Environmental Permit No. EP-240/2006
環境許可證編號 EP-240/2006
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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 MTR Corporation Limited (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)第10條的規定，環境保護署署長(署長)將本環境許可證批予地鐵有限公司 (下稱”許可證持有人”)，以建造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-240/2006 |
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Document in the Register : 登記冊上的文件:
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1. Project Profile – “Improvement to the Ngong Ping Stream” (Register No.: PP-274/2005) 工程項目簡介 - “昂坪溪流改善工程” (登記冊編號 : PP-274/2005)
2. The Director’s letter of permission to apply directly for environmental permit dated 2 February 2006 referenced EP2/N9/Q/83 署長於2006年2月2日 發出批准直接申請環境許可證的信件 (檔案編號 : EP2/N9/Q/83) 3. Project Profile – “Tung Chung Cable Car Project – Ngong Ping Stream Diversion” (Register No.: PP-193/2003) 工程項目簡介 - “東涌吊車項目 - 昂坪溪流改道” （登記冊編號：PP-193/2003）
4. The Director’s letter of permission to apply directly for environmental permit dated 4 September 2003 referenced EP2/N9/Q/83 環境保護署署長於二○○三年九月四日發出准許直接申請環境許可證的信件檔案編號EP2/N9/Q/83
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Document in the Register : 登記冊上的文件:
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5. 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) 東涌吊車項目 - 環境影響評估報告（最終） - 環境影響評估報告 - 行政摘要 - 環境監察及審核手冊 下稱“環評報告”（登記冊編號AEIAR-074/2003）
6. The Director’s letter of approval of the EIA Report dated 9 June 2003 referenced EP2/N9/Q/83 環境保護署署長於二○○三年六月九日發出批准環評報告的信件檔案編號EP2/N9/Q/83
7. Environmental Permit issued on 4 August 2005 (Permit No. EP-177/2003/D) for construction and operation of the Tung Chung Cable Car Project 於二○○五年八月四日發出的環境許可證 (許可證編號 EP-177/2003/D) 以建造及營辦東涌吊車項目
8. Environmental Permit issued on 7 November 2003 (Permit No. EP-178/2003) for construction of the Tung Chung Cable Car Project – Ngong Ping Stream Diversion 於二○○三年十一月七日發出的環境許可證 (許可證編號 EP-178/2003) 以建造東涌吊車項目 - 昂坪溪流改道
9. Application for Environmental Permit submitted by the Permit Holder on 6 February 2006 (Application No.: AEP-240/2006) 許可證持有人於2006年 2 月 6 日提交的環境許可證申請文件（申請書編號：AEP-240/2006）
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1 March 2006 |
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Date 日期 |
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(Simon Y M HUI) Principal Environmental Protection Officer (Regional Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 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
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Improvement to the Ngong Ping Stream (This designated project is hereafter referred to as “the Project”) 昂坪溪流改善工程 (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
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Trimming of a section of stream bed at the Ngong Ping Stream which locates in the Lantau North Country Park and discharges into an area of less than 300m from a conservation area at Ngong Ping 整理昂坪溪流的一段溪流床，工程位於北大嶼郊野公園內和排水入一個距離昂坪自然保育區少於三百米的地區
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Location of Designated Project 指定工程項目的地點
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Ngong Ping 昂坪
Location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內
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Scale and Scope of Designated Project |
The Project is mainly to trim a section of stream bed of approximately 27m long in order to remove the high point at the stream bed by approximately 0.7m. 工程項目主要整理一段約長二十七米的溪流床，以移除約零點七米的溪流床高位
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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) and Waste Disposal Ordinance (Cap. 354), Country Parks Ordinance (Cap. 208) 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 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-274/2005) in the Register, 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 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 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 preparation or other works as agreed by the Director.
2. Specific Conditions
2.1 The Environmental Monitoring and Audit (EM&A) programme as stipulated in Condition 5.1 of the Environmental Permit for the Tung Chung Cable Car Project (Permit No. EP-177/2003/D) shall be extended and implemented to cover the Project. The EM&A personnel, including the Environmental Team (ET) Leader, the Independent Environmental Checker (IEC) and the ecologist for the Tung Chung Cable Car Project, shall monitor and audit the environmental performance of the Project. Remedial actions shall be proposed and implemented where (a) the recommendations contained in the Project Profile (Register No. PP-274/2005) cannot be implemented; or (b) the performance target as proposed in the Project Profile (Register No. PP-274/2005) cannot be achieved.
2.2 The Project shall only be constructed at the location as indicated in Figure 1 of this Permit.
2.3 No haul road or temporary access of any kind, except a temporary access as indicated in Figure 1 of this Permit, shall be formed for carrying out the Project. The width of the temporary access as indicated in Figure 1 of this Permit shall not be more than 3m.
2.4 No tree shall be felled for carrying out the Project.
2.5 No construction works of the Project shall be carried out at any time between April to September unless otherwise agreed by the Director.
2.6 Prior to the construction of the Project, detailed survey of any stream fauna of conservation interest, including Leptolalax pelodytoides (Leaf Litter Toad) and Chinemys reevesii (Reeves’ Terrapin), within the works area of the Project shall be conducted. Any found stream fauna of conservation interest, including Leptolalax pelodytoides (Leaf Litter Toad) and Chinemys reevesii (Reeves’ Terrapin), shall be translocated to other nearby suitable habitats before commencement of construction of the Project. The fauna survey and translocation shall be conducted by the ecologist as mentioned in Condition 2.1 of this Permit. The Permit Holder shall, no later than two weeks after the completion of fauna survey and if any, fauna translocation, deposit with the Director four hard copies and one electronic copy of fauna survey and translocation report showing fauna survey results and if any, types of translocated fauna, locations of the sites for translocation and details of post-translocation monitoring.
2.7 Shallow rock pools shall be formed at the stream bed after trimming to provide microhabitats for stream fauna. The Permit Holder shall, no later than one month after the completion of construction of the Project, deposit with the Director four hard copies and one electronic copy of the as-built drawing(s) showing the details of the shallow rock pools. Before submission to the Director, the drawing(s) shall be certified by the ET Leader and verified by the IEC as mentioned in Condition 2.1 of this Permit as conforming to the information and recommendations of the Project Profile (Register No. PP-274/2005) to mitigate the environmental impact of ecology.
2.8 Upon completion of construction of the Project, particularly in the following wet season, effectiveness of the rock pools, natural or created, between the diverted Ngong Ping Stream at the Cable Car Terminal upstream and the Project site shall be monitored. The monitoring shall include observation of the water holding capacity of the pools, the connectivity of the pools with continuous flow and the utilization of the pools by stream fauna. The ecologist as mentioned in Condition 2.1 of this Permit shall be engaged to carry out the monitoring work. The ecologist shall provide recommendations to prepare a rectification plan to rectify any negative ecological performance of the rock pools. All recommendations in the rectification plan shall be fully implemented. The Permit Holder shall, no later than two months after the completion of construction of the Project, deposit with the Director four hard copies and one electronic copy of the rock pool monitoring proposal including the monitoring requirements, the evaluation criteria of the ecological performance and effectiveness of the rock pools, the Event/Action Plan and the rectification plan. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as mentioned in Condition 2.1 of this Permit as conforming to the information and recommendations of the Project Profile (Register No. PP-274/2005) to mitigate the environmental impact of ecology.
2.9 Temporary stream and drainage diversion and interception measures shall be implemented during construction of the Project to mitigate the downstream water quality impact due to site runoff and other potential water pollution caused by construction works. Temporary bund walls shall be provided at both ends of the Project site before commencement of construction of the Project.
2.10 No waste, spoil and excavated materials or materials alike arising from the Project shall be dumped in any 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 All temporary works area shall be reinstated within three months after the completion of construction of the Project.
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-240/2006
環境許可證編號EP-240/2006