Environmental Permit No. EP-196/2004
環 境 許 可 證 編 號 EP-196/2004

 

 

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

環境影響評估條例

(499)

10

 

ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT

 

建造指定工程項目的環境許可證

 

 

PART A (MAIN PERMIT)

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 Landslip preventive measures division 3, gEOTECHNICAL ENGINEERING OFFICE, civil ENGINEERING and development 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:

 

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土木工程拓展署轄下土力工程處/防止山泥傾瀉部3 (下稱許可證持有人),以建造B所說明的指定工程項目,但須遵守C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.

申請書編號

 

 

AEP-196/2004

 

Document in the Register :

登記冊上的文件:

 

1.        Project Profile -
"Agreement No. CE 75/2001 (GE), 10-Year Extended LPM Project, Phase 3, Package C, Kowloon and Northern New Territories Landslip Preventive Works on Government Slopes and Related Studies – Investigation, Design and Construction, June 2004" (Register No.: PP-216/2004)

工程項目簡介 -
"
合約編號CE75/2001(GE) 延續十年的防止山泥傾瀉計劃三期第C位於九龍及新界北的斜坡之防止山泥傾瀉工程 勘測,設計及建造,二零零四年六月" (登記冊編號: PP-216/2004)

 

2.        Application for Environmental Permit submitted by the Permit Holder on 11 August 2004 (Application No.: AEP-196/2004)

許可證持有人於2004811日提交的申請文件

(申請書編號: AEP-196/2004)

 

 

 

 

 

 

Application No.

申請書編號

 

 

AEP-196/2004

 

Director's Permission to Apply Directly for Environmental Permit
署長批准直接申請環境許可證

 

 

Letter Reference: (18) in EP2/G/Q/133 Pt.1
信件檔號: (18) in EP2/G/Q/133 Pt.1

 

Date: 22 July 2004
日期: 2004722

 

 

 

 

 

 

 

September 2004

 

 

Date

日期

 

(Elvis W. K. AU)

Assistant Director

(Environmental Assessment and Noise)

for 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)

 

 

 


PART B (DESCRIPTION OF DESIGNATED PROJECT)

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”):

下列為本環境許可證(下稱許可證”)A所提述的指定工程項目的說明:

 

Title of Designated Project

指定工程項目的名稱

 

Agreement No. CE 75/2001 (GE), 10-Year Extended LPM Project, Phase 3, Package C, Kowloon and Northern New Territories Landslip Preventive Works on Government Slopes and Related Studies – Investigation, Design and Construction.

[This designated project is hereinafter referred to as "the Project"]

 

合約編號CE75/2001 (GE) 延續十年的防止山泥傾瀉計劃第三期第C位於九龍及新界北的斜坡之防止山泥傾瀉工程 - 、設計及建造。

[指定工程項目下稱"工程項目"]

 

Nature of Designated Project

指定工程項目的性質

 

To carry out landslip preventive measures for government slopes at Northern New Territories involving earthworks within country parks and conservation areas.

在新界北的政府斜坡上進行防止山泥傾瀉工程,涉及在郊野公園及自然保育區內之土木工事

 

Location of Designated Project

指定工程項目的地點

 

 

Along Bridge’s Pool Road, at Kau Tam Tso and Sheung Wo Hang. The location of the Project is shown in Figures 1 to 5 of this Permit.

新娘潭路沿線、九担租和上禾坑一帶。工程項目的位置見載於本許可證夾附的圖一至圖五

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

Landslip preventive measures on 5 government slopes (Features Nos. 3NE-C/CR181, 3SE-B/C131, 3SE-B/C67, 3SE-B/C51 & 3NE-C/C223). The works comprises installation of soil nails, construction of toe walls and landscaping works. Refer to Figures 6 to 10 for details.

 

在五個政府斜坡上進行防止山泥傾瀉工程〔編號:3NE-C/CR181, 3SE-B/C131, 3SE-B/C67, 3SE-B/C51 & 3NE-C/C223〕。 工序包括裝設固土釘、石坡鞏固措施及景觀美化工程。細節請參閱圖六至圖十

 


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), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance (Cap.208). 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-216/2004) in the EIA Ordinance 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 submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director, within two weeks of the receipt of the Director’s comments or otherwise specified by the Director.

 


1.9               All submissions approved 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            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). 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.

 

1.13            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 locations as indicated in Figures 1 to 5 of this Permit.

 

2.2              The Permit Holder shall submit to the Director for approval at least 4 weeks before commencement of construction 3 sets of the proposal on mitigation measures for in-situ protection of the mature camphor trees and other species of conservation importance within the works area of the project. Any transplantation or other measures shall be justified in the submission. All recommendations as described in the approved submission shall be fully implemented.

 

2.3               The Permit Holder shall submit to the Director for approval at least 4 weeks before commencement of works 3 sets of detailed monitoring programme for the bats recorded in area close to Feature No. 3NE-C/C223. The proposal shall include the following information:

 

(i)                 information of the baseline survey and monitoring program;

(ii)                mitigation measures including constraints of construction activities & periods and other measures to reduce disturbance during the construction period;

(iii)              details of the bat-houses, for example, configuration of the bat-houses (ie. size and shape), locations of the bat-houses to be installed, schedule of the installation and preparation works required; and

(iv)              contingency measures if the above proposed mitigation measures are found to be infeasible or unsuccessful.

 

All recommendations as described in the approved submission shall be fully implemented.

 

2.4               The application of sprayed concrete at Feature No. 3NE-C/C223 shall be kept to the minimum necessary to meet safety and engineering standards. The Permit Holder shall submit to the Director for approval at least 4 weeks before commencement of construction 3 hardcopies and 1 electronic copy of landscape proposal for Feature No.3NE-C/C223. The landscape proposal shall include the locations, design details, implementation programme, maintenance and management schedules, and drawings at the scale of 1:200 or other appropriate scale showing the landscape and visual mitigation measures. The measures shall include landscape and compensatory planting and sensitive design of the engineering slopes, and demonstrate that the landscape and visual aspects of the project will be compatible with the existing natural environment. All recommendations described in the approved submission shall be fully implemented.

 

2.5               Either chemical toilets or other types of sewage treatment facilities without local discharge of wastewater shall be used to handle the foul water effluent arising from the project sites.

 

2.6               Site hoarding of at least 2m high shall be erected along the site boundary of Feature No. 3NE-C/C223 to protect the adjacent declared monument Kang Yung Study Hall during construction.

 

 

 

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 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-196/2004

環境許可證編號  EP-196/2004


Figure 1 to 5 | Figure 6-10 |


[ Back to First Page ] / [ Back to Main Index ]