Environmental Permit No. EP-286/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to Heli Express 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Heli Express Limited（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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據:
Document in the Register :
(1) Expansion of Heliport Facilities at Macau Ferry Terminal: Environmental Impact Assessment (EIA) Report, Executive Summary and Environmental Monitoring & Audit (EM&A) Manual (Register No.: AEIAR-095/2006) [Hereinafter referred to as the “EIA Report”]
(1) 港澳碼頭直升機場設施擴建環境影響評估研究: 環境影響評估報告,行政摘要及環境監察及審核手冊 (登記冊編號: AEIAR-095/2006) [下稱「環評報告」]
(2) The Director’s letter of approval of the EIA report with Conditions dated 8 February 2006 (Reference: (2) in EP2/H3/B/165 Pt.4)
(2) 署長於2006年2月8日發出批准環評報告的信件（檔案編號: (2) in EP2 / H3 /B/165 Pt.4）
(3) Application for Environmental Permit submitted by the Permit Holder on 3 September 2007 (Application No. AEP-286/2007)
27 September 2007
(Mr. David COX)
Acting Principal Environmental Protection Officer
for the Director of Environmental Protection
(署理首席環境保護主任 覺碩 代行)
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 Projects
Expansion of Heliport Facilities at Macau Ferry Terminal
[The above designated projects are hereinafter referred to as “the Project”]
A helipad within 300 m of existing or planned residential development.
在現有的或計劃中的住宅發展 300米 內的直升機升降場。
Location of Designated Projects
Macau Ferry Terminal, Sheung Wan, Hong Kong Island. The location of the Project is shown on Figure 1 attached to this Permit.
Scale and Scope of Designated Project(s)
(a) Construction and operation of a new elevated landing/take-off helipad of size of about 42m x 42m to the east of the existing helipad, and other related works;
(a) 於現有升降坪東面建造及營辦一個新的高架直升機升降坪，其面積最大約為 42米 x 42米, 及其他相關設施。
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 the Civil Aviation Ordinance (Cap. 448), Civil Aviation (Aircraft Noise) Ordinance (Cap. 312), 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.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or 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 and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site refers to the site of the Project and should mean the same hereinafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the site 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 site.
1.6 The Permit Holder shall construct and operate the Project as described in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed and implemented in accordance with the information and recommendations described in the EIA Report and Approval Conditions (Register No. AEIAR-095/2006); the Application for Environmental Permit (Application No. AEP-286/2007) received on 3 September 2007, other relevant documents in the Register; and the information or mitigation measures described in this Permit, or 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, or 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 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. All submissions or any variations of the submissions made after the establishment of an Environmental Team (ET) and employment of an Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below shall be certified by the ET Leader and verified by the IEC before submitting to the Director under this Permit.
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 The Permit Holder shall notify the Director in writing the date of commencement of construction of the Project at least one month 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. The Permit Holder shall notify the Director in writing the date of completion of construction of the Project within one month of the completion of construction of the Project.
1.12 The Permit Holder shall notify the Director in writing the date of commencement of operation of the Project at least one month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date.
1.13 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.
1.14 For the purpose of this Permit, “commencement of construction of the Project” does not include works related to site clearance and preparation or other works as agreed by the Director.
2. Special Conditions
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 be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years' experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the duties defined in the EM&A Manual of the EIA Report. 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. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the EIA Report recommendations 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. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.
2.2 An Independent Checker (Environment) or Independent Environmental Checker ( IC(E) or IEC ), hereinafter referred to as the IEC, shall be employed by the Permit Holder no later than one month before the commencement of construction of the Project. The IEC shall be a person who has at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management. The IEC shall be responsible for the duties defined in the EM&A Manual of the EIA Report, and shall audit the overall EM&A programme described in the EIA Report, 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 24 hours of each and every occurrence, change of circumstances or non-compliance with the EIA Report or this Permit, which might affect the monitoring or control of adverse environmental impact. 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. The IEC shall not be in any way an associated body of the Contractor or the Environmental Team for the Project.
2.3 The Permit Holder shall, within one month after the commencement of construction of the Project, inform the Director in writing of the management organization of the main companies and/or any form of joint ventures associated with the carrying out of the Project. The submitted information shall include at least an organization chart, names of responsible persons including the ET Leader and the IEC, and their contact details.
Submission prior to Commencement of Construction of the Project
2.4 To ensure attainment and maintenance of an acceptable environmental quality, the Permit Holder shall, no later than one month before the commencement of construction of the Project, submit to the Director for approval, a document containing documentary proof and/or an implementation plan to demonstrate how and when all the Conditions for Approval for the EIA Report (Register No.: AEIAR-095/2006) will be fully complied with. The Conditions for Approval for the EIA Report are reproduced here :
“1. No helicopter operation within the heliport shall be allowed between 11:00pm and 8:00am (the next day) inclusive.
2. The flight path to be shifted further north of the coast of Hong Kong Island as shown in Plan 1 (attached) shall be adopted by helicopters when approaching or departing the heliport.
3. Helicopter type(s) less noisy than S76C+ helicopter type shall be employed at the heliport either:
a. immediately when the new heliport commences operation; or
b. to phase out the use of S76C+ helicopter type in 5 years’ time after the new heliport commences operation; or
c. the Civil Aviation Department to work out a practicable 5-year plan to adopt less noisy helicopter type.
4. During the evening period between 7:00pm to 11:00pm, in order to reduce helicopter noise to the best practicable level, the scheduling of helicopter movements shall be
subject to the following:
a. the total number of helicopter movements operating from the new and existing heliports shall not exceed 34;
b. the total number of helicopter movements operating from the new heliport shall not exceed 22;
c. when the total number of helicopter movements operating from the new and existing heliports for the same evening is 22 or less, all these movements shall only be allowed to arrive or depart via the new heliport so as to maximize the better noise shielding effect of the new heliport over the existing one; and
d. when the total number of evening helicopter movements operating within the new and existing heliports for the same evening exceeds 22, 22 number of the these movements shall arrive or depart via the new heliport, especially if S76C+ helicopter type is still in use.
5. When less noisy helicopter type(s) are available for use at the heliport following from the above Condition No. 3.:
a. the use of the less noisy helicopters for the evening period shall be maximized to reduce the evening helicopter noise impacts; and
b. if some more noisy helicopters are still needed to be used at the heliport, priority shall be given to the more noisy helicopters to use the new heliport to take advantage of the better shielding effect of the new heliport over the existing one so as to reduce the evening helicopter noise impacts.”
Mitigation Measures during Construction Stage
2.5 No dredging and/or marine piling shall be carried out for the construction of the Project.
3. Environmental Monitoring and Audit (EM&A) for the Project
3.1 The EM&A programme shall be implemented as set out in the EM&A Manual of the EIA Report. Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be submitted to the Director for approval.
3.2 A complaint investigation procedure shall be set up at least two weeks before the commencement of construction of the Project. The complaint investigation procedure shall follow the requirements set out in the EM&A programme. The Permit Holder shall set up and operate a Community Liaison Office throughout the construction of the Project to receive and respond to complaints or enquires on environmental nuisances or pollution caused by the Project and to implement remedial mitigation measures
3.3 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
3.4 Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within two weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.
3.5 The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the Event/Action Plan, or as agreed by the Director.
Operational Stage Helicopter Noise Monitoring
3.6 As part of the EM&A programme, operational stage noise monitoring of helicopter shall be carried out for 6 years as specified in the EM&A Manual of the EIA Report and at the frequency listed below:
(a) first year of operation – monthly monitoring;
(b) second to fifth year of operation – quarterly monitoring;
(c) sixth year – half-yearly monitoring
3.7 The monitoring frequency shall be reviewed in light of the monitoring data or in case of any change in helicopter type and flight frequency. All monitoring data shall be reported and uploaded to the internet website referred to in Condition 4.3 below.
4. Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of 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 hard copies as described in Condition 3.4 of this Permit. For the HTML version, a content page capable of providing hyperlinks to each section and sub-section of these Reports shall be included at the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports shall be the same as the hard copies.
4.2 All environmental monitoring data described in Condition 4.1 above shall be made available to the public via internet access in the shortest possible time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.
4.3 The Permit Holder shall notify the Director in writing, within six weeks after the commencement of the Project, the internet address where the environmental monitoring data are to be placed. The internet address and the relevant environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.
4.4 The internet website as described in Condition 4.3 above shall enable user-friendly public access to the monitoring data with features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of the Project;
(b) searching by date;
(c) searching by types of monitoring data; and
(d) hyperlinking 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. 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 Project site by the amended permit.
3. 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.
4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.
5. If this Permit is cancelled or surrendered during 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 Part I of Schedule 2 of the Ordinance without a valid environmental permit.
6. Any person who carries out 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.
7. 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.
8. 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.
9. Civil aviation issues are governed by the Civil Aviation Ordinance (Cap. 448) and Civil Aviation (Aircraft Noise) Ordinance (Cap. 312). The Permit Holder is advised to contact the Civil Aviation Department for requirements relating to civil aviation issues.
Environmental Permit No. EP-286/2007
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