Environmental Permit No. EP-260/2006

環境許可證編號 EP-260/2006

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

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

PART A (MAIN PERMIT)

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 Television Broadcasts 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電視廣播有限公司(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：

Application No.

申請書編號

AEP-260/2006

Document in the Register:

登記冊上的文件：

(1) Project Profile –

“Hill-top Transposer Station Expansion at Castle Peak, Kowloon Peak and Cloudy Hill and Lamma Island ”

(Register No.: PP-302/2006)

工程項目簡介 ―

“青山、飛鵝山、九龍坑山及南丫島山頂轉播站擴建工程”

（登記冊編號：PP-302/2006）

(2) Application documents including all attachments submitted by the Permit Holder on 19 December 2006 (Application No. AEP-260/2006)

申請文件包括許可證持有人於2006年12日19日提交的所有附件 (申請書編號:AEP-260/2006)

Director’s Permission to Apply Directly for Environmental Permit

署長准許直接申請環境許可證

Letter Reference: (38) in EP2/Q/144

信件檔號：(38)in EP2/Q/144

Date: 20 November 2006

日期: 2006年11月20 日

January 2007

Date

日期

(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

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：

Title of Designated Project

指定工程項目的名稱

Hill-top Transposer Station Expansion at Castle Peak, Kowloon Peak and Cloudy Hill

(This designated project is hereafter referred to as “the Project”)

青山、飛鵝山及九龍坑山山頂轉播站擴建工程

(本指定工程項目下稱“工程項目”)

Nature of Designated Project

指定工程項目的性質

Earthworks and building works wholly in Ma On Shan Country Park, Pak Sin Leng Country Park, and the Castle Peak Site of Special Scientific Interest

於馬鞍山郊野公園、八仙嶺郊野公園及青山具有特別科學價值的地方內進行土木工事及建築工程

Location of Designated Project

指定工程項目的地點

The hill-top of Castle Peak at Tuen Mun, Kowloon Peak at Kowloon and Cloudy Hill at Tai Po

屯門青山、九龍飛鵝嶺及大埔九龍坑山山頂

The location of the Project is shown in Figure 1,2 & 3 of this Permit.

工程項目的地點展示於本許可證圖1, 2 及 3 內

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The project is to construct and operate three transposer stations including:

(a) a 2-storey building with an area of about 157m² and an antenna tower about 34m in height on top of the building at Castle Peak;

(b) a 2-storey building with an area of about 141m² and an antenna tower about 47m in height on top of the building at Kowloon Peak; and

(c) a single building with an area of about 130m² and an antenna tower about 39m in height on top of the building at Cloudy Hill

工程項目涉及建造及營辦三座轉播站。包括：

(a) 一座位於青山兩層高面積約157平方米的建築物，及一座在屋頂約34米高的天線塔；

(b) 一座位於飛鵝山兩層高面積約141平方米的建築物，及一座在屋頂約47米高的天線塔；及

PART C (PERMIT CONDITIONS)

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), 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 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 all recommendations described in the Project Profile (Register No.: PP-302/2006), the application documents including all attachments (Application No. AEP-260/2006), and the information or mitigation measures described in this Permit. 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 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.

1.13 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 locations as indicated in Figure 1, 2 and 3 of this Permit.

2.2 No temporary access or haul road shall be formed for construction of the Project. Construction materials, equipments and surplus excavated materials for the Project shall be transported to and away from the Project sites through the existing route(s) or by helicopters.

2.3 No tree felling shall be carried out for the Project.

2.4 Before commencement of construction of the Project, field survey shall be conducted to ascertain any presence of rare or protected plant species within and close to the Project site. The Permit Holder shall, no later than two weeks after the completion of field survey, deposit with the Director four hard copies and one soft copy of the field survey report on the survey findings. If rare or protected plant species that will be affected by the Project were identified, these plant species shall be transplanted to suitable location(s) outside the Project site(s) before commencement of construction of the Project. The Permit Holder shall, no later than two weeks before commencement of transplantation, deposit with the Director four hard copies and one soft copy of transplantation proposal with the following details :

(a) species and locations of plants to be transplanted;

(b) recipient site for the transplanted plants;

(d) post-transplanting monitoring.

2.5 Chemical toilets shall be provided during the construction stage.

2.6 Temporary drains with silt traps shall be constructed at the boundaries of the Project sites to direct all construction site run-off to sand/silt removal facilities before discharges.

2.7 No earth, building materials, fuel, oil or toxic materials and other materials which may cause contamination shall be stockpiled on the Project sites. No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in any environmentally sensitive areas including any country park, site of special scientific interest and conservation area.

2.8 Diesel storage in each transposer station shall not be more than 2,500 litres. All diesel storage tanks shall be housed in a fuel tight structure with holding capacity of not less than 2,500 litres to fully retain any accidentally spilled diesel.

2.9 Grease trap and perimeter drains shall be provided to retain any leakages of diesel/chemicals during both construction and operation stages.

2.10 Visually unobtrusive or sensitive architectural finishes and recessive chromatic treatments shall be incorporated into the design of the Transposer Stations for implementation. The Permit Holder shall, no later than three months after completion of construction of the Project, deposit with the Director four hard copies and one electronic copy of the as-built drawings and photo records showing the completed visual and landscape mitigation works.

2.11 All temporary works areas shall be reinstated and landscaped with vegetation within two months after the completion of construction of the Project. Construction plants and equipments which may cause pollution due to leakage of oil or fuel shall be removed from the Project site immediately after 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 sites.

6. If this Permit is cancelled or surrendered during construction and 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 and 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.

Figure 1 | Figure 2 | Figure 3 |

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