Environmental Permit No. EP-311/2008/D
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
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 No. EP-311/2008 to PROFIT POINT ENTERPRISES LIMITED (hereinafter referred to as the “Permit Holder”) on 9 September 2008. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit based on the Application No. VEP-393/2013. The amendments, described below, are incorporated into this Environmental Permit No. EP-311/2008/D. This Environmental Permit as amended is for the construction and operation of the designated project described in Part B of this Permit subject to the conditions specified in and attached to Part C of this Permit. The issue of this environmental permit is based on the documents, approvals or permissions described below:
Documents in the Register :
(1) Proposed Comprehensive Development at Wo Shang Wai, Yuen Long (Register No.: AEIAR-120/2008)
- Environmental Impact Assessment Report Volumes 1 to 3 (March 2008) [Hereinafter referred to as the “ WSW EIA Report”]
- EIA Executive Summary (March 2008)
[Hereinafter referred to as the “WSW EIA Executive Summary”]
- Environmental Monitoring and Audit Manual (March 2008)
[Hereinafter referred to as the “WSW EM&A Manual”]
Documents in the Register :
- 環境影響評估報告(2008年3月) [下稱「和生圍綜合發展-環評報告」]
- 環境影響評估報告行政摘要 (2008年3月) [下稱「和生圍綜合發展-環評摘要」]
- 環境監察及審核手冊 (2008年3月) [下稱「和生圍綜合發展-環監手冊」]
(2) The Director’s letter of approval of the
WSW EIA Report dated 31 July 2008 (Reference: (4) in EP2/N6/P/
(3) Application documents including all attachments submitted by the Permit Holder on 12 August 2008 (Application No. AEP-311/2008)
(4) Application for Variation of an Environmental Permit No. VEP-311/2010 and attached documents submitted by the Permit Holder on 26 January 2010
(5) Application for Variation of an Environmental Permit No. VEP-318/2010 and attached documents submitted by the Permit Holder on 2 July 2010
(6) Application for Variation of an Environmental Permit No. VEP-379/2012 and attached documents submitted by the Permit Holder on 8 October 2012
(7) Application for Variation of an Environmental Permit No. VEP-393/2013 and attached documents submitted by the Permit Holder on 22 February 2013
Date of Application
List of Amendments Incorporated into this Environmental Permit
Date of Amendment
26 January 2010
Amend Figure 3
24 February 2010
2 July 2010
Amend Figure 2
29 July 2010
8 October 2012
Amend Conditions 3.8 and 3.10
更改條件 3.8 和 3.10
2 November 2012
22 February 2013
Conditions 5.14 &
20 March 2013
20 March 2013
Principal Environmental Protection Officer
for Director of Environmental Protection
Hereunder is description of designated project mentioned in Part A of this environmental permit :
Title of Designated Projects
Proposed Comprehensive Development at Wo Shang Wai
[The above designated project is hereinafter referred to as “the Project”]
[ 這工程項目下稱 “工程項目” ]
Residential development within Deep Bay Buffer Zone 2
Location of Designated Projects指定工程項目地點
The location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project(s)
Comprehensive development in a site of about
(a) Residential buildings of 2 and 3 storey units with basement level;
(c) Associated infrastructure.
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 (EIAO) (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 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 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 EIAO Register Office.
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 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 Environmental Impact Assessment Report for the Proposed Comprehensive Development at Wo Shang Wai, Yuen Long (WSW EIA Report), the Executive Summary of the WSW EIA Report (WSW EIA Executive Summary), the Environmental Monitoring and Audit Manual for the Proposed Comprehensive Development at Wo Shang Wai, Yuen Long (WSW EM&A Manual) (Register No. AEIAR-120/2008), other relevant documents in the EIAO Register Office, 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 ongoing surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the EIAO Register Office 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, and 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 (Cap. 499). 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.
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,
1.12 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.
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparations, or other works as agreed by the Director.
1.14 The Permit Holder shall be fully responsible for the environmental performance not only of its own employees but also of all his contractors and sub-contractors in relation to all activities involved in, or connected with, the Project.
2. Submissions and Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An ET shall be established no later than one month before 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 and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the WSW EM&A Manual. The ET Leader shall keep a contemporaneous logbook of each and every circumstance or change of circumstances that may affect the findings of WSW EIA Report and each and every non-compliance with the recommendations of the WSW EIA Report or this Permit. This logbook shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the WSW EIA Report and this Permit or by the Director or his authorized officers. Failure to maintain records in the logbook, failure to discharge the duties of the ET Leader as defined in the WSW 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 replace the ET Leader upon notice in writing from the Director, or further failure to keep contemporaneous records in the logbook 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 Contractor or the IEC for the Project.
2.2 The Permit Holder shall employ an IEC no later than one month before commencement of construction of the Project. The IEC shall be a person who has at least 7 years' experience in EM&A or environmental management with extensive knowledge on wetland creation and management. The IEC shall be responsible for duties defined in the WSW EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the WSW 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 logbook(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax transmission, within 24 hours of receipt of notification from the ET Leader of each and every change of circumstances or non-compliance with the recommendations of the WSW EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In case the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the WSW 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 by the Permit Holder to replace the IEC upon notice in writing from the Director, 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 ET for the Project.
3 Submissions and Measures for Construction 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 Construction Noise Impacts
To minimise the construction noise impacts during the construction of the Project, noise barriers and
site hoarding along the site boundary as shown in Figure 2 of this Permit shall be
erected. Except for those
explicitly specified in Figure 2, the noise barriers and site hoardings
shall be built before the commencement of construction works in order to ensure
protection to nearby Noise Sensitive Receivers. The noise barriers and site hoardings should have a surface
density of at least
Establishment of the Wetland Restoration Area (WRA)
3.3 At the commencement of the construction of the Project, the Permit Holder shall construct and create the Wetland Restoration Area (WRA) with an area not less than 4.74 hectares as conforming to the criteria and requirements set out in the Wetland Restoration Plan (WRP) in the WSW EIA Report and the EIA Report. The WRA is shown in Figure 3 of this Permit.
3.4 To minimise the duration and the magnitude of the construction impact, the construction of the WRA shall be completed within the first 12 months after the commencement of construction.
3.5 The construction of the WRA shall take place in a single wet season and shall be scheduled to take place between 15 March and 15 November only.
3.6 The Permit Holder shall notify the Director the completion of the construction of the WRA. The notification shall contain evidence of completion. The evidence shall be certified by the ET Leader and verified by the IEC.
3.7 No residential units of the site shall commence construction before the acceptance of the notification under condition 3.6 by the Director.
3.8 Within 30 months from the commencement of construction, the WRA shall be established as conforming to the requirements set out in the Section 4.4 of the WRP and the WSW EIA Report except the planting of tall trees and shrubs along (i) the noise barriers at the western and north-western boundaries of Phase A and (ii) the site hoardings along the southern boundary of Phase A and B as mentioned in Figure 2. The associated planting of tall trees and shrubs shall be completed before occupation of residential units of the Project. The environmental performance of the WRA shall be reported in the fifth biannual EM&A Report, which is described in Condition 4.6 of this Permit. The report, in particular the environmental performance of the WRA, shall be certified by the ET Leader and verified by the IEC before submitting to the Director.
建造工程展開後30個月內，許可證持有人須按濕地修復計劃第4.4部及和生圍綜合發展環評報告的規定設立濕地修復區除位於圖2上所指 (i) A期西方及西北方界線上的隔音屏障及 (ii) A及B期南方界線上的工地圍板的樹木及灌木的種植。有關的樹木及灌木的種植須於工程項目的住宅單位入住前完成。許可證持有人須按本許可證條件第4.6項所述，每半年提交一次環監報告，並須在第五份環監報告內匯報濕地修復區的環境表現。該報告的內容，尤其是濕地修復區的環境表現，須經環境小組組長核證及獨立環境查核人核實後，才提交署長。
3.9 The Permit Holder shall amend the WRP if required by the Director and shall submit the amended WRP under Conditions 1.8 to 1.11 of this Permit.
Measures to Mitigate Ecological Impacts
To minimise disturbance to adjacent fishponds
and waterbirds during the construction of the WRA, visual barriers of not less
than 2.4 metre high with colour tone matched with the
environment shall be erected around the works area prior to the construction as
indicated in Figure 2 of this
Permit. Following the completion of
reprofiling works in the WRA, the visual barriers shall be replaced with a
Measures to Mitigate Landscape and Visual Impacts
3.11 To mitigate the landscape and visual impacts arising from the construction of the Project, all measures recommended shall be fully and properly implemented and thereafter maintained during construction phase of the Project in accordance with details as set out in Figure 4 (Figure 11.24B of the WSW EIA Report) of this Permit.
Measures to Mitigate Waste Management Impact
3.12 No disposal of waste, spoil, soil, excavated materials or materials alike arising from the Project shall be allowed at any locations unless such materials are needed for the ecological mitigation measures required under this Permit or otherwise approved by the Director.
3.13 Excavated materials or materials alike arising from the Project shall be reused in the Project site. No such excavation material and construction waste shall be disposed of anywhere except the Public Filling Facility at Tuen Mun Area 38 and the North East New Territories (NENT) Landfill or other location(s) as agreed with the Director.
Measures to Clean Up Contaminated Land
3.14 Contamination Assessment Report (CAR) and Remediation Assessment Plan (RAP) shall be prepared as recommended in the Contamination Assessment Plan of the WSW EIA Report. The RAP shall be prepared detailing the remediation objectives, technology and programme. Three sets of a combined report of CAR/RAP shall be submitted to the Director for agreement within 2 months after the commencement of construction of the Project. The CAR or combined CAR/RAP submission shall be certified by the ET leader and verified by the IEC as conforming to the information and recommendations contained in the WSW EIA Report. If the CAR findings confirm the existence of land contamination, the recommendations of the agreed combined CAR/RAP report shall be fully and properly implemented to decontaminate the relevant site(s) before the commencement of any construction work that may disturb the ground of the relevant site(s).
4. Environmental Monitoring and Audit Requirements during Construction of the Project
4.1 The EM&A programme shall be implemented as set out in the WSW EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the WSW EM&A Manual before depositing to the Director.
4.2 Samples and measurements shall be taken in accordance with the requirements of the WSW EM&A Manual by:
(a) conducting baseline environmental monitoring on ecology, noise, water, landscape and visual resources and air quality;
(b) conducting impact monitoring on noise, water, air quality and ecology;
(c) auditing of waste management and landscape works;
(d) remedial actions described in the Event/Action Plans of the WSW EM&A Manual shall be fully and properly carried out in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director; and
(e) logging and keeping records of details of (a) to (c) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.
4.3 All EM&A data submitted under this Permit shall be true, valid and correct.
4.4 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before 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 made available to the Director upon his request.
4.5 Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliances (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon his request.
4.6 The Permit Holder shall submit reports of the EM&A results on ecological aspects during the construction phase to the EIA Subcommittee of the Advisory Council on the Environment (ACE), EPD and AFCD on a biannual basis. The reports shall be verified by the ET Leader and verified by the IEC before submission.
5. Measures for Operation of the Project
Implementation and Maintenance of Visual and Landscape Measures
To mitigate the visual
and landscape impacts arising from the operation of the Project, all mitigation
measures shall be fully and properly implemented in accordance with the details
as set out Figure 5 (Figure
Implementation and Monitoring of the effectiveness of the Ecological Mitigation Measures
5.2 All recommended ecological measures described in the WRP contained in the WSW EIA Report shall be properly implemented and maintained during the operation of the Project.
5.3 During the operation of the Project, the Permit Holder shall prepare an annual ecological monitoring report detailing results of abiotic and biotic parameters monitored, the achievement of targets, any exceedances, together with measures taken to resolve exceedences during the previous year. The report shall also include details on any adaptive management measures undertaken for the habitat management of the WRA. The report shall be submitted to the EIA Subcommittee of the Advisory Council on the Environment (ACE), Agriculture, Fisheries and Conservation Department (AFCD) and the Director on an annual basis. The report shall be certified by the ET Leader and verified by the IEC before submission.
5.4 The Permit Holder shall conduct a five-yearly review for the WRP and the implementation programme, which shall include both qualitative and quantitative review of management objectives and targets, together with measures necessary to accomplish any revised objectives and targets that are set, The review reports for the WRP and the implementation programme shall be submitted to the ACE, AFCD and the Director. The review reports shall be certified by the ET Leader and verified by the IEC before submission.
5.5 The Monitoring Report specified in Condition 5.3 above shall be a public document available to concerned parties, whilst the Five-yearly review reports specified in Condition 5.4 above shall be prepared in consultation with the relevant stakeholders and Government Departments including, but not limited to, AFCD and the Director.
Long Term Management of the WRA
5.6 The Permit Holder shall be fully responsible for the maintenance and management of the WRA and shall maintain and manage the WRA with adequate funding as conforming to the criteria and requirements as set out in the WRP and the WSW EIA Report.
5.7 The Permit Holder shall take sole responsibility for the proper maintenance and management of the WRA until a successor could be found to the satisfaction of and approved by the Director or his agents to take over the WRA.
5.8 The Permit Holder shall maintain and manage the WRA as a separate unit from the residential portion of the proposed development.
5.9 Prior to the Director’s approval of a successor, the Permit Holder shall retain the portion of the Project land demarcated as the WRA and shall be responsible for the maintenance and management of the WRA as conforming to the criteria and requirements as set out in the WRP and the WSW EIA Report.
5.10 Before the sales of the residential units of the Project, the Permit Holder shall submit to the Director documentary proof of his ownership of the land demarcated for the WRA. The documentary proof should be certified and verified by the ET Leader and IEC. The Permit Holder shall release the submitted documentary proof to the public by depositing a copy in the EIA Register Office and any internet websites as specified by the Director.
5.11 The Permit Holder shall provide information on the WRA in the sales brochures of the residential development to advise potential buyers the arrangement for the maintenance and management of the WRA, in particular, the financial arrangement of the WRA and the responsibilities on the maintenance and management of the WRA.
Further Ecological Mitigation Measures
5.12 The Permit Holder shall, if required by the Director, implement further measures to compensate for any net loss of ecological functions if the proposed management measures fail to deliver the specified results as stated in the WSW EIA Report.
5.13 The residential units of the Project shall be occupied only after the sewerage of the Project is connected to and sewage from the Project can be discharged to the government sewerage network.
Implementation of Noise Mitigation Measures
To minimise the noise impacts from the
5.15 To minimise the traffic impacts during the operation of the Project, noise barriers as shown in Figure 7 of this Permit shall be erected.
6. Environmental Monitoring and Audit Requirements during Operation of the Project
6.1 The EM&A programme during operation of the Project shall be implemented as set out in the WSW EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the WSW EM&A Manual before depositing to the Director.
7. Electronic Reporting of EM&A Information
7.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Conditions 4.4 and 4.5 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF, JPEG or PDF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hardcopies.
7.2 The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up a dedicated Internet web site and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed. All environmental monitoring data described in Condition 7.1 above shall be made available to the public via the abovementioned dedicated Internet web site in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
7.3 The Internet web site as described in Condition 7.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the documents (1) to (5) listed in Part A of this Permit, and this Environmental Permit. The Internet web site shall have features capable of:
(a) providing access to all environmental monitoring data of this Project collected since the commencement of construction;
(b) providing access to all finalized submissions as required under this Permit;
(c) searching by date;
(d) searching by types of monitoring data (noise, water, air quality and ecology); and
(e) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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 condition 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 Project 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 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 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 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 Environmental Impact Assessment Ordinance for details and seek independent legal advice.
Environmental Permit No. EP-311/2008/D