Environmental Permit No. EP-238/2006/A
環境許可證編號EP-238/2006/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第 10 及
13 條
ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED
PROJECT
建造及營辦指定工程項目的環境許可證
PART A (MAIN
PERMIT)
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-238/2006 to the ARCHITECTURAL
SERVICES DEPARTMENT (hereinafter referred to as the “Permit Holder”)
on 21 February 2006. Pursuant to Section 13 of the Ordinance, the Director
amends the Environmental Permit (No. EP-238/2006) based on the Application No.
VEP-240/2007. The amendments, described below, are incorporated into this Environmental
Permit (No. EP-238/2006/A). This Environmental Permit as amended is for the
construction and operation of the designated project described in Part B subject to the conditions specified and attached to Part C 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2006年2月21日將環境許可證編號 EP-238/2006 批予建築署(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-240/2007 修訂環境許可證編號 EP-238/2006。下文說明的修訂，已包含在本環境許可證內 (EP-238/2006/A)。本經修訂的環境許可證，適用於建造及營辦本許可證 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 :
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Application No. 申請書編號 |
VEP-240/2007 |
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Document in the Register : 登記冊上的文件: |
1.
Project Profile – “Constructing
and Operating Three Automatic Weather Stations at Pak Kung Au, Tai Fung Au
and Ngong Ping on Lantau Island” (Register
No.: PP-273/2005) 工程項目簡介-“於大嶼山伯公坳、大風坳和昂坪建造和營運三個自動氣象站” (登記冊編號 : PP-273/2005) 2.
The Director’s letter
of permission to apply directly for environmental permit dated 23 January
2006 (Ref.: EP2/N9/Q/113) 署長於2006年1月23日 發出批准直接申請環境許可證的信件 (檔案編號
: EP2/N9/Q/113) |
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Document in the Register : 登記冊上的文件: |
3.
Application for Environmental
Permit submitted by the Permit Holder on 26 January 2006 (Application No.:
AEP-238/2006) 許可證持有人於2006年 1 月 26 日提交的環境許可證申請文件（申請書編號：AEP-238/2006） 4.
Environmental Permit
issued on 21 February 2006 (Permit No. EP-238/2006) 於2006年2月21日發出的環境許可證 (許可證編號
EP-238/2006) 5.
Application Document
for Variation of an Environmental Permit submitted by the Permit Holder on 2
October 2007 (Application No. VEP-240/2007) 許可證持有人於2007年10月2日提交的更改環境許可證申請文件(申請書編號 VEP-240/2007) |
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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 |
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VEP- 240/2007 |
2 October2007 2007年10月2日 |
1)
Vary
Conditions 1.7 and 2.1 in Part C 更改 C 部條件第
1.7 及 2.1 項 加入 C 部的附圖
2 |
2007年10月23日 |
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23 October 2007 |
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Date 日期 |
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(Simon
Y. M. HUI) Principal
Environmental Protection Officer for
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:
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Title of Designated Project 指定工程項目的名稱 |
Constructing and
Operating Three Automatic Weather Stations at Pak Kung Au, Tai Fung Au and
Ngong Ping on Lantau Island (This designated
project is hereafter referred to as “the Project”) 於大嶼山伯公坳、大風坳和昂坪建造和營運三個自動氣象站(本指定工程項目下稱“工程項目”) 。 |
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Nature of Designated Project 指定工程項目的性質 |
Earthworks in the
Lantau North Country Park and Lantau South Country Park for carrying out the
Project. 於北大嶼山郊野公園和南大嶼山郊野公園內的土木工事以進行工程項目。 |
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Location of Designated Project 指定工程項目的地點 |
Pak Kung Au, Tai Fung
Au and Ngong Ping on Lantau Island 於大嶼山伯公坳、大風坳和昂坪。 The locations of the
Project are shown in Figure 1 of this
Permit. 工程項目的地點展示於本許可證圖1內。 |
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Scale and
Scope of Designated Project |
The Project consists
of three Automatic Weather Stations. Each Automatic Weather Station comprises
two masts of about 5m and 10m high respectively and concrete plinths for
setting up the masts, equipments and ductwork, with an area of about 10m x
10m. 工程項目包括三個自動氣象站。每個自動氣象站面積約十米乘十米，設有兩支分別約五米高和十米高的桅桿和混凝土基座以裝設桅桿、設備和纜槽。 |
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) and 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 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 Project site(s) at all 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 Project site(s).
1.6
The Permit Holder shall construct
and operate 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, constructed and operated in accordance with the
information and recommendations described in the Project Profile (Register No.
PP-273/2005) and the application document for variation of an environmental
permit (Application No. VEP-240/2007) in the Register, other relevant documents
in the Register, the information and mitigation measures described 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
The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project no
later than one week 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 and operation.
1.9
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. Specific Conditions
2.1 The
Project shall only be constructed and operated at the locations as indicated in
Figure 1 of this Permit. The site area
of each Automatic Weather Station shall not be more than 100m2
except for the installation of underground earth pits on grassland adjacent to
the Automatic Weather Stations at Tai Fung Au and Ngong Ping as indicated in Figure 2 of this Permit.
2.2 No
temporary access or haul road shall be formed for carrying out the Project.
Construction materials, surplus excavated materials and equipments for the
Project shall be transported to and away from the Project sites by hands or by
helicopters.
2.3 No
tree shall be felled for carrying out the Project.
2.4 No waste, spoil, excavated materials or materials
alike arising from the Project shall be dumped in any environmentally sensitive
areas including the Lantau South Country Park and Lantau North Country Park.
2.5 All
the temporary works areas shall be reinstated and landscaped with hydroseeding
and vegetation within two months after the completion of construction of the
Project.
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 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, 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 or operation 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 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 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.
Environmental Permit No. EP-238/2006/A