Environmental Permit No. EP-522/2017

環境許可證編號: EP-522/2017

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 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 Food and Health Bureau (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) 第10條的規定，環境保護署署長(署長)將本環境許可證批予食物及衛生局(下稱“許可證持有人”)以建造及營辦B部所說明的指定工程項目，但須遵守C 部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發﹕

 

Application No.

申請書編號:

AEP-522/2016

 

Document in the Register:

登記冊上的文件：

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

 

(3)

A Rooftop Helipad at the Proposed New Block of Queen Mary Hospital

(Register No. AEIAR-208/2017)

-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”]

 

瑪麗醫院新醫院大樓天台直升機坪

(登記冊檔號: AEIAR-208/2017)

-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 22 March 2017 (Reference: (20) in EP2/H10/B/10 Pt.2)

 

署長於2017年3月22日發出批准環評報告的信件 (檔案編號：(20) in EP2/H10/B/10 Pt.2)

 

Application for environmental permit submitted by the Permit Holder on 21 November 2016 (Application No. AEP-522/2016)

 

許可證持有人於2016年11月21日提交的環境許可證申請 (申請書編號:AEP- 522/2016)

 

 

 

 

 

 

                       

            22 March 2017

         2017年3月22日

Date

日期

 

(Tony W.H.CHEUNG)

Acting Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(署理首席環境保護主任 張偉雄 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

A Rooftop Helipad at the Proposed New Block of Queen Mary Hospital [This designated project is hereinafter referred to as “the Project”]

 

瑪麗醫院新醫院大樓天台直升機坪

[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

 

A helipad within 300 m of existing residential development

 

在現有的住宅發展300米內的直升機升降場

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圖1。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

 

The Project is to construct and operate a helipad solely for medical emergency purposes, which mainly comprises:-

 

(i)     A helipad structure (approx. 40 metres in diameter)

(ii)    Other associated structures and utilities, etc.

 

工程項目包括建造及營辦一個只供緊急醫療服務的直升機坪，主要組成部分為：

(i)          一個直升機坪結構(直徑約40米)

(ii)        其他有關結構及設施等

 

 

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 (EIAO) (Cap. 499) and may become the subject of appropriate action being taken under the EIAO.

 

1.2        The Permit Holder shall ensure full compliance with all legislations from time to time in force including, without limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise Control Ordinance (Cap. 400). 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 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 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-208/2017), the application document for Environmental Permit (Application No. AEP-522/2016), other relevant documents in the 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 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, 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 (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 2.2 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 Permit Holder shall notify the Director in writing the commencement dates of construction and operation of the Project no later than 1 month prior to the commencement of construction and operation of the Project. The Permit Holder shall notify the Director 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 clearance and preparation, or other works as agreed by the Director.

 

2.       SPECIFIC CONDITIONS

 

Submissions and Measures before Commencement of Construction of the Project

 

Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

2.1          An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) 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 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 EM&A Manual of the Project. 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 EIA Report (Register No.: AEIAR-208/2017) and this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. 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 the EIA Report (Register No.: AEIAR-208/2017) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, 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       An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every change of circumstances or non-compliance with the recommendations of the EIA Report (Register No.: AEIAR-208/2017) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In case the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, 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 to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

 

Management Organization of Main Construction Companies

 

2.3       The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/ or any form of joint ventures associated with the Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

            Submission of Operational Helicopter Noise Mitigation Measures Plan

 

2.4       The Permit Holder shall, no later than one month prior to the installation of noise barriers of the Project, submit the Director four hard copies and one electronic copy of an Operational Helicopter Noise Mitigation Measures Plan for approval. The Plan shall include an updated prediction of noise levels in accordance with the updated information and mitigation proposals in place. Before submission to the Director, the Operational Helicopter Noise Mitigation Measures 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-208/2017) and all relevant documents in the Register, or otherwise approved by the Director in compliance with the requirements in “Technical Memorandum on Environmental Impact Assessment Process”.

 

Submissions and Measures Before and During operation of the Project

 

    Measures to Mitigate Noise Impacts during Operation of Helipad (including trial flight)

2.5        Unless otherwise approved by the Director, the Permit Holder shall comply with the following conditions for the purpose of mitigating the helicopter noise impact:-

 

(i)        No helicopter flights shall be operated for the purpose of commercial operations, training flights, transportation of guests, or other non-emergency uses (except for trial flights).

 

(ii)        The Permit Holder shall notify the Director in writing the schedule of any trial flights for evening time and night time (i.e. from 1900 hours to 0700 hours the next day) of the Project at least two weeks prior to the flights; and

 

(iii)        Helicopter type of "Airbus H175" as recommended in the EIA Report (Register No. AEIAR-208/2017), or other quieter helicopter(s) supported with justifications by the ET Leader and verified by the IEC, shall be used in the Project.

 

Submission of Helicopter Flight Plan

2.6       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; and

 

(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-208/2017) and shall be fully and properly implemented.

 

3.                  ENVIRONMENTAL MONITORING AND AUDIT REQUIREMENTS

 

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 carry out the following items in accordance with the requirements of the EM&A Manual:

 

(i)                  conduct environmental site audits in accordance with the time frame set out in the EM&A Manual;

 

(ii)                carry 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

 

(iii)               log and keep records of the details of (ii) 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.

 

 

3.3               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.

             

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

 

4.         ELECTRONIC REPORTING OF EM&A INFORMATION

 

4.1        To facilitate public inspection of the 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 3.3 and 3.4 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.

 

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.

 

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 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.

 

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.

 

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.

 

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:

 

(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-522/2017

環境許可證編號:EP-522/2017


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