Environmental Permit No. EP-144/2002/B
環境許可證編號 EP-144/2002/B
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTIONS 10 and 13
環境影響評估條例
(第499章)
第10 及 13條
ENVIRONMENTAL
PERMIT TO CONSTRUCT DESIGNATED PROJECTS
建造指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to
Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance),
the Director of Environmental Protection (the Director) granted the Environmental
Permit EP-144/2002 to the CIVIL ENGINEERING AND DEVELOPMENT DEPARTMENT
(hereinafter referred to as the “Permit Holder”) on 11 September 2002. Pursuant
to Section 13 of the Ordinance, the Director amends the Environmental Permit
(No. EP-144/2002/A) based on the Application No. VEP-172/2005. The amendments,
described below, are incorporated into this Environmental Permit (No. EP-144/2002/B).
This Environmental Permit as amended is for the construction of the designated
project described in PartB subject to the conditions
specified and attached to PartC of this Permit.
根據環境影響評估條例(「條例」)第10條的規定，環境保護署署長(「署長」)於2002年 9月 11日將環境許可證編號 EP-144/2002 批予土木工程拓展署(下稱「許可證持有人」)。 根據條例第 13條的規定，署長因應申請書編號 VEP-172/2005 修訂環境許可證編號 EP-144/2002/A。下文說明的修訂，已包含在本環境許可證內 (EP-144/2002/B)。 本經修訂的環境許可證，適用於建造本許可證B 部所說明的指定工程項目， 但須遵守本許可證C 部所列明及附載的條件。
The issue of this Environmental Permit is based on the documents,
approval and permissions described below:
本環境許可證乃依據下列的文件、批准及許可條件而簽發 :
|
Application
No.: |
VEP-172/2005 |
|
Document
in the Register : Document
in the Register : |
(1)
Tai
O Sheltered Boat -
Environmental
Impact Assessment – Final Assessment Report -
Environmental
Monitoring and Audit Manual -
Environmental
Impact Assessment – Executive Summary (Register
No.: AEIAR-036/2000) [Hereinafter referred to as “the EIA Report”] 大澳船隻碇泊保護區 – 環境及渠道影響評估 (登記冊編號：AEIAR-036/2000) [下稱 “環評報告”] (2)
The
Director’s letter of approval of the EIA Report dated 12 July 2000 (ref: An(1)
to EP2/N9/C21) 署長於2000年7月12日發出批准環評報告的信件(檔案編號：An(1) to EP2/N9/C21) (3)
Application
documents for environmental permit including all attachments submitted by the
Permit Holder on 14 August 2002 (Application No. AEP-144/2002). (4)
Environmental
Permit issued on 11 September 2002 (Permit No. EP-144/2002) 於2002年9月11日發出的環境許可證 (許可證編號 EP-144/2002) (5)
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 13 April 2004. (Application No. VEP-136/2004) 許可證持有人於2004年4月13日提交的更改環境許可證申請文件(申請書編號VEP-136/2004) (6)
Environmental
Permit issued on 10 May 2004 (Permit No. EP-144/2002/A) 於2004年5月10日發出的環境許可證 (許可證編號 EP-144/2002/A) (7)
Application
document for Variation of an Environmental Permit submitted by the Permit
Holder on 14 April 2005. (Application No. VEP-172/2005) 許可證持有人於2005年4月14日提交的更改環境許可證申請文件(申請書編號VEP-172/2005) |
|
Application
No. 申請編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
Date of Amendments 修訂日期 |
|
||||
|
VEP- 172/2005 |
14 April 2005 2005年4月14日 |
(1)
Vary Figure
1 of EP-144/2002/A; 更改環境許可證編號EP-144/2002/A之附圖
1;
(2)
Vary EP number of Figures
2, 3 and 4
of EP-144/2002/A. 更改環境許可證編號EP-144/2002/A之附圖2, 3
及4
之編號。 |
May 2005 2005年5月
日 |
|
||||
|
May 2005 2005年5月 日 |
|
|
|||||
|
Date 日期 |
|
(Simon Y M HUI) |
|||||
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 |
Tai O Sheltered Boat [The above designated project is
hereinafter referred to as “the Project”] 大澳船隻碇泊保護區 [這指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project 指定工程項目的性質 |
1.
A typhoon shelter designed to provide moorings for not
less than 30 vessels. 2.
A dredging operation exceeding 500 000 m3 |
|
Location of Designated Project 指定工程項目的地點 |
Tai O, Lantau.
The location of the Project is shown in Figure
1 attached to this Permit. |
|
Scale and Scope of Designated Project |
Construction of
4 ha. sheltered boat anchorage for small boats/fishing vessels including a
breakwater of about 350m long and associated marine access channels,
construction of 0.23 ha. promenade including landing steps, formation of
about 0.22 ha. of land for future bus terminus, site formation and associated
engineering works for a mangrove planting area in the disused Tai O salt pans
and restoration of the existing historic seawall of about 630m. 建造面積4公頃、供小艇/漁船使用的船隻碇泊保護區，包括約長350米的防波堤及相關的船舶進出航道，建造面積0.23公頃的散步長廊附連登岸梯級，開拓約0.22公頃土地供日後興建巴士總站，在已荒置的大澳鹽田進行工地平整工程及相關工程，以提供栽種紅樹林的用地，以及修復約630米現有具歷史價值的海堤。 |
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) and Waste Disposal Ordinance (Cap. 354).
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(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 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.
1.6
The Permit Holder shall construct 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
and constructed in accordance with the information and recommendations
described in the EIA report (Register No. AEIAR-036/2000) and the application document for variation of an
environmental permit (Application No. VEP-172/2005); other relevant
documents in the Register; and the information or mitigation measures described
in this Permit, or 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, or 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 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 PartC of
this Permit. Any variation of the submissions shall be approved by the Director
in writing or as prescribed in the relevant permit conditions. 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 the 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
The Permit Holder shall notify the Director in writing the
commencement date of construction of the Project no later than one month prior
to 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.
1.12
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 the hard copies.
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. Submissions or
Measures before Commencement of Certain Parts 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 be headed by an ET Leader. The ET Leader shall be a
person who has at least 7 years’ experience in environmental monitoring and auditing
(EM&A) or environmental management. The ET team and the ET Leader shall be
responsible for the duties defined in the EM&A Manual submitted and
approved under Condition 2.3 of this Permit. 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. The ET Leader shall
keep a contemporaneous log-book of each and every instance or circumstance or
change of circumstances which may affect the environmental impact assessment
and each and every non-compliance with the recommendations of the EIA Report
(Register No. AEIAR-036/2000) or 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 circumstance.
The ET Leader’s log-book shall be kept readily available for inspection
by all persons assisting in supervision of the implementation of the EIA Report
recommendations 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. The ET shall not be in any way an
associated body of the Independent Environmental Checker (IEC) for the Project.
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 be a person who has at least 7
years’ experience in environmental monitoring and audit (EM&A) or
environmental management. The IEC shall be responsible for duties defined in
the EM&A Manual submitted and approved under Condition 2.3 of this Permit,
and shall audit the overall EM&A programme described in the EIA Report
(Register No. AEIAR-036/2000), 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 occurrence, change of circumstances or non-compliance with the
EIA Report (Register No. AEIAR-036/2000) or this Permit, which might affect the
monitoring or control of adverse environmental impact. Where the IEC fails to
so notify the Director of the same, fails to discharge the duties of the IEC as
defined 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. The IEC shall not be in any way an
associated body of the Contractor or the Environmental Team for the Project.
Submission
of the Environmental Monitoring and Audit (EM&A) Manual
2.3
No later than one month before the commencement of construction
of the Project, the Permit Holder shall submit to the Director for approval
four hard copies and one electronic copy of an EM&A Manual for the construction
of the Project. The EM&A Manual shall include, among others, the archaeological
monitoring of dredging operation (i.e. archaeological watching brief). Before
submission to the Director, the EM&A Manual shall be certified by the
ET Leader and verified by the IEC as conforming to the information and recommendations
contained in the EIA Report or the Environmental Review Report as submitted
on 14 August 2002 as part of the application documents referred in PartA
of the Permit. All measures recommended in the approved EM&A Manual
shall be fully and properly implemented in accordance with the requirements
and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved
under this Condition shall hereinafter be referred to as the “EM&A Manual”.
Submission of Construction Noise
Mitigation Proposal
2.4
The Permit Holder shall, at least two weeks before the commencement
of construction of the Project, deposit with the Director four hard copies
and one electronic copy of construction noise mitigation proposal to mitigate
the construction noise impact arising from the Project on the Tai O Primary
School at
3. Submissions or
Measures for the Construction of Certain Parts of the Project
Management
Organization of Main Construction Companies
3.1
The Permit Holder shall, within one month after 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 construction of the Project. The submitted
information shall include at least an organization chart, names of responsible
persons and their contact details.
Measures to Mitigate Water Quality
Impacts during Construction
3.2
Only grab dredgers shall be used for dredging marine
sediments in Tai O Bay. To minimize water quality impact during dredging and
sand filling, the total maximum rates of dredging and sand filling shall be one
of the scenarios as described below :
|
Scenario |
Dredging |
Sand Filling |
|
|
By grab dredgers with grab size
of about 8m3 |
By grab dredgers with grab size
not more than 4m3 |
By barges (including spilt
bottom-dumped barge, derrick lighter and conveyor belt barge) |
|
|
(a) |
4,800 m3/day |
1,200 m3/day |
2,400 m3/day |
|
(b) |
4,000 m3/day |
1,200 m3/day |
3,200 m3/day |
|
(c) |
2,590 m3/day |
1,200 m3/day |
4,400 m3/day |
3.3
Any proposal to adopt a different combination of plant type
and maximum dredging and sand filling rates shall be certified by the ET Leader
and verified by the IEC demonstrating that the total loss rate of fine sediment
to suspension due to dredging and sand filling activities shall not be more
than 2.88 kg/s and shall be submitted to the Director for approval.
3.4
In accordance with the recommendations set out in the application document for variation of an
environmental permit (Application No. VEP-172/2005), if water quality
monitoring indicates the need for additional water quality mitigation, measures
including use of silt curtain and operation of reduced number of grab dredgers
and barges shall be implemented.
3.5
Material placement and reworking in the disused Tai O salt
pans shall only be undertaken during low tidal conditions (i.e. when the bed of
the salt pans is exposed to the air), unless otherwise approved by the Director.
3.6
All materials placed in the disused Tai O salt pans shall
be spread and mixed with the existing bed material before completion of the day’s
works to avoid material stockpiling.
Measures to Mitigate Ecological and
Fisheries Impacts during Construction
3.7
The following mangrove protection measures shall be implemented
prior to the commencement of any construction works within the disused Tai
O salt pans as indicated in Figure
2 of this Permit for mangrove preservation:
(i)
Mangroves shall be protected as clusters and these clusters
shall be identified, numbered and mapped out as shown in Figure
2 of this Permit.
(ii)
The preserved cluster shall be fenced off using nets (or
screens) with bamboo sticks.
(iii)
The identified preserved cluster shall be flagged to
provide a visual reminder to the construction works.
3.8
The flags and fences used for mangrove preservation as
described in Condition 3.7 (iii) of the Permit shall be removed after the earth
works within the disused Tai O salt pans are completed.
3.9
The bund modification scheme of the mangrove planting area
in the disused Tai O salt pans as described in Appendix A of the Permit shall
be fully implemented, unless otherwise approved by the Director.
3.10
Dredged materials shall be placed in the disused Tai O salt
pans in accordance with the specified levels in the Mangrove Formation Plan
as shown in Figure 3 of this Permit,
unless otherwise approved by the Director. Four hard copies and one electronic
copy of the as-built formation plan of the mangrove planting area shall be
deposited with the Director within one month after the completion of materials
placement and reworking in the mangrove planting area. Before submission to
the Director, the as-built formation plan for the mangrove planting area shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the Environmental Review Report
as submitted on 14 August 2002 as part of the application documents referred
in Part A of the Permit.
3.11
The outermost layer (facing) of the breakwater of the
Project shall be consisted of armour rocks or other natural rocks to simulate
natural boulders or rocky shore.
Measures to Mitigate Cultural Heritage
Impacts
3.12
The outer layer (facing) of the re-constructed seawall shall
consist of old stones/rocks/boulders/other suitable materials of the existing
outer historic seawall as shown in Figure
4 of this Permit.
4. Environmental
Monitoring and Audit for the Construction of the Project
4.1
The EM&A programme during construction shall be
implemented as set out in the EM&A Manual approved under Condition 2.3 of
this Permit. Any changes to the EM&A programme shall be justified by the
IEC or ET Leader as conforming to the requirements set out in the EM&A
Manual, and shall be approved by the Director.
4.2
Samples and measurements shall be taken in accordance with
the requirements of the EM&A Manual by:
(a)
conducting baseline
monitoring as set out in the EM&A Manual; and
(b)
conducting impact
monitoring as set out in the EM&A Manual.
4.3
Four hard copies of the Baseline Monitoring Report and one
electronic copy in the formats as specified in Condition 5.1 below shall be
submitted to the Director at least two weeks before the commencement of construction
of the Project. The submission shall be certified by the ET leader and verified
by the IEC. Additional copies of the submission shall be provided to the
Director upon request from the Director.
4.4
Four hard copies and one electronic copy of monthly
EM&A Reports shall be submitted to the Director within 2 weeks after the end
of the reporting month. The submission shall be certified by the ET leader and
verified by the IEC. Additional copies of the submission shall be provided to
the Director upon request from the Director.
4.5
To ensure a high degree of transparency regarding the
monitoring data and results in view of the public concern about the Project,
all environmental monitoring and audit data and results, the approved EM&A
Manual and all submissions and all performance test data and results required
by this Permit shall be made available by the Permit Holder to the public
through a dedicated web site to be set up by the Permit Holder under Condition
5.2 below, in the shortest possible time and in no event later than 2 weeks
after such information is available.
4.6
All environmental monitoring and audit results submitted
under this Permit shall be true, valid and correct.
4.7
The actions described in the Event/Action Plans of the
EM&A Manual shall be fully and properly carried out, in accordance with the
time frame(s) set out in the Event/Action Plan, or as agreed by the Director.
4.8
Records of measurements and remedial actions taken under
Conditions 4.2 and 4.7 respectively of this Permit shall be logged and kept,
within 3 working days of the collection of data or completion of remedial
action, for the purpose of preparing and submitting the EM&A Reports and
making the information available for inspection on site or as requested by the
Director.
4.9
The Permit Holder shall relay all environmental complaints
regarding construction works to the Environmental Team and IEC in accordance
with the EM&A Manual.
5. Electronic
Reporting of EM&A Information
5.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIA Ordinance Internet Website and at the EIA
Ordinance 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 4.0 or later), unless otherwise agreed by the Director
and shall be submitted at the same time as the hard copies as described in
Conditions 4.3 and 4.4 of this Permit. For the HTML version, a content page
capable of providing hyperlink to each section and sub-section of the EM&A
Reports shall be included in the beginning of the document. Hyperlinks to all
figures, drawings and tables in the EM&A Reports shall be provided in the
main text from where the respective references are made. All graphics in the
report shall be in interlaced GIF format unless otherwise agreed by the
Director. The content of the electronic copies of these Reports shall be the
same as the hard copies.
5.2 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, within six weeks after the commencement of construction of the
Project. All environmental monitoring results described in Condition 5.1 above
shall be made available to the public via a dedicated web site to be set up by
the Permit Holder in the shortest possible time and in no event later than 2
weeks after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director.
5.3 The
internet website as described in Condition 5.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA report
and the environmental permit(s) and project profile of the Project. The internet website shall have features
capable of : -
(a) providing
access to all environmental monitoring data collected since the commencement of
work;
(b) searching
by date;
(c) searching
by types of monitoring data; and
(d) hyperlinks
to relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes
:
1.
This Environmental Permit consists of three parts, namely,
PartA (Main Permit), PartB (Description
of Designated Project) and PartC (Permit Conditions).
Any person relying on this Permit should obtain independent legal advice on
the legal implications under the Ordinance, and that 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, Transport and Works (the Secretary), 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 Environmental Permit. The Permit Holder
shall replace the original Permit displayed on the construction site, by the
amended Permit.
4.
A person who assumes 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, suspend, vary or cancel this Permit. The suspended,
varied or cancelled shall be removed from the display at the construction site.
6.
If this Permit is cancelled or surrendered during the implementation
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
Part I of 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 of indictment to a
fine of $2 million and imprisonment for 6 months;
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and imprisonment for 2 years;
(iii)
on a first summary conviction to a fine
at level 6 and imprisonment for 6 months;
(iv)
on a second or subsequent summary
conviction to a fine of $1 million and 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 that 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.
Environmental
Permit No.: EP-144/2002/B
環境許可證編號EP-144/2002/B
Appendix A
The bund modification
scheme of the mangrove planting area in Tai O salt pans is described as below.
Area location numbering as stated in the bund modification scheme below
is shown in Figure 3 of this Permit.
(i)
Bunds perpendicular to
the seawall except the eastern end of Areas 3, 5 and 9 will be demolished. The
bund at the southern end shall be retained and reinforced as a footpath for
visitors to enter the mangroves. To ensure adequate water flow, a small box
culvert or pipes shall be built between Area 8 and 7 (The diameter of the pipes
shall be around 1 to 1.5 metres). Avoid building the box culvert or pipes in
the area with 3 individuals of Acanthus
ilicifolius and one individual of Bruguiera
gymnorrhiza near Area 8.
(ii)
The eastern two thirds
of bund at Area 3 shall be preserved and the footpath to be opened up by
clearing vegetation and localized grading.
(iii)
The middle bund parallel to the seawall
within Areas 7, 4 and 2 shall
be retained and reinforced as a footpath. As mangrove trees in Area 4 have been
well established, this cluster shall
be preserved.
(iv)
The bund north of Area 2 and south of
Area 1 will be cut down to form a low lying bund at around +1.5mPD using
redeposition of sediments. In the future a bridge joining the newly created
mudflat and Area 1 may be built so visitors can walk through the mangrove
plantation.
(v)
Although the bund between Areas 5 and 4
will be cut down to +1.5mPD to allow tidal exchange, the south side of bund
shall be preserved including one individual tree of Excoecaria agallocha ( close to Area 5).
(vi)
The mangroves along the seawall
especially in Area 11 and the Bruguiera
gymnorrhiza tree in Area 10 shall
be preserved.
(vii)
The mangroves along the landward region
(adjacent to the existing road) and between Areas 9 and 11 shall be preserved and expanded.
(viii)
The slopes on two sides of the proposed
preserved bund are fairly steep that a gentle mud flat shall be created.
(ix)
The reconstruction / restoration of the
existing sea wall shall
incorporate four tidal exchange points (to allow sufficient tidal flushing).
(x)
Rubbish and large boulders on the bunds
and at the landward region shall
be removed.
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