nvironmental Permit No. EP-267/2007
環境許可證編號 EP-267/2007
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)
Pursuant to Section 10 of the Environmental Impact
Assessment Ordinance (EIAO), the Director of Environmental Protection (the
Director) grants this environmental permit to CLP Power Hong Kong 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中華電力有限公司(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-267/2007 |
|
|
Document in
the Register: 登記冊上的文件： |
(1) (2) (3) |
Project Profile – “Proposed 132kV Submarine Cable Route for Airport “A”
to Castle Peak Power Station Cable Circuit” (Register No.: PP-295/2006) 工程項目簡介 – “擬敷設132千伏青山發電站至機場 “A” 變電站電纜線路之海底電纜分段” (登記冊編號: PP-295/2006) The Director’s letter of permission to apply directly for
environmental permit dated 29 August 2006 (Reference: (41) in EP2/G/C/143) 署長於2006年8月29日發出准許直接申請環境許可證的信件 (檔案編號：(41) in EP2/G/C/143) Application for environmental permit submitted by the Permit Holder on 5 March 2007 (Application No. AEP-267/2007) 許可證持有人於2007年3月5日提交的環境許可證申請 (申請書編號：AEP-267/2007) |
29
March 2007
2007年3月29日
|
Date 日期 |
|
(WONG Hon-meng) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任黃漢明代行) |
PART B (DESCRIPTION OF DESIGNATED PROJECT)
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 |
Proposed 132kV Submarine Cable Route for Airport
“A” to Castle Peak Power Station Cable Circuit [This designated project is hereinafter referred
to as “the Project”] 擬敷設132千伏青山發電站至機場 “A” 變電站電纜線路之海底電纜分段 [本指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
A dredging operation which is less than 500 m from the
nearest boundary of an existing bathing beach (Butterfly Beach) at Tuen Mun. 距離現有的屯門泳灘(蝴蝶灣泳灘)的最近界線少於500米的挖泥工程。 |
|
Location
of Designated Project 指定工程項目的地點 |
West of Butterfly Beach,
Tuen Mun. The proposed cable
route starts from Tuen Mun and extends to the Hong Kong International Airport
as shown in Figure 1 attached to this Permit. 屯門蝴蝶灣泳灘的西邊。擬建的電纜自屯門開始鋪設，延伸至香港國際機場，如本許可證圖一所示。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The
dredging operation at the west of Butterfly Beach, Tuen Mun involves the
laying of submarine cable by grab dredging within about 300 m from the
nearest boundary of the Butterfly Beach. 屯門蝴蝶灣泳灘西邊的挖泥工程會採用抓斗式挖泥於最接近泳灘界線大概300米內敷設海底電纜。 |
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 (EIAO) (Cap.
499) and may become the subject of appropriate action being taken under the EIAO.
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) and Dumping at Sea Ordinance (Cap. 466). 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 in 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-295/2006); 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 EIAO 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 EIAO 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 at least 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
cable shall be laid along the alignment as shown in Figure 1 attached to this
Permit.
2.2 To minimise water quality impact to the
Butterfly Beach from dredging operation at the Tuen Mun landing point, no
marine works within 500m of the Butterfly Beach shall be carried out during the
bathing season from April to October inclusive.
2.3 To
minimise water quality impact, closed grab dredger shall be used for grab
dredging.
2.4 To
minimise water quality impact, cage type silt curtain shall be installed around
any grab dredger as shown in Figure 2 attached to this Permit. All silt curtains shall be properly
maintained throughout the entire dredging operation.
2.5 To
minimise water quality impact, cage type silt curtain shall be installed around
the area to be dredged by suction method as shown in Figure 3 attached to this
Permit. All silt curtains shall be
properly maintained throughout the entire dredging operation.
2.6 To
minimise water quality impact, standing type silt curtain shall be installed
around the two airport seawater intakes and at the artificial reef along the
direction facing the cable alignment as shown in Figure 4 attached to this
Permit. All silt curtains shall be
properly maintained throughout the construction of the Project.
2.7 To
minimise water quality impact, only grab dredging shall be allowed at the shore
end of Tuen Mun and the maximum dredging rate shall be no more than 1,500m3
day-1 for working 10 hours per day.
2.8 To
minimise water quality impact, the maximum dredging rates of grab dredging and
suction dredging at the shore end of the Hong Kong International Airport shall
be no more than 650m3 day-1 and 1,600m3 day-1
for working 16 hours per day respectively.
2.9 To
minimise water quality impact during construction of the Project, the maximum
forward speed of the cable laying jetting machine shall be no more than 1km day-1. For any section of the cable alignment
close to the artificial reef (less than 200m) as shown in Figure 1 attached to
this Permit, the maximum speed of the jetting machine shall be no more than 80m
hr-1 and 1km day-1.
2.10 To minimise ecological impact to the Chinese White Dolphin,
no underwater blasting and explosive shall be used for the construction of the
Project.
2.11 To minimise ecological impact to the
Chinese White Dolphin, a dolphin exclusion zone with a radius of 250m from the
cable laying vessel shall be implemented during construction of the Project. Prior to the start of cable laying, an exclusion zone of 250m radius around
the work area shall be scanned for at least 30 minutes. If a dolphin is observed in the exclusion
zone, marine works shall be delayed until the dolphin has left the area. If a dolphin is observed within the
exclusion zone during marine works, the works shall cease until the dolphin has
left the area.
2.12 To
monitor the environmental impact and the recommended mitigation measures, the environmental monitoring and audit (EM&A) programme as set out in
the approved EM&A Manual shall be fully implemented including:
(i)
baseline monitoring on water quality, including
sediment sampling of at least two locations along the jetting corridor;
(ii)
impact monitoring on water quality; and
(iii)
post project monitoring on water quality.
2.13 To
facilitate public inspection of the EM&A Manual, Baseline Monitoring
Report, Weekly Impact Monitoring Reports and Post Project Monitoring Report,
the Permit Holder shall set up a dedicated internet web site and notify the
Director in writing the internet address where the environmental
monitoring data and project information is to be placed before the commencement
of construction of the Project. All environmental monitoring
data described in Condition 2.12 above and in the approved EM&A Manual shall
be made available to the public via the abovementioned dedicated internet web
site in the shortest possible time and in any event no later than one week after
the relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director. The
Permit Holder shall maintain the internet web site for public access of the environmental
monitoring data for 12
months after depositing the final monitoring report with the Director.
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 EIAO, and
the following notes are for general information only.
2. If
there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.
5. Under
Section 14 of the EIAO, 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 EIAO before
the Project could be continued. It
is an offence under Section 26(1) of the EIAO to construct or operate a
designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
Environmental Permit No. EP-267/2007
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