Environmental Permit No. EP-293/2007
環境許可證編號 EP-293/2007



Section 10










A (許可證主要部分)


Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to the Islands District Office, Home Affairs Department (hereinafter referred to as the “Permit Holder”) to 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:



Application No.




Document in the Register :



(1) Peng Chau Helipad – Environmental Impact Assessment (EIA) Report, Executive Summary and Environmental Monitoring and Audit (EM&A) Manual

(Register No.: AEIAR-087/2005) [Hereinafter referred to as the “EIA Report”]

(1) 坪洲直升機升降坪 環境影響評估報告、環評行政摘要及環境監察及審核計劃

(登記冊編號: AEIAR-087/2005 [下稱「環評報告」]


(2) The Director’s letter of approval of the EIA report dated 25 August 2005 (Reference: (10) in EP2/N9/B/92 III)

(2) 署長於2005825日發出批准環評報告的信件(檔案編號: (10in EP2/N9/B/92 III


(3) Application documents including all attachments submitted by the Permit Holder on 1 November 2007 (Application No. AEP-293/2007)

(3) 申請文件包括許可證持有人於2007111日提交的所有附件(申請書編號:AEP-293/2007







   27 November 2007










(Simon Y M HUI)

Principal Environmental Protection Officer

(Regional Assessment)

for Director of Environmental Protection




B (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”):



Title of Designated Project


Peng Chau Helipad

[The above designated project is hereinafter referred to as “the Project”]





Nature of Designated Project

A helipad within 300m of existing residential development.




Location of Designated Project


Pak Wan, northwest Peng Chau. The location of the Project is shown in Figure 1 attached to this Permit.




Scale and Scope of Designated Project(s)


A helipad used solely for emergency purpose with diameter of 25 metres and an Emergency Vehicular Access of about 150 metres long and 4.5 metres wide.







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) and Civil Aviation Ordinance (Cap. 448).  This Permit does not by 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 or 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 operate the Project in accordance with the project descriptions in Part B of this Permit.


1.5               The Permit Holder shall ensure that the Project is operated in accordance with the information and all recommendations described in the EIA Report (Register No.: AEIAR-087/2005), the application documents including all attachments (Application No. AEP-293/2007), other relevant documents in the Register; 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.


1.6               The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than 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 of the operation.



2.            Measures for the Operation of the Project


2.1.             The Project shall not be operated for purposes other than emergency and associated essential “casevac” training flights.


2.2.             No helicopter used in the Project shall be operated outside the flight envelope as recommended in the EIA Report (Register No. AEIAR-087/2005) and indicated in Figure 2 of this Permit.


2.3.             Only the helicopter “Super Puma AS332 L2” as recommended in the EIA Report (Register No. AEIAR-087/2005) or other quieter helicopter(s) shall be used in 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, 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 Ordinance to the Director for a variation of the conditions of this Permit.


4.         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.


5.         Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, suspend, vary or cancel this Permit.


6.         If this Permit is cancelled or surrendered during the implementation 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 operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.


7.         Any person who 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.



Environmental Permit No. EP-293/2007

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