Environmental Permit No. EP-229/2005
環境許可證編號 EP-229/2005
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (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 Airport Management Services
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:
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予機場管理服務有限公司(下稱”許可證持有人”)，以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-229/2005 |
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Document in the Register : 登記冊上的文件: |
1.
Project Profile – “Development of SkyCity Golf Course” (Register No.: PP-256/2005) 工程項目簡介 ― “航天城高爾夫球場項目發展”（登記冊編號：PP-256/2005） 2.
The Director’s letter of permission to apply
directly for environmental permit dated 13 September 2005 referenced EP2/N9/0/110
II 環境保護署署長於二○○五年九月十三日發出准許直接申請環境許可證的信件檔案編號 EP2/N9/0/110 II 3.
Application for Environmental Permit submitted by
the Permit Holder on 24 September 2005 (Application No. AEP-229/2005) 許可證持有人於二○○五年九月二十四日提交的環境許可證申請（申請書編號：AEP-229/2005） |
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17 October 2005 |
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Date 日期 |
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(Simon Y.M. HUI) Principal
Environmental Protection Officer for Director of
Environmental Protection 環境保護署署長 （首席環境保護主任 許一鳴代行） |
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PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (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部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱 |
Interim Ancillary Recreation and Golf Facility
Development, North Commercial District, (This designated project is hereafter referred to as
“the Project”) 香港國際機場北部商業區高爾夫球設施及娛樂配套設施臨時發展項目(航天城高爾夫球場) （本指定工程項目下稱“工程項目”） |
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Nature of Designated Project 指定工程項目的性質 |
The Project involves the construction and operation
of a 9-hole outdoor golf course and all manage turf areas. 工程項目包括在建造及營辦9洞戶外高爾夫球場及全部受管理的草地範圍 |
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Location of Designated Project 指定工程項目的地點 |
North-eastern part of the Airport Island, North
Lantau Island The location of the Project is shown in
Figure 1 of this Permit. 北大嶼山之機場島東北面 |
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Scale and Scope of
Designated Project |
The proposed work involves the construction and
operation of a 9-hole temporary golf facility of about 11.56 hectares in
size. The golf facility
comprises: -
A 9-hole golf course
including greens, tees, fairways, rough, bunkers, artificial lakes and
streams); -
a clubhouse; -
refreshment counters; -
maintenance building
and yard; -
car parks; and -
associated
infrastructure. 建議工程包括建造及營辦面積約11.56公頃的9洞臨時高爾夫球設施。設施包括： -
一個九個洞的高爾夫球場（包括果嶺、開球球座、球道、深草區、沙池、人工湖及河流）； -
會所； -
茶點站； -
維修大樓及庭園； -
停車場及 -
相關設施。 |
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), 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 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 authorised 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 refers to
site 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 descriptions 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-256/2005), 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 as 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
date of construction of the Project 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.
1.13
For the purpose of this Permit, “commencement of construction” does not
include works related to site clearance and preparations, or other works as
agreed by the Director.
2. Specific
Conditions
2.1
No artificial chemical fertilizers shall be used on the golf course and
turf area.
2.2
No artificial chemical pesticides shall be used on the golf course and
turf area.
2.3
A continuous earth bund, of at least 1.5m high, shall be formed along
the perimeter of the golf course to contain surface runoff.
2.4
The Project shall be constructed with a subsurface drainage system to
direct the rainfall and irrigation water inwards to the artificial lakes as
indicated in Figure 2.
2.5
The artificial lakes and the stream system of the Project shall be constructed
with an impermeable liner system as indicated in Figure
3 to retain water and to prevent any leakage downwards into the ground.
2.6
The Permit Holder shall submit an Environmental Monitoring and Audit
(EM&A) Manual to the Director for approval no later than two weeks before
commencement of construction of the Project. The EM&A Manual shall cover details
of the water quality monitoring programme for construction and operation of the
Project. The Permit Holder shall fully implement the EM&A programme in
accordance with the requirements set out in the approved EM&A Manual for construction
and operation of the Project.
2.7
The Permit Holder shall submit a turfgrass management plan (TMP) to the
Director for approval no later than two weeks before laying of turfgrass for
the Project. The plan shall be
prepared by a competent personnel trained in the theory and practice of
turfgrass management and maintenance.
The TMP shall cover in sufficient detail on, but not limiting to, the
following aspects: -
(i)
Turfgrass species (including name, type and origin);
(ii)
Fertilizers usage (including the type, dosage, frequency of application
of fertilizers);
(iii)
Integrated pest management methodology (including a monitoring and
record-keeping programme on pest occurrence, defining pest response threshold
levels, recording the control methods including the type, dosage, frequency of
application of biological pest control agents);
(iv)
Review calculations on worst-case nutrient loading of the golf course
during turfgrass establishment and operation; and
(v)
Reporting schedule to the Director.
2.8
No overflows from the artificial lakes of the golf course
shall be allowed, via Outfall No.8 as indicated in Figure
4 or any other outfalls, if the water quality of the lake fails to meet
the criteria for discharge as stipulated in EM&A Manual approved under
Condition 2.6. The proposed golf course shall be designed
to be a self-containing structure to retain rainwater and to prevent any overflow
from the artificial lakes to the surrounding marine water if required.
2.9
Floodlights shall be installed at an angle downwards away from the
sensitive receivers including air traffic controllers in the Airport Traffic
Control Tower.
2.10
To prevent attraction of birds, the golf course shall be designed with
the following measures: -
(i)
The area of water surface shall not be more than 10% of the total site
area;
(ii)
The lake edge shall be profiled to prevent birds from wading; and
(iii)
Plant species which will discourage foraging, perching or nesting of
birds shall be selected and planted in the Project.
2.11
The Permit Holder shall conduct a regular soil sampling and testing
before operation, during operation and before expiry of operation of the
Project to confirm and verify that there is no land contamination caused as a
result of the operation of the golf course. The Permit Holder shall deposit the
following submissions to the Director:
(i)
A soil sampling and monitoring plan no later than two weeks before
commencement of construction of the Project to include details of sampling
plan, parameters to be analysed, necessary remedial measures and reporting
requirements;
(ii)
A baseline monitoring report no later than two weeks before operation
of the Project to confirm the baseline condition of the soil;
(iii)
A soil contamination assessment report no later than four weeks after
expiry of operation of the Project to include all soil monitoring and testing
results and interpretations and if any remedial measures are required.
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 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 or operate 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.
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.
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