Environmental Permit No. FEP-01/177/2003/D
環境許可證編號FEP-01/177/2003/D
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10及12條
FURTHER ENVIRONMENTAL PERMIT TO
CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的新的環境許可證
A部 (許可證主要部分)
Pursuant to Sections 10 and 12 of the
Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants this Further Environmental
Permit to the SKYRAIL-ITM (HONG KONG) LIMITED (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.
根據環境影響評估條例(環評條例)第10及 12 條的規定，環境保護署署長(署長)將本新的環境許可證批予SKYRAIL-ITM (HONG KONG) LIMITED (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。
The issue of this Further Environmental
Permit is based on the documents, approvals or permissions described below:
本新的環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
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Application
No. 申請書編號 |
FEP-072/2006 |
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Document
in the Register : 登記冊上的文件： Document
in the Register : 登記冊上的文件： Document
in the Register : 登記冊上的文件： |
1.
Tung
Chung Cable Car Project -
Environmental Impact Assessment Report (Final) -
Environmental Impact Assessment - Executive Summary -
Environmental Monitoring and Audit Manual Hereinafter
referred to as the “EIA Report” (Register No. : AEIAR-074/2003) 東涌吊車項目 -
環境影響評估報告（最終） -
環境影響評估報告
- 行政摘要 -
環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-074/2003） 2.
The
Director’s letter of approval of the EIA Report dated 9 June 2003 referenced
EP2/N9/Q/83 環境保護署署長於 3.
Project
Profile – “Tung
Chung Cable Car Project – (Register No.: PP-193/2003) 工程項目簡介 ― “東涌吊車項目 - 昂坪溪流改道” （登記冊編號：PP-193/2003） 4.
The
Director’s letter of permission to apply directly for environmental permit
dated 4 September 2003 referenced EP2/N9/Q/83 環境保護署署長於 5.
Application
for Environmental Permit dated 10 October 2003 (Application No.: AEP-177/2003)
許可證持有人於 6.
Environmental
Permit issued on 7 November 2003 (Permit No. EP-177/2003) 於 7.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 6 May 2004. (Application No. VEP-139/2004) 許可證持有人於二ＯＯ四年五月六日提交的更改環境許可證申請文件(申請書編號VEP-139/2004) 8.
Environmental
Permit issued on 1 June 2004 (Permit No. EP-177/2003/A) 於二ＯＯ四年六月一日發出的環境許可證 (許可證編號 EP-177/2003/A) 9.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 8 June 2004. (Application No. VEP-144/2004) 許可證持有人於二ＯＯ四年六月八日提交的更改環境許可證申請文件(申請書編號VEP-144/2004) 10.
Environmental
Permit issued on 7 July 2004 (Permit No. EP-177/2003/B) 於二ＯＯ四年七月七日發出的環境許可證 (許可證編號 EP-177/2003/B) 11.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 2 September 2004. (Application No. VEP-154/2004) 許可證持有人於二ＯＯ四年九月二日提交的更改環境許可證申請文件(申請書編號VEP-154/2004) 12.
Environmental
Permit issued on 30 September 2004 (Permit No. EP-177/2003/C) 於二ＯＯ四年九月三十日發出的環境許可證 (許可證編號
EP-177/2003/C) 13.
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 7 July 2005. (Application No. VEP-185/2005) 許可證持有人於二ＯＯ五年七月七日提交的更改環境許可證申請文件(申請書編號VEP-185/2005) 14.
Environmental
Permit issued on 4 August 2005 (Permit No. EP-177/2003/D) 於二ＯＯ五年八月四日發出的環境許可證 (許可證編號
EP-177/2003/D) 15.
Application
document for Further Environmental Permit submitted on 22 June 2006
(Application No. FEP-072/2006) 於二ＯＯ六年六月二十二日提交的新的環境許可證申請文件(申請書編號FEP–072/2006) |
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13 July 2006 |
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Date 日期 |
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(Simon
Y.M. Hui) Principal
Environmental Protection Officer For
the Director of Environmental Protection 環境保護署署長 (首席環境保護主任 許一鳴代行) |
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Part B (DESCRIPTIONS 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:
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Title of Designated Project 指定工程項目的名稱 |
Tung
Chung Cable Car Project (This
designated project is hereafter referred to as “the Project”) 東涌吊車項目 (本指定工程項目下稱“工程項目”) |
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Nature of Designated
Project 指定工程項目的性質 |
Construction
and operation of a cable car system which includes new access roads,
earthworks and building works in the Lantau North Country Park and the Proposed
Lantau North (Extension) Country Park (hereafter referred to as “the country
parks”) on the Lantau Island. 建造及營辦吊車系統，包括在位於北大嶼郊野公園和建議中的北大嶼郊野公園(擴建部分)(下稱“郊野公園”)內的新通路、土木工事和建築工程 |
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Location of Designated Project 指定工程項目的地點 |
Between
Tung Chung and Ngong Ping on the 大嶼山東涌和昂坪之間 The
location of the Project is shown in Figure 1 to
3 of this Permit. 工程項目的地點展示於本許可證圖1至3內 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
(a)
Operation of the cable car system; and 營辦吊車系統﹔和 (b)
Maintenance of the plants arising from
transplantation, compensatory planting, landscaping planting and other
planting implemented during construction of the Project. 保養在工程項目建造時由移植，補償種植，景觀美化種植及其他種植所產生的植物。 |
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 to, the Noise Control Ordinance (Cap. 400), Air Pollution Control
Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste
Disposal Ordinance (Cap. 354), Country Parks Ordinance (Cap.208), Waterworks
Ordinance (Cap.102), Aerial Ropeways (Safety) Ordinance (Cap 211) and Tung
Chung Cable Car Ordinance (Cap. 577). 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 and operation of the
Project(s) 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 convenient location(s) 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-074/2003), the Project
Profile (Register No. PP-193/2003) and other relevant documents in the
Register, the information and mitigation measures described in this Permit, the
information and recommendations described in submissions that deposited with or
approved by the Director as a result of permit conditions contained in the Environmental
Permit (Permit No.: EP-177/2003/D) for the Project, 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.
2. Measures
for Plant Maintenance during Construction of Certain Parts of the Project
2.1
The Permit Holder shall carry out proper maintenance
of the plants arising from transplantation, compensatory planting, landscaping
planting and other planting implemented during construction of the Project in
accordance with the information and recommendations described in the
submissions, including helicopter touch down point proposal, Nei Lak Shan Angle
Station proposal, supporting tower proposal, marker cable system proposal,
transplantation proposal and landscape plan, deposited under Conditions 2.5,
2.6, 2.7, 2.11, 3.4 and 3.13 respectively of the Environmental Permit (Permit
No.: EP-177/2003/D) for the Project. The Permit Holder shall carry out maintenance
of the plants for at least twelve months after the planting works. Qualified
ecologist as required by the Environmental Permit (Permit No.: EP-177/2003/D)
for the Project shall be engaged to monitor the survival and growth of the
plants and to provide recommendations to enhance the survival and growth of the
plants or to rectify any negative outcomes of the planting works. All recommendations
by the qualified ecologist shall be fully implemented.
2.2
The Permit Holder shall, within 2 months after the
completion of the plant maintenance period, deposit with the Director 4 hard
copies and 1 soft copy of the photo records of the planting works.
3. Measures
during Operation of the Project
3.1
No washing of gondolas shall be carried out within
the country parks or at the Ngong Ping Terminal. Washing of gondolas shall be
carried out at the Tung Chung Terminal.
3.2
No staff toilet facility shall be provided at the
supporting towers within the country parks. Staff toilet facility provided at
the Nei Lak Shan Angle Station shall be self-contained composting unit. No
wastewater from the toilet shall be disposed of within the country parks.
Wastewater from the toilet shall be collected in sealed container and
transported for opposite disposal.
3.3
All electrical and mechanical installations within
the country parks shall be properly designed, operated and maintained to
prevent adverse environmental impacts to the country parks and any land
contamination.
3.4
Emergency plan deposited under Condition 3.12 of the
Environmental Permit (Permit No. : EP-177/2003/D) for the Project to deal with
accidental chemical leakage and spillage shall be implemented when such
instance or circumstance occurs during operation.
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 or operation 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 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 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.
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