Environmental Permit No. EP-01-097/2001/C
環境許可證編號 EP-01-097/2001/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
（第499章）
第10，12及13條
ENVIRONMENTAL PERMIT TO OPERATE A DESIGNATED PROJECT
營辦指定工程項目的環境許可證
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) granted the Further Environmental
Permit (FEP-01/097/2001/B) to the Hongkong International
Theme Parks Limited (hereinafter referred to as the “Permit Holder”) on 20 July 2005.
Pursuant to Section 13 of the Ordinance, the Director amends the Further Environmental
Permit (FEP-01/097/2001/B) based on the Application No. VEP-199/2005. The
amendments, described below, is incorporated into this Environmental Permit
(EP-01/097/2001/C). This Environmental Permit as amended is for the operation
of the designated project described in Part B subject
to the conditions specified in Part C. The issue of this
Environmental Permit is based on the documents, approvals or permissions described
below:
根據【環境影響評估條例】（條例）第10條及12條的規定，環境保護署署長（署長）於2005年7月20日將新的環境許可證（編號FEP-01/097/2001/B）批予Hongkong International Theme Parks Limited（下稱”許可證持有人”）。根據條例第13條的規定，署長因應更改環境許可證的申請編號VEP-199/2005 修訂新的環境許可證編號FEP-01/097/2001/B。以下修訂已包含在本環境許可證(編號EP-01/097/2001/C)內。本經修訂的環境許可證可作為營辦本許可證B部所列明的指定工程項目，但須遵守C部所列明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
Application No. 申請書編號 |
VEP-199/2005 |
|
|
Document in the Register: 登記冊上的文件： |
(1) (2) |
Environmental Impact Assessment – Construction of an
- Final EIA Report - Annex (Volume 1) - Annex (Volume 2) - Annex (Volume 3) - Executive Summary (Register No.: AEIAR-032/2000) [Hereinafter referred
to as the EIA Report] 北大嶼山竹篙灣國際主題公園及有關主要基礎設施建造工程 - 環境影響評估: -
最終環境影響評估報告 -
附件 (第一冊) -
附件 (第二冊) -
附件 (第三冊) -
摘 要 (登記冊編號: AEIAR-032/2000) [下稱”環評報告”] The Director’s letter of approval of the EIA Report
dated 28 April 2000, ref: (53) in Annex (3) to EP2/N9/O/65 III. 環境保護署署長於2000年4月28日發出批准環評報告的信件 (檔案編號: (53) in Annex
(3) to EP2/N9/O/65 III) |
|
Document in the Register: 登記冊上的文件： |
(3) (4) (5) (6) (7) (8) (9) |
Application documents for Variation of an
Environmental Permit including all attachments submitted by CED on 19
December 2002. (Application No. VEP-081/2002) 土木工程署於 2002年 12月 19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-081/2002) Environmental Permit issued on 13 January 2003
(Permit No. EP-097/2001/B) 於2003年1月13日發出的環境許可證(許可證編號：EP-097/2001/B) Application documents for Variation of an
Environmental Permit including all attachments submitted by CED on 8 March
2003. (Application No. VEP-087/2003) 土木工程署於 2003年 3月 8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-087/2003) Environmental Permit issued on 31 March 2003 (Permit
No. EP-138/2002/C) 於2003年3月31日發出的環境許可證(許可證編號：EP-138/2002/C) Application documents for Further Environmental
Permit including all attachments submitted by the Permit Holder on 22 June
2005 (Application No. FEP-067/2005) 許可證持有人於2005年6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-067/2005) Further Environmental Permit No. FEP-01/097/2001/B
issued on 20 July 2005 於2005年7月20日發出的新的環境許可證(許可證編號：FEP-01/097/2001/B) Application documents for Variation of Environmental
Permit including all attachments submitted by the Permit Holder on 21
September 2005 (Application No. VEP-199/2005) 許可證持有人於2005年9月21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-199/2005) |
|
Application No. 申請編號 |
Date of Application 申請日期 |
List of Amendments Incorporated
into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendments 修訂日期 |
|
VEP-199/2005 |
21 September 2005 2005年9月21日 |
Vary condition 3.8 in
Part C of Further Environmental Permit No. FEP-01/097/2001/B |
19 October 2005 2005年10月19日 |
|
19 October 2005 |
|
|
|
Date 日期 |
|
(Simon Y. M. HUI) Principal Environmental Protection Officer (Regional Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任（區域評估）許一鳴代行) |
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 |
Water
Recreation Centre at Penny’s Bay [This designated project
is hereinafter referred to as “the Project”] 竹篙灣水上康樂中心[本指定工程項目下稱“工程項目”] |
|
Nature of Designated
Project |
Operation of an amusement
park with a site area of more than 20 ha in size 營辦一個場地面積超過20公頃的遊樂公園 |
|
Location
of Designated Project 指定工程項目的地點 |
Penny’s
Bay, Lantau. The location of the Project is shown in Figure
1 attached to this Permit |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Operation
of an approximately 32 ha water recreation centre with a 12 ha multi-function
artificial lake, water-based and land-based recreational facilities and
ancillary facilities 營辦一個面積約32公頃的水上康樂中心，當中包括一個面積約12公頃的多用途人工湖、水上和陸上康樂設施和附屬設施 |
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 (EIA) 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), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal
Ordinance (Cap. 354). 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 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
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 site(s)
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(s).
1.6
The Permit Holder shall 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 operated in accordance with the
information and recommendations described in the EIA Report (Register No.
AEIAR-032/2000), other relevant documents in the EIAO Register, the information
and 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 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 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 EIAO. 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 respectively in Conditions
2.1 and 2.2 below, before submitting to the Director under this Permit.
1.10
The
Permit Holder shall release all finalized submissions, as required under this
Permit, to the public by depositing copies in the EIAO 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 operation
of the Project no later than one month prior to the commencement of operation
of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date of the operation.
1.12
All
submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the EIAO Register Office (currently
at 27/F, Southorn Centre,
2.
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 operation 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 Operational EM&A Plan
submitted and approved under Condition 3.1 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 Operational EM&A
Plan. 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-032/2000) or this Permit.
The ET Leader shall notify the Independent Environmental Checker
(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 Operational EM&A
Plan 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 operation 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 Operational EM&A Plan
submitted and approved under Condition 3.1 of this Permit, and shall audit the
overall EM&A programme described in the EIA Report (Register No.
AEIAR-032/2000), including the implementation of all environmental mitigation
measures, submissions required in the Operational EM&A Plan, 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-032/2000) 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 Operational
EM&A Plan 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.
3.
Submissions or Measures for the
Operation of the Project
Submission of the Operational
Environmental Monitoring and Audit (EM&A) Plan
3.1
No
later than one month before the operation of the Water Recreation Centre at
Penny’s Bay, the Permit Holder shall submit for the Director’s approval three
hard copies and one electronic copy of an Operational Environmental Monitoring
and Audit (EM&A) Plan for the operation of the Water Recreation Centre.
Before the submission to the Director, the EM&A Plan shall be certified by
the IEC as conforming to the information and recommendations contained in the
EIA Report.
3.2
The
Operational EM&A Plan as required under Condition 3.1 of this Permit shall
include without limitation:
(a)
details
of the impermeable liner used for the
(b) clean-up plan for any accidental
spills of fuel, petroleum or other pollutants into the
(c) water quality monitoring programme
for the
3.3
The
Operational EM&A Plan as required under Condition 3.1 of this Permit shall
contain monitoring locations, monitoring schedules, methodology, and
qualification of monitoring team members.
3.4
The
Operational Environmental Monitoring and Audit Plan approved under Condition 3.1
of this Permit shall hereinafter be referred to as “the EM&A Plan”. All
measures recommended in the EM&A Plan shall be fully and properly
implemented in accordance with the requirements and time schedule(s) set out in
the EM&A Plan.
Submission of the Waste Management
Plan for Operation Phase of Water Recreation Centre
3.5
Three
sets of Waste Management Plan for the operational phase of the Water Recreation
Centre shall be certified by the IEC as conforming to the EIA Report and
submitted to the Director for approval at least 3 months before the operation of
the Project. The plan shall include details of how the mitigation measures of
operational waste management in Section 6.7 and Section 16 of the EIA Report
will be implemented together with the arrangements for avoidance, minimization,
material recovery/recycling, collection, transportation and disposal of various
types of waste generated during the operation of the Project as recommended in
Section 6.7 and Section 16 of the EIA Report. All recommendations and
waste management measures in the approved Waste Management Plan shall be
implemented in accordance with the approved Waste Management Plan. The
Waste Management Plan shall be reviewed and updated as necessary, on an annual
basis.
Measures to Mitigate Water Quality
Impacts during Operation
3.6
Stormwater
from any urban/developed areas shall not be allowed to enter the
3.7
To
avoid impairing the water quality of in the
3.8
Any
algicide used in the Water Recreation Centre shall be biodegradable and with
half-life of three days or less, or as approved by the Director. A log book
shall be kept to record the application of any algicide including the date and
time, location of application, quantities applied, type of algicide used and
weather conditions. The logbook shall always be readily available for
inspection throughout the operation stage.
3.9
Discharge
of water from the
3.10
To
prevent accidental spills entering into the
4.
Environmental Monitoring and Audit
(EM&A) for the Operation of the Water Recreation Centre
4.1
The
EM&A programme during operation of the Water Recreation Centre shall be
implemented as set out in the EM&A Plan approved under Condition 3.1 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
Plan, and shall be approved by the Director.
4.2
Four
hard copies and one electronic copy of the monitoring reports shall be
deposited with the Director within two weeks after the completion of each monitoring.
The reports shall be certified by the IEC before deposit with the
Director. If there are repeated non-compliances with the agreed water
quality standards for the Water Recreation Centre recorded in the monitoring,
the monitoring programme shall be continued after the first year operation as
directed by the Director.
4.3
All
environmental monitoring data and reports submitted under this Permit shall be
true, valid and correct.
5.
Electronic Reporting of EM&A
Information
5.1
To
facilitate public inspection of the 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 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 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
operation;
(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, 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 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 authorised 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 authorised 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 operation 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-01/097/2001/C
Appendix A (as
referred to in Condition 3.7)
|
Water Quality Parameter |
Standard |
|
(a)
Aesthetic appearance |
· no objectionable
odours or discolouration of waters; · no tarry residues,
floating wood, articles made of glass, plastic or rubber; · no visible mineral
oil or lasting foam on the surface; · no recognisable
sewage-derived debris; · no floating,
submerged and semi-submerged objects of a size likely to cause interference
with the free movement of vessels or cause damage to vessels; and · no objectionable
deposits. |
|
(b)
Bacteria |
<180 cfu 100 mL-1 of E. coli,
measured as geometric mean. |
|
(c)
Dissolved oxygen |
> 4 mg L-1 |
|
(d)
pH |
Within the range of 6 - 9 |
|
(e)
Temperature |
No discharges or human activities shall cause the
natural daily temperature range to change by more than 2°C. |
|
(f)
Salinity |
No discharges or human activities shall cause the
natural daily salinity range to change by more than 10%. |
|
(g)
Suspended solids |
< 25 mg L-1, measured as annual
median. |
|
(h)
Ammonia |
< 0.021 mg L-1, as unionised form,
calculated as annual average. |
|
(i)
Nutrient |
Not to be present in quantities sufficient to cause
excessive or nuisance growth of algae or other aquatic plants. |
|
(j)
5-day BOD |
< 5 mg L-1 |
|
(k)
COD |
<30 mg L-1 |
|
(l)
Dangerous substances |
Not in a quantity sufficient to pose a risk to any
beneficial uses of the aquatic environment. |
| Figure1|
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