Environmental Permit No. EP- 204/2004
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO OPERATE A PART OF THE
Pursuant to Section 10 of
the Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants this Environmental Permit to
Harbour City Estates Limited (hereinafter referred to as the
“Permit Holder”) to
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 – “Maintenance Dredging for Ocean Terminal and Seawater Pump House”
(Register No. PP-227/2004)
(2) Application documents including all attachments submitted by the Permit Holder on 4.11.2004 (Application No. AEP-204/2004)
申請文件包括許可證持有人於2004年11月4日提交的所有附件 (申請書編號 AEP-204/2004) [下稱 「申請書」]
Director’s Permission to Apply Directly for Environmental Permit
署 長 准許直接申請環境許可證
Letter Reference : (31) in Ax(1) EP2/K1/C/10
信件檔號 : (31) in Ax (1) EP2/K1/C/10
Date : 28 October 2004
日期 : 2004年10月28日
Assistant Director of Environmental Protection
(Environmental Assessment and Noise)
for Director of Environmental Protection
(助 理 署 長 (環 境 評 估 及 噪 音) 區偉光代 行)
Hereunder is the description of the designated projects mentioned in Part A of this environmental permit:
(hereinafter referred to as the Permit)
Title of Designated Projects
Maintenance Dredging for Ocean Terminal and Seawater Pump House [this is referred hereafter as “the Project”]
of Designated Projects
Location of Designated Project
The Project is located near Ocean Terminal. The dredging area is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project(s)
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 (EIA) 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 (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) 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 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 EIA Ordinance Register Office.
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 (dredging)
The Permit Holder shall display
conspicuously a copy of this Permit on the
convenient location for public 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
1.6 The Permit Holder shall the Project as described in Part B of this Permit.
The Permit Holder shall ensure
that the Project is
1.8 All deposited submissions, as required under this Permit, shall be rectified 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.
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 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).
The Permit Holder shall notify
the Director in writing the commencement date of the
the Project at least weeks before the commencement
of the of
the Project. The Permit Holder
shall also notify the Director in writing the completion date of the dredging
operation at least 1 week before the anticipated date of completion of dredging
operation. The Permit Holder shall notify the Director in writing immediately
if there is any change of the commencement / completion .
2. Submissions before Commencement of the Project
2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of operation of the Project. The ET shall not be in any way an associated body of the Contractor for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the updated EM&A Manual to be submitted and approved under Condition 2.2 of this Permit. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the Project Profile (Register No. PP-227/2004) or this Permit. The ET Leader shall notify the Director by fax within one working day of the occurrence of any such instance or circumstance or change of circumstances or non-compliance with the Project Profile (Register No. PP-227/2004) or this Permit, which might affect the monitoring or control of adverse environmental impact. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of in the Project Profile (Register No. PP-227/2004) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to notify the Director of the same, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
Water quality monitoring shall
be carried out throughout the Project period and be extended for a period
of 2 weeks immediately after the completion of the dredging
. The Permit Holder shall, at least 3 weeks
prior to the commencement of dredging , submit an updated
EM&A manual to include the post-project monitoring programme and quality
assurance / quality control (QA/QC) procedures for the water quality monitoring
for the Director’s approval.
3. Measures during Project Implementation
3.1 No dredging operation shall be carried out outside the limit of dredging area(s) as shown in Figure 1 of this Permit. The final dredging level(s) at the dredging area(s) shall not exceed those indicated in Figure 1 of this Permit.
3.2 At all time throughout the dredging operation, the Permit Holder shall limit the daily dredging rate to no more than a total of 5000 m3 of sediment per day.
At any one time within the Project area, the Permit Holder
shall limit the total number of dredger and derrick lighter to be used to
no more than one of each, in order to minimize water quality impact due to
sediment spillage from the dredging
3.4 At all time throughout the dredging operation, the Permit Holder shall use only close grab(s) for all dredging operations in order to reduce sediment spillage, as far as practicable, when the grab(s) is being lifted.
The Permit Holder shall install a silt curtain at the intake
of the existing Seawater Pump House of Harbour City at all time during dredging
operation. The silt curtain shall
be made of permeable fabric, with the design as shown in Figure
2 of this Permit, and extend
to seabed. The geographical location
of the silt curtain is indicated in Figure
3 of this Permit.
At all time throughout the dredging operation, each and every
dredging grab(s) shall operate with silt curtain(s) installed around them.
The silt curtain(s) shall be made of permeable fabric and
to seabed. The silt curtain(s) shall be properly
maintained to minimize sediment release, as far as practicable, at the seabed
/ silt curtain interface and at the topwater level / silt curtain interface.
s soon as the barges are fully loaded
with dredged sediments, they shall leave the site for off-site disposal of
3.8 The Permit Holder shall carry out water quality monitoring in full accordance with the updated EM&A programme submitted and approved under Condition 2.2 of this Permit. The Permit Holder shall submit three hard copies and one electronic copy of monthly EM&A Report to the Director within 2 weeks after the end of the reporting month.
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.
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.