Environmental Permit No. EP-224/2005
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 Hong Kong Jockey Club (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 – “Proposed Extension of Public Golf Course at Kau Sai Chau , Sai Kung ”
(Register No.: PP-110/2000)
工程項目簡介 ― “西貢滘西洲公眾高爾夫球場擬建擴建工程”
(2) Proposed Extension of Public Golf Course at Kau Sai Chau, Sai Kung – Final Environmental Impact Assessment (EIA) Report, Executive Summary, Environmental Monitoring and Audit Manual
(Register No.: AEIAR-091/2005)
Hereinafter referred to as “the EIA Report”
西貢滘西洲公眾高爾夫球場擬建擴建工程 - 最終環境影響評估報告，行政摘要，環境監察及審核手冊
(3) The Director’s letter of approval of the EIA Report dated 14 November 2005 referenced (28) in EP2/N8/I/87 IV
署長於2005年11月14日簽發的批准環評報告的信件檔案編號 (28) in EP2/N8/I/87 IV
(4) Application for Environmental Permit dated 3 August 2005 (Application No.: AEP-224/2005)
(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
Proposed Extension of Public Golf Course at Kau Sai Chau, Sai Kung
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
1. An outdoor golf course and all managed turf areas.
2. Re-use of treated sewage effluent from a treatment plant.
3. A dredging operation less than 500 m from the nearest boundary of an existing fish culture zone
Location of Designated Project
Kau Sai Chau, Sai Kung
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
The proposed extension project involves the following major items:
1. construction and operation of
i. a 18 hole golf course;
一個 18 球洞高爾夫球場；
ii. a closed low flow drainage system;
iii. a desalination plant;
2. construction of a temporary barging point during construction of the project.
3. re-use of treated effluent from the on-site sewage treatment plant for irrigation purpose.
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.
許可證持有人及任何從事工程項目的人士必須符合本許可證載列的全部條件。任何人士如有不符合本許可證的情況，可能違反環境影響評估條例 (「環評條例」) (第499章) 的規定，而當局可根據條例採取適當行動。
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), and Waste Disposal Ordinance (Cap. 354). 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.
許可證持有人須印製本許可證的複本，連同本許可證所述的所有文件及本許可證A部所述文件，以供署長或獲授權人員任何時間內在本許可證所涵蓋的所有工地 / 辦事處查閱。凡提述本許可證，須包括本許可證所述的所有文件及登記冊內的相關文件。
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).
許可證持有人須在工程項目的工地的所有車輛進出口或一處方便地點，顯眼地展示本許可證的複本，以供公眾在任何時間內閱覽。許可證持有人須確保在這些地點展示關於本許可證 (包括任何經修訂的許可證) 的最新資料。許可證持有人如交回許可證的部分或全部，必須把其送交署長的通知書，在備有原有許可證的相同地點展示。遭暫時吊銷、更改或取消的許可證必須從工程項目的工地除下，不再展示。
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, constructed and operated in accordance with the information and all recommendations described in the EIA Report (Register No.: AEIAR- 091/2005), the application documents including all attachments (Application No. AEP-224/2005), other relevant documents in the Register; and the information or mitigation measures described in this Permit, and 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 deposited 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 as specified by the Director.
所有按本許可證規定存放的文件，須在接獲署長的意見 (如有者) 後1個月內 (除非署長另行指定)，根據署長的意見加以修正並再向署長提交。
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, and 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. All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.
署長批准的所有提交文件、署長沒有給予意見的所有存放文件及根據本許可證規定由署長給予意見修正的所有提交文件，均須詮釋為本許可證C部 說明的許可證條件的一部分。提交文件如有任何修訂，均須獲署長的書面批准，或符合有關許可證條件訂明的規定。如有不符合提交文件的情況，則可能違反環境影響評估條例 (第499章) 的規定。所有提交文件或提交文件的任何修訂本，均須按下文條件第2.1及2.2項所述由環境小組組長核證及獨立環境查核人核實，然後才按本許可證規定向署長提交。
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 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 two weeks 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 hardcopies.
本許可證規定向署長提交的所有文件，須親身送交或以掛號方式郵寄至環境影響評估條例登記冊辦事處 (現址為：香港灣仔軒尼詩道130號修頓中心27樓)。所有按本許可證規定提交的文件定稿的電子版本，均須以超文本標示語言 (HTML) (第4.0或較後版本) 和便攜式文件格式 (PDF) (第4.0或較後版本) 製作，除非另獲署長同意，並須與硬複本同時提交。
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. Measures and Submissions for 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 construction of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) 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 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 EM&A Manual of the Project. 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 EIA Report (Register No. AEIAR- 091/2005) and this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. 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 the EIA Report (Register No. AEIAR-091/2005) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, 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.
在工程項目的建造工程展開前，許可證持有人須至少提早1個月成立一個環境小組。環境小組不得與工程項目的承辦商或獨立環境查核人有任何聯繫。環境小組須由一名環境小組組長帶領。環境小組組長須在環境監察及審核 (「環監」) 或環境管理方面至少有7年經驗。環境小組及環境小組組長須按工程項目的環監手冊內載的環監規定，執行環監計劃。環境小組組長須保存一本記錄冊，同時記載可能會影響環評報告 (登記冊編號：AEIAR-091/2005) 的建議及本許可證的符合情況的每宗事件、每種情況或每次情況變化。環境小組組長須在發生任何類似事件、情況或情況變化後1個工作天內通知獨立環境查核人。存放環境小組組長的記錄冊的地方，須可供協助督導執行環評報告 (登記冊編號：AEIAR-091/2005) 的建議及本許可證的所有人士、署長或獲授權人員隨時查閱。環境小組組長如未能在記錄冊保存記錄、未能執行環監手冊所列明的環境小組組長職務或未能符合本條件的規定，署長有權以書面要求許可證持有人撤換環境小組組長。許可證持有人如未能安排人選替補，或在聘用新環境小組組長後仍未能在記錄冊保存同期的記錄，或會導致許可證遭暫時吊銷、取消或更改。
2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-091/2005) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.
在工程項目的建造工程展開前，許可證持有人須至少提早1個月聘用一名獨立環境查核人。獨立環境查核人不得與工程項目的承辦商或環境小組有任何聯繫。獨立環境查核人須在環監或環境管理方面至少有7年經驗。獨立環境查核人須執行環監手冊所列明的職務，以及審核整體環監工作的表現，包括實施所有環境緩解措施、提交環監手冊規定的文件，以及提交本許可證所要求的其他文件。此外，獨立環境查核人須核實永久及臨時工程在環境上的可接受程度、相關的設計圖則和根據本許可證提交的文件，並須核實本許可證條件第2.1項所述的記錄冊。在每次出現事故、情況變化或不符合環評報告 (登記冊編號：AEIAR-091/2005) 及本許可證的情況，而可能會妨礙工程項目所造成不良環境影響的監察或控制工作時，獨立環境查核人須在接獲環境小組組長通知後1個工作天內以傳真方式通知署長。獨立環境查核人如未能通知署長有關情況、未能執行環監手冊所列明的獨立環境查核人職務或未能符合本條件的規定，署長可以書面要求許可證持有人撤換獨立環境查核人。如未能按指示撤換獨立環境查核人，或在聘用新獨立環境查核人後仍未能通知署長有關情況，則或會導致許可證遭暫時吊銷、取消或更改。為執行本條件，許可證持有人的通知等同獨立環境查核人的通知。
2.3 The Permit Holder shall, at least one week before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
許可證持有人須在工程項目的建造工程展開前，至少提早1個星期把主要建造公司及 / 或以任何形式與建造工程相關的合營企業的管理架構，以書面通知署長。提交的資料須至少包括一份組織圖、負責人的姓名及聯絡資料。
2.4 The Permit Holder shall, at least one month before the commencement of construction at the potentially contaminated land as indicated in Figure 2, submit to the Director for approval 3 hard copies and one electronic copy of the Contamination Assessment Plan (CAP) with exact sampling locations and testing parameters. A site investigation shall be carried out in accordance with the approved CAP. If land contamination is confirmed by the site investigation, the Permit Holder shall submit to the Director for approval 3 hard copies and one electronic copy of a Remediation Assessment Plan (RAP) including a Contamination Assessment Report (CAR). All remediation actions in the approved RAP shall be fully and properly implemented. No work on the identified potentially contaminated sites shall be carried out unless and until the CAP and RAP submitted under this condition are approved by the Director. Before submission to the Director, all plans and reports shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.
3 Submissions or Measures during Construction and Operation of the Project
3.1 Site haul roads shall not be located in areas other than the future fairway and cart paths to minimize disturbance to existing habitats.
3.2 The Permit Holder shall construct a closed low flow drainage system as indicated in Figure 3 to collect rainfall and irrigation water to the reservoir. Prior to the operation of the closed low flow drainage system, the Permit Holder shall provide a temporary drainage system to collect rainfall and irrigation water to the reservoir.
3.3 The Permit Holder shall install the filter system in full compliance with the removal performance as described in Table 6.15 of the EIA report for Holes 5 and 6 of the third golf course.
3.4 Except construction of the bridges indicated in Figure 4 or the closed low flow drainage system across the streams, no construction activities and encroachment of personnel and equipment shall be allowed within the buffer zones as indicated in Figure 5. During construction of the bridges and the drainage system, no potentially polluting liquid, solid waste or excavated material should be allowed to fall into the stream. Construction works within the buffer zones should be carried out during dry season (November to March). To avoid disturbance to existing stream bed, all permanent stream crossings should be constructed with precast units.
3.5 Stream flows should be maintained during construction of culvert crossings and underground pipe culverts by providing temporary bypass flow channels or pipes before commencement of the construction works. The flow should be restored to the original paths and the bypass channels or pipes should be removed after the construction works are finished.
3.6 The Permit Holder shall, at least one month before commencement of the Coral Transplantation, submit 3 hard copies and one electronic copy of the detailed methodology for Coral Transplantation to the Director for approval.
3.7 The Permit Holder shall, before commencement of dredging works for the desalination plant intake and outfall pipelines, complete the Coral Transplantation in full compliance with the detailed Coral Transplantation methodology approved under Condition 3.6 above. Any proposed changes to the Coral Transplantation activities shall be justified by the Environmental Team and agreed by the Director before implementation.
3.8 The Permit Holder shall, before commencement of dredging works for the desalination plant intake and outfall pipelines, install the silt curtain(s) that shall fully enclose the dredging activities. The silt curtain shall be installed from the water surface to the seabed level and shall be regularly maintained in good condition throughout the dredging and other related underwater activities.
3.9 Dredging works shall not be carried out between May and December each year to avoid flowering season for seagrass and the spawning season for corals.
3.10 Dredging works could only be carried out at one location at any one time. Dredging by backhoe could only be employed at area with water depth less than 2m and the daily dredging quantity should be less than 20m3. For other areas, tightly closed grab dredging should be employed and the daily dredging quantity should be less than 45m3.
3.11 Except a temporary barging point by floating pontoon at location shown in Figure 1, no other barging point is allowed. The temporary barging point should be built by floating pontoon and no dredging or reclamation work is allowed. All anchoring points should be located on the shore or at least 40m seaward to avoid coral communities near shore.
3.12 The Permit Holder shall sweep the area of intended excavation with a metal detector to check any ordnance underneath the ground prior to any excavation. For any detection of metals under the ground, works should be ceased immediately before confirming the identity of the cause.
3.13 The Permit Holder shall strictly follow the Turf Management Plan contained in Appendix A6.4 of the EIA report during construction and operation stages of the project. Any proposed changes to the Turf Management Plan shall be approved by the Director before implementation.
3.14 All treated effluent from the Sewage Treatment Plant shall be directed to the existing reservoir for reuse and recycling as golf course irrigation water. The valves, joints and pipes for transporting the treated effluent shall be clearly distinguished from those for potable water or sewage to avoid potential health and hygiene problems associated with incorrect connection of pipes.
3.15 The Permit Holder shall deposit with the Director a review report, once every three years upon commencement of operation of the new golf course, on the review of applications of chemicals on the turf grass against the best practicable technology and products available in the market with a view to minimizing chemical usage on the course. The best practicable environmental measures shall be adopted.
3.16 The Permit Holder shall implement the Landscape and visual mitigation measures as shown in Figure 6A, 6B, 6C, 6D.
4 Environmental Monitoring and Audit Requirements
4.1 The Permit Holder shall, at least two weeks before the commencement of construction of the Project deposit with the Director 3 hard copies and one electronic copy of the revised EM&A Manual. The revised EM&A Manual shall incorporate the requirement on additional water quality monitoring after heavy rainfall or when there is overflow from the reservoir, irrigation buffer lake or detention ponds/tanks. The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in this EM&A Manual. Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Manual before submission to the Director for approval.
4.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and
如超逾環監手冊內指定的標準，則按照環監手冊內的事件 / 行動計劃所訂明的時限或署長所同意的時限，執行事件 / 行動計劃所說明的補救行動；以及
(d) logging and keeping records of details of (a) to (c) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site.
4.3 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submission shall be verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.
4.4 Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
在規定提交報告的月份結束後10個工作天內，須向署長提交每月環監報告的3份硬複本及1份電子版本。環監報告須包括各種不符合 (超出) 環境質素表現規限 (行動及極限水平) 情況的摘要。提交的報告須由獨立環境查核人核實。如署長要求，則須提交額外複本。
4.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
5. Electronic Reporting of EM&A Information
5.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports 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 hardcopies as described in Condition 4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF, JPEG or PDF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hardcopies.
為方便公眾透過環評條例互聯網網站及在環評條例登記冊辦事處查閱基線監察報告及每月環監報告，以超文本標示語言 (HTML) (第4.0或較後版本) 及便攜式文件格式 (PDF) (第4.0或較後版本) 製作的報告的電子版本，除非另獲署長同意，須與本許可證條件第4項所說明的硬複本同時提交。在文件開端須加入可與報告各節及小節作出超文本連結的目錄。報告內各類圖表須在載有相關資料的正文內作出超文本連結。除非另獲署長同意，報告內所有圖形均須以交錯存取的GIF，JPEG 或PDF 格式制定。報告的電子版本內容，必須與硬複本的內容一致。
5.2 The Permit Holder shall, within six weeks to the commencement of construction of the Project, set up a dedicated web site and notify the Director in writing the Internet address, where the project information, all environmental monitoring and audit data and reports described in Condition 5.1 above, and all finalized submissions and plans required under this Permit, are to be placed. All environmental monitoring and audit data and reports described in Condition 5.1 above shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data and reports is/are collected or become available, unless otherwise agreed with the Director. All finalized submissions and plans shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after they are deposited with or approved by the Director as required under this Permit, unless otherwise agreed with the Director.
5.3 The Internet website as described in Condition 5.2 above shall enable user-friendly public access to the monitoring and project information including the project profile of the Project, the EIA report, the environmental permit(s), all environmental monitoring and audit data and report and all finalized submissions and plans required under this Permit. Unless otherwise agreed with the Director, the internet website shall have features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by types of monitoring data (e.g. noise, water and air quality); and
按監察數據類別 (如：噪音、水質及空氣質素) 搜尋；以及
(d) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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 Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.
4. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated 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 construction or operation of 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. 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.