropriate scale as agreed by the Director, to the Director for approval. The plan shall be submitted with an explanatory statement detailing the works boundaries, the works areas, vertical and horizontal alignments of the roads and other nearby major buildings, structures and facilities; and the locations of individuals of Keteleeria fortunei (油杉) and other species of conservation interest.

 

Submission of Layout Plan for Permeable Pavings

 

2.17          The Permit Holder shall use permeable pavings to minimize surface runoff and to retain stormwater for landscaping and irrigation purposes in the Project site as far as practicable. The Permit Holder shall no later than 1 month before the commencement of the construction works of the Project, submit 4 hard copies and 1 electronic copy of the layout plan for permeable pavings to the Director for approval. The plans shall be in the scale of 1:1000, or other appropriate scale as agreed by the Director, and shall include details of the paving materials and justifications with supporting evidence for any area using non-permeable pavings.

 

            Submission of Landscape and Visual Mitigation Plan(s)

 

2.18          The Permit Holder shall no later than 1 month before the commencement of construction of relevant part(s) of the Project, submit 4 hard copies and 1 electronic copy of a Landscape and Visual Mitigation Plan(s), which shall be certified by the Registered Landscape Architect appointed under Condition 2.5, and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-201/2016) to the Director for approval.

 

2.19          The Landscape and Visual Mitigation Plan(s) shall include the locations, size, number and species of planting, design details, implementation programme, maintenance and management schedules of the landscape and visual mitigation measures recommended in the EIA Report (Register No. AEIAR-201/2016) and drawings in the scale of 1:1000, or other appropriate scale as agreed by the Director, showing the landscape and visual mitigation measures of the Project. The plan shall include details of the compensatory planting proposal for trees affected by the Project. The plan shall also specify details of the plant species as larval food plants of butterflies as required under Condition 2.21 below.

 

Submission of Plan for Perimeter Walls/ Boundary Walls at Project Site and Side Walls of Firing Ranges

 

2.20          To reduce operational noise impact from firing ranges, the Permit Holder shall no later than 1 month before the commencement of construction of relevant part(s) of the Project, submit 4 hard copies and 1 electronic copy of a plan for the design of perimeter wall/ boundary wall at the Project site and side walls at reprovisioned Ma Tso Lung Firing Range (see Figure 1) to the Director for Approval. The plan shall include but not limited to the design, locations, height and materials of the perimeter wall/ boundary wall at the Project site and side walls at reprovisioned Ma Tso Lung Firing Range and shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-201/2016).

 

 

Submissions and/ or Measures to be Implemented before Commencement of Operation of the Project

 

Measures to Mitigate Ecological Impacts on Butterfly Species of Conservation Interest

 

2.21          To minimize impact on butterfly species of conservation interest, the re-establishment of the new grassland areas in the Project site shall be enhanced, through planting of appropriate plant species which are the larval food plants of butterfly species of conservation interest such as Small Three-Ring, in order to benefit these species.

 

Measures to Mitigate Noise Impacts during Operation of Helipad

 

2.22          To reduce noise impacts during operation of the helipad, the following mitigation measures shall be implemented:

 

(i)                  The police training activities involving any helicopter operation shall be restricted to 7am to 7pm; and

 

(ii)                the Permit Holder shall not allow more than 2 helicopters to operate at the helipad at the same time. When 1 helicopter is hovering, approaching or taking-off from the helipad, the other helicopter operating at the same time is only allowed to idle on the helipad.

 

Submission of Helicopter Flight Plan

 

2.23          The Permit Holder shall no later than 1 month before the commencement of operation of the Helipad submit to the Director for approval 4 hard copies and 1 electronic copy of a flight plan showing the flight paths and approach & take-off angles for the helicopter. The plan shall include at least the following information:

 

(i)                  A detailed flight profile;

 

(ii)                Figures showing the restricted ranges of approach/ taking-off flight paths and angles

 

(iii)              A detailed implementation programme for the proposed flight profile.

 

The plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-201/2016) and shall be fully and properly implemented.

 

3                    ENVIRONMENTAL MONITORING AND AUDIT REQUIREMENTS

         環境監察及審核規定

 

3.1       The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements as set out in the EM&A Manual. Any changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval.

 

3.2       The Permit Holder shall take samples, measurements and necessary remedial actions in accordance with the requirements of the EM&A Manual by:

 

(i)                 conducting baseline environmental monitoring;

 

(ii)               conducting impact monitoring;

 

(iii)             carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and

 

(iv)             logging and keeping records of the details of (i) to (iii) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

 

3.4       The Permit Holder shall submit 4 hard copies and 1 electronic copy of relevant Baseline Monitoring Reports to the Director at least 1 month before the commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the Baseline Monitoring Reports shall be provided upon request by the Director.

 

3.5       The Permit Holder shall submit 4 hard copies and 1 electronic copy of Monthly EM&A Reports for the construction stage of the Project to the Director, within 2 weeks after the end of the reporting month.  The monthly EM&A Reports shall include an executive summary of all environmental audit results, together with actions taken in the event of non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels), complaints received and emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling).  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the Monthly EM&A Reports shall be provided upon request by the Director.

               

3.6     All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

3.7     To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, 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 website to be set up by the Permit Holder under Condition 4.2 below, in the shortest practicable time and in any event no later than 2 weeks after such information is available, unless otherwise agreed by the Director.

 

4.         ELECTRONIC REPORTING OF EM&A INFORMATION

環監資料的電子

 

4.1       To facilitate public inspection of the 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 Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.4 and 3.5 above.  For the HTML version, a content page capable of providing hyperlink to 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 in 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, at least 2 weeks before the commencement of construction of the Project, set up a dedicated Internet website and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed.  All environmental monitoring data described in Condition 4.1 above shall be made available to the public via the abovementioned dedicated Internet website as mentioned in Condition 3.7. All finalized submissions and plans shall be made available to the public via the dedicated Internet website in the shortest possible time and in any event no later than 2 weeks after the submissions and plans are approved by or deposited with the Director, unless otherwise agreed with the Director. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and until 6 months after the last EM&A report is uploaded, or otherwise as agreed by the Director.

 

4.3       The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the Project Profile and this Permit.  The Internet website shall have features capable of: 

(i)         providing access to all environmental monitoring data of this Project collected   since the commencement of construction;

 

(ii)       searching by date;

(iii)     searching by types of monitoring data; and

(iv)     hyperlinking 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 shall obtain independent legal advice on the legal implications under the EIAO, and the following notes are for general information only.

            本許可證共有3部,即A (許可證主要部分)B (指定工程項目的說明) C (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見,下述註解只供一般參考用。

 

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.

            如違反本許可證的任何條件,署長或獲授權人員徵得環境局局長的同意後勒令停止相關工程,直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下,許可證持有人未經署長或獲授權人員同意,不得進行任何相關工程。

 

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.

            許可證持有人可根據環評條例第13條的規定向署長申請更改本環境許可證的條件。許可證持有人須將經修改的許可證替換在建造工地內展示的原有許可證。

 

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 EIAO to the Director for a further environmental permit.

承擔工程項目整項或部分工程的責任的人,在承擔責任之前,可根據環評條例第12條的規定向署長申請新的環境許可證。

 

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 Project site.

根據環評條例第14條的規定,署長可在環境局局長的同意下暫時吊銷、更改或取消環境許可證。遭暫時吊銷、更改或取消的環境許可證必須從工程項目工地除下,不再展示。

 

6.         If this Permit is cancelled or surrendered during the construction or 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 1 and 2 of Schedule 2 of the EIAO without a valid environmental permit.

如果本許可證在工程項目建造或營辦期間取消或交回,則在繼續營辦工程項目之前,必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定,任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表212部所列明的指定工程項目,即屬犯罪。

 

7.         Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable:
如任何人在違反本許可證的條件下建造或營辦工程項目,根據環評條例,即屬犯罪

(i)                 on a first conviction on indictment to a fine of $2 million and to   imprisonment for 6 months;
一經公訴程序首次定罪,可處罰款200萬元及監禁6個月;

(ii)               on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
一經公訴程序第二次或其後每次定罪,可處罰款500萬元及監禁2年;

(iii)             on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經簡易程序首次定罪,可處第6級罰款及監禁6個月;

(iv)             on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
一經簡易程序第二次或其後每次定罪,可處罰款100萬元及監禁1年;及

(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.
在任何情況下如該罪行屬持續性質,則法院或裁判官可就其信納該罪行持續的每天另處罰款10,000元。

 

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.

許可證持有人可在接獲本許可證後30天內,根據環評條例第17條就本許可證的任何條件提出上訴。

 

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.

上述註解只供一般參考用,欲知有關詳情,許可證持有人須參閱環評條例及徵詢獨立法律意見。

 

Environmental Permit No. EP-510/2016

環境許可證編號:EP-510/2016

 

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