Environmental Permit No.   EP-195/2004

環境許可證編號 EP-195/2004











A (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to the Drainage Services Department (hereinafter referred as the "Permit Holder") to 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:



Application No.




Document in the Register:



(1)     Main Drainage Channels for Ngau Tam Mei, Yuen Long and Kam Tin: Environmental Impact Assessment and Environmental Schedule (Register No. EIA─ 089/BC) [Hereafter referred to as "the EIA report"]

(1)     牛潭尾、元朗及錦田主要排水道:環境影響評估及環境計劃(登記冊編號. EIA─ 089/BC) [下稱"環評報告"]


(2)     Environmental Permit issued - Permit No.: EP-012/1998 issued on 17 December 1998

(2)     已發出的環境許可證-19981217日發出編號EP-012/1998的許可證



(3)     Application for Variation of an Environmental Permit on 15 June 1999 (Application No. VEP-005/1999)

(3)     1999615日提交之更改環境許可證申請文件(申請書編號VEP-005/1999)


(4)     Environmental Permit issued - Permit No.: VEP-005/1999/A/EP-012 issued on 13 July 1999

(4)     已發出的環境許可證-1999713日發出編號VEP-005/1999/A/EP-012的許可證


(5)     Application for Environmental Permit submitted on 3 August 2004 (Application No. AEP-195/2004)

(5)     許可證持有人於200483日提交的許可証申請文件(申請書編號AEP-195/2004) 























(Elvis W.K. AU)

Assistant Director of Environmental Protection

(Environmental Assessment and Noise)

for Director of Environmental Protection


(  ( )  區偉光 )


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:




Title of Designated Project


Main Drainage Channels for Yuen Long and Kam Tin, Remainder , Phase 1 (Kam Tin Road to Tai Kek Section)

[The project is hereinafter referred to as "the Project".]
上述工程項目下稱"工程項目" ]


Nature of Designated Project

Operation of a drainage works


Location of Designated Project


Kam Tin

Figure 1 attached to this Permit shows the location of the Project.



Scale and Scope of Designated Project



Operation of a main drainage channel from Kam Tin Road to Tai Kek





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 (EIAO) (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 give a copy of this Permit to the person(s) in charge of the site 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 operation of the Project and shall mean the same hereafter.


1.4               The Permit Holder shall operate the Project in accordance with the project descriptions in Part B of this Permit.


1.5               The Permit Holder shall ensure that the Project is operated in accordance with the information and recommendations described in the EIA Report (Register No. EIA-089/BC), other relevant documents in the EIAO Register Office, the information and mitigation measures described in this Permit, and mitigation measures to be recommended under on-going surveillance and monitoring activities during the operation of the Project.


2.    Measures during the Operation Period


2.1               All design or operational measures described in the submissions approved or deposited under the Environmental Permit No. VEP-005/1999/A/EP-012 shall be properly maintained.


2.2               The vegetation on the embankment slopes provided by either grasscrete or hydroseeding or planting with trees and shrubs shall be properly maintained. Native species shall be included in the planting list and native shrub seeds shall be added to the hydroseed mix.


2.3               The Permit Holder shall ensure the measures to mitigate odour impact associated with the operational maintenance dredging of the drainage channels are implemented. The measures shall include:


(a)    any odorous permitted stockpiled material should be placed 100m away from air sensitive receivers; and

(b)    any odorous permitted stockpiled material shall be covered with plastic tarpaulin sheets if left in excess of 2 days.


2.4              The dredged materials arising from the maintenance dredging shall be disposed of at the WENT, NENT and SENT Landfill or other location(s) as agreed with the Director.


2.5               The Permit Holder shall submit to the Director for approval within a month of the operation of the Project a proposal to monitor the avifauna use of the constructed channel and implement the approved monitoring proposal.

Notes :


1.         This Permit consists of three parts, namely, PART A (Main Permit), PART B (Descriptions 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 EIAO, 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 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 EIAO 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 responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the EIAO to the Director for a further environmental permit.


5.         Under Section 14 of the EIAO, 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 site.


6.         If this Permit is cancelled or surrendered during operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.


7.         Any person who operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.



  Environmental Permit No. EP-195/2004


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