Environmental Permit No. FEP-01/178/2003
環境許可證編號FEP-01/178/2003
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 A DESIGNATED PROJECT
建造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 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-073/2006 |
|
Document
in the Register : 登記冊上的文件： Document
in the Register : 登記冊上的文件： |
1.
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） 2.
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 3.
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） 4.
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 5.
Application
document for Environmental Permit dated 10 October 2003 (Application No.:
AEP-178/2003) for construction of the Tung Chung Cable Car Project – Ngong Ping
Stream Diversion 許可證持有人於 6.
Environmental
Permit issued on 7 November 2003 (Permit No. EP-178/2003) for construction of
the Tung Chung Cable Car Project – Ngong Ping Stream Diversion 於二ＯＯ三年十一月七日發出的環境許可證 (許可證編號
EP-178/2003) 以建造東涌吊車項目 - 昂坪溪流改道 7.
Application
document for Environmental Permit dated 20 July 2004 (Application No.: AEP-192/2004)
for operation of the Tung Chung Cable Car Project – Ngong Ping Stream
Diversion 許可證持有人於 8.
Environmental
Permit issued on 16 August 2004 (Permit No. EP-192/2004) for operation of the
Tung Chung Cable Car Project – Ngong Ping Stream Diversion 於二ＯＯ四年八月十六日發出的環境許可證 (許可證編號
EP-192/2004) 以營辦東涌吊車項目 - 昂坪溪流改道 9.
Application
document for Further Environmental Permit submitted on 22 June 2006
(Application No. FEP-073/2006) 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–073/2006) |
|
13 July 2006 |
|
|
|
|
Date 日期 |
|
(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) |
|
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 |
Tung Chung
Cable Car Project – (This designated
project is hereafter referred to as “the Project”) 東涌吊車項目 - 昂坪溪流改道 (本指定工程項目下稱“工程項目”) |
|
Nature
of Designated Project |
Diversion
of a section of an existing stream and its tributary which includes
earthworks in the Lantau North Country Park and discharges into an area of
less than 將一條現有溪流的一段及其支流改道，工程包括在位於北大嶼郊野公園內的土木工事和排水入一個距離昂坪自然保育區少於 |
|
Location of Designated Project 指定工程項目的地點 |
Ngong Ping. 昂坪 The
location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Maintenance
of the plants arising from compensatory planting, landscaping planting and
other planting implemented during construction of the Project. 保養在工程項目建造時由補償種植，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) and Waterworks
Ordinance (Cap.102). 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(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 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-193/2003), the
approved EIA Report (Register No. AEIAR-074/2003), 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-178/2003) 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. Specific
Conditions
2.1
The Permit Holder shall carry out proper maintenance
of the plants arising from 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 stream design proposal, compensatory planting proposal and landscape
plan, deposited under Conditions 2.5, 2.7 and 3.14 respectively of the
Environmental Permit (Permit No.: EP-178/2003) 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-178/2003) 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.
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 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 a designated project listed
in Schedule 2 of the Ordinance without a valid environmental permit.
7.
Any person who constructs 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.
| Figure 1 |
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