Environmental Permit No. EP-173/2003
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE 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 Islands District Office, Home Affairs 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:
Document in the Register
(1) Project Profile –
“Construction of a Temporary Helipad at Yung Shue Wan, North Lamma” (Register No.: PP-195/2003)”
(1) 工程項目簡介- “「興建南丫北榕樹灣臨時直升機升降坪」(登記冊編號: PP-195/2003)
Director’s Permission to Apply Directly for Environmental Permit
Letter Reference:(18) in EP2/N9/B/105
信件檔號: (18) in EP2/N9/B/105
Date: 16 September 2003
(Elvis W. K. AU)
(Environmental Assessment and Noise)
for the 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 Project
[This designated project is hereinafter referred to as “the Project”]
Nature of Designated Project
To construct and operate a helipad within 300m of existing residential development
Location of Designated Project
On existing reclaimed land at Yung Shue Wan, North Lamma. The location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project
The Project is to construct and operate a temporary helipad and associated access road on the existing formed land.
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 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 EIA Ordinance 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’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 and operate 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, constructed and operated in accordance with the information and recommendations described in the Project Profile (Register No. PP-195/2003), other relevant documents in the EIA Ordinance Register Office and the information and mitigation measures described in this Permit. Where recommendations referred to in the documents of the EIA Ordinance 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 1 week 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.
1.9 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.
1.10 The Permit Holder shall notify the Director in writing the commencement date of operation of the Project at least 1 week prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.
2. Specific Conditions
2.1 Only the “EC155 B1” or other alternative helicopter type that generates noise emissions lower than that of the “EC155 B1” shall be employed at the helipad. Any proposal to use an alternative helicopter type will need prior approval by the Director.
2.2 The helipad shall cease to operate after 31 October 2004. Any extension to this date will need prior written approval by the Director.
2.3 To control surface run-off during construction, the Permit Holder shall implement the following mitigation measures throughout the construction of the project:
(a) No construction works shall be undertaken during the rainy season from April to September; and
(b) Sand bags shall be placed along the edge of the existing stormwater drain within the site to avoid siltation.
2.4 The Permit Holder shall set up and operate a community liaison office throughout the construction period of the Project to receive and respond to complaints and enquiries on the environmental nuisances or pollution caused by the Project, and to implement remedial mitigation measures.
2.5 Before the operation of the temporary helipad, the Permit Holder shall hydroseedthe exposed earth surface around the helipad and the access road within the Project site boundary, as shown in Figure 1 attached to this Permit, for visual enhancement and dust suppression.
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, 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 construction 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 Part I of 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. Under Section 26(2) of the Ordinance, a person who contravenes conditions in the Permit does not commit an offence if he carries out such an action in response to an emergency and in the interests of public safety or public health.
10. 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-173/2003
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