Environmental Permit No. EP-174/2003
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the ARCHITECTURAL SERVICES 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. Project Profile –
“Carving of Professor Jao Tsung I’s Calligraphy at Ngong Ping”
(Register No.: PP-194/2003)
2. The Director’s letter of permission to apply directly for environmental permit dated 8 September 2003 referenced EP2/N9/Q/104
Document in the Register :
3. Application for Environmental Permit dated 3 October 2003 (Application No.: AEP-174/2003)
(Elvis W. K. AU)
(Environmental Assessment and Noise)
for Director of Environmental Protection
PART B (DESCRIPTION OF DESIGNATED PROJECT)
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
Carving of Professor Jao’s Calligraphy at Ngong Ping
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Earthworks within a conservation area at Ngong Ping for the installation of timber columns carved with the calligraphy of Heart Sutra from Professor Jao.
Location of Designated Project
Near the Lantau Trail at Ngong Ping.
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
The Project mainly consists of the installation of 30 numbers of timber columns at a site area of about 3,500 square metres and the relocation of an existing timber pavilion.
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), 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 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’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 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 and constructed in accordance with the information and recommendations described in the Project Profile (Register No. PP-194/2003), 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 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 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 (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 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 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 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 preparation or other works as agreed by the Director.
2. Specific Conditions
2.1 The Project shall only be constructed at the location indicated in Figure 1 of this Permit. No part of the Project shall encroach on any adjacent areas including the Lantau South Country Park, the Ngong Ping Site of Special Scientific Interest and the Lantau Peak Special Area & Site of Special Scientific Interest. Records by photographs showing site boundary of the Project for every working day shall be kept at site office and made readily available at all times for inspection by the Director or his authorized officers.
2.2 No haul road shall be formed for carrying out the works of the Project. No other route, except the existing footpath as indicated in Figure 1 of this Permit, in the Ngong Ping Site of Special Scientific Interest shall be used as the land-based transportation route for the Project. The existing footpath in the Ngong Ping Site of Special Scientific Interest shall not be widened for the construction of the Project.
2.3 No materials shall be stockpiled in any nearby environmentally sensitive area including the Lantau South Country Park, the Ngong Ping Site of Special Scientific Interest, the Lantau Peak Special Area & Site of Special Scientific Interest.
2.4 No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in any environmentally sensitive area including the Lantau South Country Park, the Ngong Ping Site of Special Scientific Interest, the Lantau Peak Special Area & Site of Special Scientific Interest and the conservation area.
2.5 Spoil, excavated materials or materials alike arising from the Project shall be reused in the Project site. No such material shall be disposed of anywhere except the Mui Wo Refuse Transfer Facility. A log-book of handling and disposal arrangements for waste, spoil, excavated materials or materials alike from the Project shall be kept at site office and made readily available at all times for inspection by the Director or his authorized officers.
2.6 No site office, site canteen or maintenance workshop of the Project shall be erected in the environmentally sensitive area including the Lantau South Country Park, the Ngong Ping Site of Special Scientific Interest, the Lantau Peak Special Area & Site of Special Scientific Interest and the conservation area.
2.7 To safeguard the water quality of the Water Gathering Grounds and to avoid or minimize environmental impacts due to site run-off and other potential water pollution caused by construction activities, all mitigation measures described in Appendix A shall be implemented throughout the construction period.
2.8 No tree in the Project site shall be felled. All disturbed areas shall be re-instated upon completion of the construction of the Project. Planting shall be applied to re-establish the vegetation cover.
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, Transport and Works, 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, Transport and Works, 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 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 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 EIA Ordinance for details and seek independent legal advice.
Environmental Permit No. EP-174/2003
Appendix A (as referred to in Condition 2.6)
Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction
(a) Surface Runoff
(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt/grease removal facilities such as sand traps, silt traps, grease traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.
(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.
(iii) Silt removal facilities, channels and manholes shall be maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning at all times.
(b) General Construction Activities
(iv) No materials which may cause contamination to the Water Gathering Grounds shall be stored within the Water Gathering Grounds. On-site storage of construction materials (e.g. aggregates and sand) shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.
(v) Use of chemicals including pesticide, fertilizers, disinfectants, deodourants and insecticide within the Water Gathering Grounds shall not be allowed unless otherwise agreed by the Director.
(vi) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps.
(vii) Soil excavation shall be minimized in rainy seasons. All excavated or filled surfaces shall be protected from erosion.
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