Environmental Permit No. EP-142/2002




Section 10










A (許可證主要部分)


Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the TERRITORY DEVELOPMENT DEPARTMENT (hereinafter referred to as the "Permit Holder") to construct and operate 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》(環評條例)10條的規定,環境保護署署長(署長)將本環境許可證批予拓展署 (下稱許可證持有人),以建造及營辦B部所說明的指定工程項目,但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發:


Application No.



Document in the Register :


1.       Environmental Impact Assessment for Tin Shui Wai Development Engineering Investigations for Development of Area 3, 30 & 31 of the Development Zone and Reserve Zone

-          Final Assessment Report

-          Executive Summary

-          Environmental Monitoring and Audit Manual

Hereinafter referred to as the “EIA Report” (Register No. EIA-108/BC)


2.       Application for Environmental Permit dated 12 June 2002 (Application No. AEP-142/2002)


1. 天水圍發展3,30,31區及預留工程研究環境影響評估

-          最終評估報告

-          摘要報告

-          環境監察及審核手冊

       下稱“環評報告”(登記冊編號EIA –108/BC)


2. 許可證持有人於2002612日提交的環境許可證申請文件(申請書編號AEP-142/2002)







    July 2002






(K. S. Chan)

Acting Assistant Director

(Environmental Assessment and Noise)

for Director of Environmental Protection




B (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”):



Title of Designated Project



Village Flood Protection Works for Sheung Cheung Wai. [This designated project is hereinafter referred to as “the Project”].


上璋圍鄉村防洪工程。 [本指定工程項目下稱“工程項目”]


Nature of Designated Project



To construct and operate a stormwater drainage system.




Location of Designated Project




East of Ping Ha Road and Tin Fuk Road in Sheung Cheung Wai, Ping Shan, Tin Shui Wai. The location of the Project site is shown in Figure 1 of this Permit.




Scale and Scope of Designated Project


The project comprises of the construction and operation of :


1.       270m long, 1m x 1m covered channel;


2.       170m long, 0.9m x 0.5m covered channel;


3.       230m long, 2m x 2m box culvert;


4.       110m long, 1m x 1.2m covered channel;


5.       30m long, 0.7m x0.9m covered channel.


The extent and limit of the proposed works are shown in Fig.1 of this permit.



1.  270米長,横切面為1米x1米的地下排水渠;


2.  170米長,横切面0.9x0.5米的地下排水渠;


3.  230米長,横切面2x2米的箱形;


4.  110米長,横切面1x1.2米的地下排水渠;


5.  30米長,横切面0.7x0.9米的地下排水渠。




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), 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 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 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 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 all recommendations described in the EIA Report (Register No. EIA-108/BC), other relevant documents in the 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 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 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 Environmental Impact Assessment Ordinance (Cap.499). 


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, 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     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.


1.12     The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 4 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.


2.    Mitigation Measures During Construction Phase


2.1       For any works of the Project to be carried out within 75m of the monuments at Tsui Shing Lau Pagoda, Kun Ting Study Hall or Ching Shu Hin, the Permit Holder shall submit a Vibration Monitoring Plan for the Director’s agreement at least 4 weeks prior to the commencement of relevant works. The vibration monitoring to the monument(s) shall be conducted in accordance with the agreed Vibration Monitoring Plan and ensure a vibration threshold limit of 2mm/s peak particle velocity has been adhere to. If vibration monitoring to the monument(s) is conducted, a monthly Vibration Monitoring Report shall be deposited to the Director within 2 weeks of the end of the reporting month.


2.2       The Permit Holder shall deposit to the Director 2 sets of programme plan and works schedule of the Project at least 4 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 construction programme.


2.3        To mitigate the cultural heritage and archaeological impacts during construction, the Permit Holder      shall inform the Director immediately if any antiquities are discovered during the course of the construction works.




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, 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 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 Environment and Food, 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, operation and decommission 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, operates or decommissions 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.


10.    Occupational safety and health issues are governed by the Occupational Safety and Health Ordinance (Cap. 509), and Factories and Industrial Undertakings Ordinance (Cap. 59).  The Permit Holder is advised to contact the Labour Department for requirements relating to occupational safety and health issues.


Environmental Permit No. EP-142/2002



圖 1

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