Environmental Permit No. FEP-01/294/2007
環境許可證編號 FEP-01/294/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第 10 條 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 Ordinance), the Director of
Environmental Protection (the Director) grants this Further Environmental
Permit to Tata Communications (Bermuda) 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. The issue of this Further 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Tata Communications (Bermuda) 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。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-089/2008 |
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Document in the Register: 登記冊上的文件： |
(1) Project Profile – VSNL Intra Asia
Submarine Cable System – 工程項目簡介 – VSNL亞洲區內海底通訊電纜 - 深水灣段 [登記冊編號: PP-324/2007] (2) The Director’s letter of
permission to apply directly for environmental permit dated 5 October 2007
[Ref.: (26) in EP2/H17/C/05] 署長於 (3)
Application for Environmental Permit submitted by the Permit Holder on 6
November 2007 [Application No. AEP-294/2007] 許可證持有人 於 (4)
Environmental Permit issued on 23 November 2007 (No. EP-294/2007) for construction
and operation of the designated project 於 (5)
Application for Further Environmental Permit submitted on 24 June 2008
(Application No. FEP-089/2008) for construction and operation of the designated
project 於 |
|
9
July 2008 |
|
|
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Date 日期 |
|
(Mrs. Shirley LEE) Principal Environmental Protection
Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 行) |
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:
|
Title of Designated Project 指定工程項目的名稱 |
VSNL Intra Asia Submarine Cable System – [This designated project is hereinafter referred to as “the Project”].
VSNL亞洲區內海底通訊電纜 - 深水灣段 [這指定工程項目下稱“工程項目”] 。 |
|
Nature of Designated Project |
A dredging operation which is less than 500 meters from the nearest boundary of Deep Water Bay bathing beach and coastal protection area.
距離深水灣泳灘和海岸保護區的最近界線少於
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Location of Designated Project 指定工程項目的地點 |
The proposed submarine telecommunications cable
starts from the landing site located at an existing manhole near Deep Water
Bay bathing beach and extends to the edge of Hong Kong Special Administrative
Region waters (the proposed cable route and the location of landing site for
this Project are as shown in Figure 1
and Figure 2 attached to this
Permit). 擬建的海底通訊電纜自位於深水灣泳灘現有的纜井位置的登岸地點開始敷設，延伸至香港特別行政區水域邊界。(本工程項目擬建的電纜路線及登岸地點見載於本許可證夾附的圖1及圖2)。 |
|
Scale and
Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The dredging operation involves the laying of an approximately 挖泥作業涉及於深水灣泳灘和海岸保護區的最近界線少於 |
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 (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),
Dumping at Sea Ordinance (Cap. 466) and Foreshore and Seabed (Reclamations)
Ordinance (Cap.127). 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 or 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 by 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 construction site(s) at all vehicular site
entrances/exits or at a convenient location for public 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 construction site(s).
1.6
The Permit Holder shall construct and operate the
Project in accordance with the project descriptions 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 all recommendations described in the
Project Profile (Register No.: PP-324/2007) and other relevant documents in the
Register, the information or 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 one month of the receipt of the Director’s comments or
otherwise specified by the Director.
1.9
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).
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 place, 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 4.0 or later), unless otherwise agreed by
the Director and shall be submitted at the same time as hard copies.
1.12
The Permit Holder
shall notify the Director in writing the commencement date of construction of
the Project at least two weeks before 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.
1.13
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. Special
Conditions
2.1
The
submarine cable shall be laid along the alignment as delineated in Figure 1 attached to this Permit. The Permit Holder shall obtain prior
approval from the Director of any changes in the Project details, including
cable alignment, burial depth, trench width and installation methods as shown
in Figure 1 attached to this Permit
and as described in the Project Profile (Register No.: PP-324/2007).
2.2
The
Permit Holder shall, no later than four weeks after completion of construction
of the Project, deposit with the Director three sets of as-built plan(s) in the
scale of 1:50,000 or other appropriate scale showing the alignment of the submarine
cable with coordinates.
2.3
To
minimize water quality impact on the Deep Water Bay bathing beach, no marine
work shall be carried out within
2.4
To
minimize water quality impact due to the marine works, the submarine cable
laying works shall be carried by diver(s) for the initial segment that extends
for about
3.
Environmental Monitoring and Audit
(EM&A) Requirements
The
Permit Holder shall, no later than four weeks before the commencement of
construction, deposit with the Director five hard copies and one electronic
copy of an EM&A Manual for the construction of the Project. The EM&A Manual shall list out the
EM&A programme including, at least, the following:
(i)
requirements
on water quality monitoring with details on methodology, location(s), frequency
and duration for baseline, impact and post project monitoring;
(ii)
the
environmental quality performance limits (Action and Limit Levels);
(iii)
Event
and Action Plans;
(iv)
compliance
audit procedures of mitigation measures as recommended in the Project Profile
No. PP-324/2007; and
(v)
procedures
and flow charts for handling complaints or enquires on environmental nuisances
or pollution caused by the Project.
To
monitor the environmental impact and audit the recommended mitigation measures,
the Permit Holder shall:
(i)
implement
the EM&A programme of the Project in accordance with the procedures and
requirements set out in the EM&A Manual as submitted under Condition 3.1
above; and
(ii)
submit
to the Director five hard copies and one electronic copy of:
(a) Baseline Monitoring Report no later than
two weeks before the commencement of marine works;
(b) Weekly Impact Monitoring Report within
three days after the relevant monitoring data are collected or become
available; and
(c) Post Project Monitoring Report within one
week after completion of the marine works.
All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
To
facilitate public inspection of the EM&A Manual, Baseline Monitoring
Report, Weekly Impact Monitoring Report and Post Project Monitoring Report, the
Permit Holder shall set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed before the commencement of construction of the Project. All environmental monitoring data and
reports as described in Conditions 3.1 and 3.2 above shall be made available to
the public via this dedicated web site in the shortest possible time and in any
event no later than one week after the relevant environmental data are
collected or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the
dedicated website for public access of the environmental monitoring data and
reports for three months after depositing the Post Project Monitoring Report
under Condition 3.2(ii)(c) above, or otherwise specified 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 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,
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 Ordinance to the Director
for a variation of the conditions of this Permit. The Permit Holder shall
replace the original permit displayed on the construction site by the amended
permit.
4.
A person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated 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, suspend, vary or cancel this Permit. The
suspended, varied or cancelled Permit shall be removed from display at the
construction 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 construction or operation of 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 Part I of 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.