Environmental Permit No. FEP-01/136/2002/E
環境許可證編號 FEP-01/136/2002/E
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 DECOMMISSION
A
DESIGNATED PROJECT
解除運作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
Section 10 and 12 of the Environmental Impact Assessment Ordinance (the EIAO),
the Director of Environmental Protection (the Director) grants the further
environmental permit to New World First Bus Services Limited (hereinafter
referred to as the “Permit Holder”) to decommission part of 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新世界第一巴士服務有限公司(下稱“許可證持有人”) ，以解除運作本許可證B部所說明的部份指定工程項目，但須遵守C部所列明的條件。本新的環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
FEP-166/2016 |
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Document in
the Register : 登記冊上的文件： |
(1) Environmental Impact Assessment – Demolition
of Buildings and Structures in the Proposed Kennedy Town Comprehensive
Development Area Site : Final EIA Report, EM&A Manual and Executive
Summary (Register No.: AEIAR-058/2002) [Hereinafter referred to as “the EIA
Report (Register No.: AEIAR-058/2002)”] (1) 堅尼地城綜合發展區拆卸工程 環境影響評估 : 最終環境影響評估報告, 環境監察及審核手冊 及 行政摘要 (登記冊編號：AEIAR-058/2002) [下稱“環評報告(登記冊編號：AEIAR-058/2002)”] (2)
The
Director’s letter of approval of the EIA Report dated 16 April 2002, ref:
EP2/H1/KT/PT2/85 Ax 1 (2) 環境保護署署長於2002年4月16日發出批准環評報告的信件 (檔案編號: EP2/H1/KT/PT2/85 Ax 1) (3) Application for an Environmental Permit
No. AEP-136/2002 received on 24 April 2002 (3) 於2002年4月24日收到的環境許可證申請文件編號AEP-136/2002 (4) Environmental Permit issued on 22 May
2002 (Permit No. EP-136/2002) (4) 於2002年5月22日簽發的環境許可證 (許可證編號EP-136/2002) (5) Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 4 April 2007 (Application No. VEP-234/2007) (5)
許可證持有人於2007年4月4日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-234/2007) |
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(6)
Application
documents for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 27 September 2007 (Application No.
VEP-239/2007) (6)
許可證持有人於2007年9月27日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-239/2007) (7)
Application
documents for Variation of Environmental Permit including all attachments
submitted by the Permit Holder on 4 June 2009 (Application No. VEP-287/2009) (7)
許可證持有人於2009年6月4日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-287/2009) (8) Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 20 October 2011 (Application No. VEP-337/2011) (8)
許可證持有人於2011年10月20日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-337/2011) (9)
Environmental
Impact Assessment –Alternative Ground Decontamination Works at the Proposed
Kennedy Town Comprehensive Development Area Site: Final EIA Report, EM&A
Manual and Executive Summary (Register No.: AEIAR-188/2015) [Hereinafter
referred to as “the EIA Report (Register No.:AEIAR-188/2015)”] (9)
堅尼地城綜合發展區替代土地除污工程 - 環境影響評估 : 最終環境影響評估報告, 環境監察及審核手冊 及 行政摘要 (登記冊編號：AEIAR-188/2015) [下稱“環評報告 (登記冊編號：AEIAR-188/2015)”] (10) Application documents for Variation of
Environmental Permit including all attachments submitted by the Permit Holder
on 27 May 2015 (Application No. VEP-475/2015) (10)
許可證持有人於2015年5月27日提交的更改環境許可證申請文件包括所有附件(申請書編號：VEP-475/2015) (11) Application for Further Environmental
Permit including all attachments submitted on 22 January 2016 (Application
No.: FEP-166/2015). (11)
於2016 年1 月22 日提交的新的環境許可證申請文件包括所有附件(申請書編號: FEP-166/2016)。 |
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February 2016 2016年2月 日 |
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Date 日期 |
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(Ken
Y.K. WONG) 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 黃耀光 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:
|
Title of Designated
Projects 指定工程項目的名稱 |
Demolition of Buildings and Structures in the Proposed Kennedy Town Comprehensive Development Area Site 堅尼地城綜合發展區拆卸工程 |
|
Nature
of Designated Projects |
Decommissioning of a municipal incinerator 解除一個市政焚化爐的運作 |
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Location of Designated
Projects 指定工程項目的地點 |
Kennedy Town, Hong Kong. 香港堅尼地城。 |
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Scale and Scope of
Designated Project(s) under this Permit 本許可證涵蓋指定工程項目的規模和範圍 |
Demolition of an existing bus depot at the junction of Sai Ning Street and Victoria Road
within the Proposed Kennedy Town Comprehensive Development Area Site. [Hereinafter
referred to as “the Project”] The location of the
Project is shown on Figure 1
attached to this Permit. 拆卸位於西寧街及域多利道交界堅尼地城綜合發展區內的一個現有巴士廠。[下稱“工程項目”] 工程項目的地點如本環境許可證的圖1所示 |
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 the Noise
Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water
Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354),
Occupational Safety and Health Ordinance (Cap. 509) and Factories and
Industrial Undertakings Ordinance (Cap. 59). This Permit does not of itself
constitute any ground of defense against any proceedings instituted 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 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 and ensure that such person(s) fully
understands all conditions and all requirements incorporated by the
Permit. The site refers to the site
of the Project and should mean the same hereinafter.
1.5
The Permit Holder shall display conspicuously a copy
of this Permit on the site 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 site.
1.6
The Permit Holder shall carry out the Project as
described 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 all recommendations
described in the EIA Reports (Register No. AEIAR-058/2002 and Register No. AEIAR-188/2015), the application documents
for environmental permits and relevant documents in the Register listed in Part A of this Permit; 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
in 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
[Not Used]
1.9
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.
1.10
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.
1.11
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.
1.12 – 1.15 [Not Used]
1.16
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.
2.
Special Conditions
2.1 - 2.3 [Not Used]
2.4
The Permit Holder shall, within one month after the commencement of work,
inform the Director in writing of the management organization of the main
companies and/or any form of joint ventures associated with the carrying out of
the Project. The submitted information shall include at least an organization
chart, names of responsible persons and their contact details.
Control
on Demolition
2.5
The Permit Holder shall comply with following restrictions for demolition:
(a)
Non-blasting methods shall be used for the
demolition of all structures within the project site boundary including buildings
and chimneys.
(b)
The demolition shall not involve any excavation work
that may disturb or expose any part of the soil underneath the existing
concrete slab. Any damage to the existing
concrete ground slab shall be repaired as soon as practicable to maintain the
structural integrity of the existing concrete ground slab so as not to expose
the soil underneath.
Submissions and
Measures before commencement of works
2.6 [Not Used]
Submission
of Waste Management Plan
2.7 At least 1 month before the commencement of demolition of the Project, six hard copies and 1 electronic copy of a waste management plan (WMP) for the Project shall be deposited with the Director. The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the demolition activities and shall include the recommended mitigation measures on waste management in the EIA Reports (Register No. AEIAR-058/2002 & AEIAR-188/2015). The WMP shall indicate the disposal location(s) of all surplus excavated spoil and other wastes. A trip ticket system shall be included in the WMP. Surplus excavated spoil and other wastes shall only be disposed of at designated disposal locations unless otherwise approved by the Director. Before submission to the Director, the WMP shall be certified by a registered / chartered engineer or Authorised Person.
2.8 [Not Used]
2.9 All the measures recommended in
the WMP deposited under above Condition 2.7 shall be fully implemented in
accordance with the requirements and time schedule(s) set out in the WMP.
2.10 – 2.19 [Not Used]
Mitigation and
Precautionary Measures during construction work
Dust suppression measures
2.20
All active works areas shall be sprayed with water
frequently at no less than once every 2.5 hours. All stockpiled soil shall be
covered with tarpaulin or other impermeable material to minimise
potential emissions of fugitive dust, heavy metals and hydrocarbons;
2.21
[Not Used]
2.22
[Not Used]
2.23
Mitigation measures shall be implemented to prevent other
demolition related nuisances throughout the demolition and remediation phases,
in accordance with the EIA Reports (Register No. AEIAR-058/2002 &
AEIAR-188/2015), including but not limited to the following:
(a)
provide boundary hoarding of height not less than
5.5 meters measured from street level modified to perimeter noise barrier form,
and made of panels with superficial surface density not less than 10 kg/m2;
(b)
provide moveable noise barriers close to powered
mechanical equipment (PME) in cases such PME has the potential to cause
excessive noise nuisance to sensitive receivers and where a benefit will result
from providing the barriers;
(c)
if necessary, in addition to the Conditions 2.23(a)
and (b) above, modify continuous operational periods for noisy plant or take
other measures to comply with the construction noise criteria;
(d)
use adequately designed and maintained perimeter
channels, sediment traps, temporary channels, temporary diversion and oil
interception facilities to mitigate site run-off impacts;
(e)
divert
all clean surface water around the site; and
(f)
provide bunded areas for
generators, and for storage of fuel, oil and chemical wastes.
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 Project 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 Project site.
6.
If this Permit
is cancelled or surrendered during 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 decommission a designated
project listed in Part II of Schedule 2 of the Ordinance without a valid environmental
permit.
7.
Any person who
carries out 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.
10. Occupational
safety and health issues are governed by the Occupational Safety and Health
Ordinance (Cap. 509), and Factories and Industrial Undertakings Ordinance
(Cap.59). The Permit Holder is advised to contact the Labour
Department for requirements relating to occupational safety and health issues.
Environmental Permit No. FEP-01/136/2002/E
環境許可證編號 FEP-01/136/2002/E
| Figure 1 |
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