Environmental Permit No. EP-133/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Technical Services Division, Civil Engineering Department (hereinafter referred to as the “Permit Holder”) to construct 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:
Document in the Register :
(1) “Tai O Sheltered Boat Anchorage Environmental Impact Assessment Final Report (May 2000) (Register No. EIAR-042/2000)” [Hereinafter referred to as the “EIA Report”] and Environmental Monitoring & Audit Manual [Hereinafter referred to as the “EM&A Manual”]
(1)大澳船隻碇泊保護區的環境影響評估最終報告 (2000年5月) (登記冊編號:EIAR-042/2000) [下文簡稱 ”環評報告” ]及環境監察及審核手冊 [下文簡稱 “環境監察及審核手冊” ]
(2) Application documents including all attachments submitted by the Permit Holder on 28 March 2002 (Application No. AEP-133/2002)
Acting Assistant Director
(Environmental Assessment and Noise)
for Director of Environmental Protection
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
Title of Designated Projects
Dredging operation at Tai O Access Approach for Tai O Sheltered Boat Anchorage
[The above dredging operation at Tai O Bay is hereinafter referred to as “the dredging operation”]
大澳船隻碇泊保護區 – 大澳航道挖泥工程
of Designated Projects
Part of the dredging work for a typhoon shelter designed to provide moorings for not less than 30 vessels.
Location of Designated Projects
The dredging operation is located at the Tai O Bay. The location of the Project is shown in Figure 1 attached to this Environmental Permit.
Scale and Scope of Designated Project(s)
The dredging operation aims to provide a 900m long and 35m wide approach channel for vessels in Tai O. A total of approx. 75,000m3 sediments will be dredged.
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), 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.
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 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 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’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 construction site(s).
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 all recommendations described in the Project Profile (EIAO Register No. PP-142/2001); 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 deposited submissions, as required under this Permit, shall be rectified in accordance with the comments, if any made by the Director within one month of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 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 Environmental Impact Assessment Ordinance.
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 for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 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).
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 2 weeks 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 relate to site clearance and preparation, or other works as agreed by the Director.
2. Specific Conditions
2.1 The Permit Holder shall carry out the dredging operation within the hatched area as shown in Figure 1 attached to this Permit.
2.2 The Permit Holder shall not deploy more than one grab dredger and one tug boat for the dredging operation. The grab dredger and tug boat shall not be operated simultaneously.
2.3 The Permit Holder shall use grab dredger and barge fitted with tight-fitting seals at their bottom openings to carry out dredging operation and to transport the dredged material respectively.
2.4 The Permit Holder shall prohibit splashing of dredged material into the surrounding waters during loading of barges and grabs. The Permit Holder shall not allow overflowing of dredged material to cause water pollution during loading or transportation.
2.5 The Permit shall only use closed grabs of no more than 8m3 in size for dredging of contaminated mud.
2.6 The Permit Holder shall transport contaminated mud to disposal sites by split barges of not less than 750m3 capacity, capable of rapid opening and discharge to the disposal site.
2.7 The Permit Holder shall carry out water quality monitoring for the dredging operation. The water quality monitoring shall cover baseline monitoring for a period of 3 weeks before commencement of dredging operation, the entire dredging period, and extend for a period of 3 weeks after the completion of the dredging work. The Permit Holder shall submit the water quality monitoring programme to the Director for approval prior to commencement of dredging operation.
2.8 The Permit Holder shall fully implement the water quality monitoring programme approved by the Director as described in Conditions 2.7. If the water quality monitoring indicates the need of additional water quality mitigation, silt curtains shall be employed to prevent the sediment plume spreading into Tai O Creek and Outer Tai O Bay. The silt curtain should be fabricated from permeable, durable, abrasion resistant membrane like geotextiles and be mounted on a floating boom structure and should extend to the sea bottom.
2.9 The Permit Holder shall ensure that all sections of outer seawall to be retained shall be “flagged” to avoid damaging due to the dredging operation.
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. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.
3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.
4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
5. 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 II of Schedule 2 of the Ordinance without a valid environmental permit.
6. 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.
7. 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.
8. 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-133/2002