Environmental Permit
No. EP-147/2002
環境許可證編號EP-147/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10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 EIAO), the Director of Environmental
Protection (the Director) grants this environmental permit to the CLP Power
Hong Kong Ltd. (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”)第10條的規定，環境保護署署長 ("署長") 將本環境許可證批予
中華電力有限公司 (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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
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Application No. 申請書編號： |
AEP-147/2002 |
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Document in the Register: 登記冊上的文件： |
1. Project
Profile of the Extension Project for the Existing Tseung Kwan O 400kV
Substation (Register No. PP – 072/1999) [Hereinafter referred to as "the
Project Profile"] 現有將軍澳400千伏支站擴建工程項目的工程項目簡介 (登記冊編號﹕PP-072/1999) [下稱“工程項目”] 2.
Application documents including all attachments submitted by the
Permit Holder on 23 September 2002 (Application No. AEP-147/2002) 許可證持有人於2002年9月23日提交的申請文件包括所有附件(申請書編號﹕AEP-147/2002) |
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Director’s
Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證 |
Letter Reference : (41) in Ax(1) to EP2/N8/H/08 信件檔號：(41) in Ax(1) to
EP2/N8/H/08 Dated: 1 February 2000 日期：2000年2月1日 |
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Date 日期 |
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(Elvis
W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for
the Director of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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PART B (DESCRIPTIONS 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 |
Extension Project for the Existing Tseung
Kwan O 400kV Substation [This designated project is hereinafter referred to
as “the Project”] 現有將軍澳400千伏支站擴建工程項目 [本指定工程項目下稱“工程項目”] |
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Nature of Designated Project |
Extension of an Existing 400kV Electricity
Substation 擴建一個現有的400千伏電力支站 |
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Location of Designated Project 指定工程項目的地點 |
Tseung Kwan O 400kV
Electricity Substation. Wing Lai Road, Tseung Kwan O. The location of the
Project is shown in Figure 1 attached to this Permit. 將軍澳400千伏電力支站。將軍澳穎禮路。工程項目的地點載於本許可證圖1。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The project includes installation of the
following major equipment in the proposed extension area of the Tseung Kwan O
400kV Electricity Substation: 1.
One
400kV series reactor. 2.
Two
400kV shunt reactors. 3.
One
132kV shunt reactor (for future). To house the additional reactors, a single
storeyed concrete structure for reactor bays with roof-top will be erected at
the bottom side of the existing man-made hill slope at the back of substation
formed in 1995 as shown in Figure 1. There is some other electrical equipment
including the switchgears which will be housed inside the existing building. 工程項目包括在將軍澳400千伏電力支站的建議擴建範圍安裝下述主要設備： 1.
1個400千伏串聯電抗器 2.
2個400千伏並聯電抗器 3.
1個132千伏並聯電抗器 (供日後所用) 在圖1所示於1995年建成的支站後面現有人造山坡的山腳處，豎設附連上蓋的單層混凝土構築物，內置電抗器機架，以存放新增的電抗器。至於其他電力設備包括開關裝置，則存放於現有的建築物內。 |
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 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 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 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
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-072/1999),
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 submission.
1.11
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.
1.12
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).
1.13
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.
2. Specific Conditions
2.1
The building structure housing the reactors of
the extension project shall provide at least 30dB(A) overall noise reduction or
equivalent. The Permit Holder shall submit a report detailing noise
measurements conducted to verify the compliance of the above requirements to
the satisfaction of the Director before commencement of operation of the
extension project.
2.2
The electric and
magnetic fields outside the extension substation shall be within the public
exposure limits of 5kV per metre and 0.1 millitesla respectively. The Permit
Holder shall submit reports detailing the measurement of the electric and
magnetic fields conducted to verify the compliance of the above requirements to
the satisfaction of the Director within 1 month after completion of the site
measurements. The site measurements shall be done immediately after the new
extension is commissioned and at the time when the associated electrical
equipment and reactors are operating at maximum load condition.
2.3
Compensatory planting with same or similar tree species and
the number not less than the number of trees felled shall be provided within
the site boundary no later than six months after the completion of construction
work of the extension project. The Permit Holder shall deposit with the
Director, at least one month before commencement of construction, 3 copies of
Landscape Plan showing the details of the trees to be felled and the
compensatory planting proposal.
2.4
The Permit Holder shall allow the representatives of the
Antiquities and Monuments Office of Leisure and Cultural Services Department to
inspect the excavation works to verify if there is any antiquity or supposed
antiquity and provide them any necessary assistance for this purpose.
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,
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 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.