Environmental Permit No. EP-213/2005
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the MTR CORPORATION LIMITED (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 –
“Provision of a Temporary Helipad at Tea Garden, Ngong Ping for the Tung Chung Cable Car Project ”
(Register No.: PP-241/2005)
2. The Director’s letter of permission to apply directly for environmental permit dated 22 March 2005 referenced EP2/N9/Q/83
Document in the Register :
3. Tung Chung Cable Car Project
- Environmental Impact Assessment Report (Final)
- Environmental Impact Assessment - Executive Summary
- Environmental Monitoring and Audit Manual
Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-074/2003)
- 環境影響評估報告 - 行政摘要
4. The Director’s letter of approval of the EIA Report dated 9 June 2003 referenced EP2/N9/Q/83
5. Application for Environmental Permit dated 23 March 2005 (Application No.: AEP-213/2005)
20 April 2005
(Simon Y. M. HUI)
Principal Environmental Protection Officer
for 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
Provision of a Temporary Helipad at Tea Garden, Ngong Ping for the Tung Chung Cable Car Project
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Provision of a temporary helicopter landing pad and refueling stop within 300m of residential development and in a conservation area at Ngong Ping.
Location of Designated Project
Tea Garden, Ngong Ping.
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
The Project mainly consists of the formation of a temporary helipad, with area confined to 20m x 20m, for the use and refueling of 1 or 2 helicopters.
工程項目主要興建一個面積20米 x 20米內的臨時直升機升降場，以供一或兩架直升機使用和補給燃料
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), Waste Disposal Ordinance (Cap. 354), Dangerous Goods Ordinance (Cap. 295), Civil Aviation Ordinance (Cap. 448) and Waterworks Ordinance (Cap. 102). 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-241/2005), the approved EIA Report (Register No. AEIAR-074/2003), and 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 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 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). 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.
1.12 The Permit Holder shall notify the Director in writing the commencement dates of construction and operation of the Project prior to the commencement of construction and operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the construction and operation.
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 and operated at the location indicated in Figure 1 of this Permit. The area of the Project shall not be more than 20m x 20m.
2.2 No temporary access or haul road shall be formed outside the Project site for carrying out the works of the Project. No construction materials shall be stockpiled outside the Project site. No tree outside the Project site shall be felled.
2.3 No area within the Project site shall be paved with concrete.
2.4 Helicopter “LAMA” as recommended in the Project Profile (Register No. PP-241/2005) shall not be used in the Project. Only the helicopter “KAMOV KA-32A12” as recommended in the Project Profile (Register No. PP-241/2005) or other quieter helicopter(s) as agreed by the Director shall be used in the Project. No more than one helicopter shall be operated within the Project site at any time.
2.5 The operation of the Project shall be ceased after eight months from the commencement of operation of the Project.
2.6 No operation of the Project shall be carried out between 7:00 p.m. and 7:00 a.m. of the following day and at any time on Sundays and public holidays.
2.7 No helicopter used in the Project shall be operated outside the flight envelope as recommended in the Project Profile (Register No. PP-241/2005) and indicated in Figure 2 of this Permit.
2.8 No more than 4000 litres of aviation fuel shall be stored within the Project site. The storage containers of the aviation fuel shall be housed in a temporary waterproof structure. Floor of the temporary structure shall be properly design with holding capacity of not less than 4000 litres to retain any accidentally spilled aviation fuel.
2.9 The emergency plan developed for the Tung Chung Cable Car Project detailing the emergency response procedures shall be implemented for the Project to deal with accidental leakage and spillage of aviation fuel when such instance or circumstance occurs.
2.10 No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in the environmentally sensitive areas including the Lantau North Country Park, the Lantau South Country Park, the Ngong Ping Site of Special Scientific Interest, the Lantau Peak Special Area & Site of Special Scientific Interest and the conservation area at Ngong Ping.
2.11 The Project site and all affected area shall be reinstated by appropriate hydroseeding and vegetation planting to the original profile within two months after the cessation of operation of the Project.
2.12 The Environmental Monitoring and Audit (EM&A) programme for the Tung Chung Cable Car Project shall be extended and implemented to include the Project. Helicopter noise shall be regularly measured at the D. G. Davis Hostel to verify the noise levels and the effectiveness of the helicopter noise mitigation measures. The Permit Holder shall, no later than one week before commencement of operation of the Project, deposit with the Director four hard copies and one electronic copy of an updated EM&A Manual. The updated EM&A Manual shall include the monitoring and audit requirements, the Event/Action Plans and the complaint handling for helicopter noise.
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 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. Under Section 26(2) of the Ordinance, a person who contravenes conditions in this 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.