Environmental Permit No. EP-294/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
第 10 條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to Videsh Sanchar Nigam Limited (VSNL) (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Videsh Sanchar Nigam Limited (VSNL)（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) Project Profile – VSNL Intra Asia Submarine Cable System – Deep Water Bay [Register No.: PP-324/2007]
工程項目簡介 – VSNL亞洲區內海底通訊電纜 - 深水灣段 [登記冊編號:PP-324/2007]
(2) The Director’s letter of permission to apply directly for environmental permit dated 5 October 2007 [Ref.: (26) in EP2/H17/C/05]
署長於2007年10月5日 發出批准直接申請環境許可證的信件 [檔案編號 : (26) in EP2/H17/C/05]
(3) Application for Environmental Permit submitted by the Permit Holder on 6 November 2007 [Application No. AEP-294/2007]
許可證持有人 於2007年11月6日提交的環境許可證申請 [申請書編號: AEP-294/2007]
23 November 2007
(Mrs. Shirley LEE)
Principal Environmental Protection Officer
for Director of Environmental Protection
(首席環境保護主任 李韓琇玲女士代 行)
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
VSNL Intra Asia Submarine Cable System – Deep Water Bay
[This designated project is hereinafter referred to as “the Project”].
VSNL亞洲區內海底通訊電纜 - 深水灣段
of Designated Project
A dredging operation which is less than 500 meters from the nearest boundary of Deep Water Bay bathing beach and coastal protection area.
Location of Designated Project
The proposed submarine telecommunications cable starts from the landing site located at an existing manhole near Deep Water Bay bathing beach and extends to the edge of Hong Kong Special Administrative Region waters (the proposed cable route and the location of landing site for this Project are as shown in Figure 1 and Figure 2 attached to this Permit).
Scale and Scope of Designated Project(s)
The dredging operation involves the laying of an approximately 40km submarine telecommunications cable by the jet plough method within 500 meters from the nearest boundary of Deep Water Bay bathing beach and coastal protection area.
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), Dumping at Sea Ordinance (Cap. 466) and Foreshore and Seabed (Reclamations) Ordinance (Cap.127). 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 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 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 construction site(s) at all vehicular site entrances/exits or at a convenient location for public 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 construction site(s).
1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions 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-324/2007) and other relevant documents in the Register, the information or 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 specified by the Director.
1.9 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 place, 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 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 before 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. Special Conditions
2.1 The submarine cable shall be laid along the alignment as delineated in Figure 1 attached to this Permit. The Permit Holder shall obtain prior approval from the Director of any changes in the Project details, including cable alignment, burial depth, trench width and installation methods as shown in Figure 1 attached to this Permit and as described in the Project Profile (Register No.: PP-324/2007).
2.2 The Permit Holder shall, no later than four weeks after completion of construction of the Project, deposit with the Director three sets of as-built plan(s) in the scale of 1:50,000 or other appropriate scale showing the alignment of the submarine cable with coordinates.
2.3 To minimize water quality impact on the Deep Water Bay bathing beach, no marine work shall be carried out within 200m from the nearest boundary of the beach during the bathing season from 1st April to 30th October inclusive. The boundary of the beach is as shown in Figure 2 attached to this Permit.
2.4 To minimize water quality impact due to the marine works, the submarine cable laying works shall be carried by diver(s) for the initial segment that extends for about 300m seaward from the low water mark of the Deep Water Bay bathing beach. Beyond this initial segment, the submarine cable shall be laid by a jetting machine with a maximum forward speed of no more than 1km per hour.
3. Environmental Monitoring and Audit (EM&A) Requirements
3.1 The Permit Holder shall, no later than four weeks before the commencement of construction, deposit with the Director five hard copies and one electronic copy of an EM&A Manual for the construction of the Project. The EM&A Manual shall list out the EM&A programme including, at least, the following:
(i) requirements on water quality monitoring with details on methodology, location(s), frequency and duration for baseline, impact and post project monitoring;
(ii) the environmental quality performance limits (Action and Limit Levels);
(iii) Event and Action Plans;
(iv) compliance audit procedures of mitigation measures as recommended in the Project Profile No. PP-324/2007; and
(v) procedures and flow charts for handling complaints or enquires on environmental nuisances or pollution caused by the Project.
3.2 To monitor the environmental impact and audit the recommended mitigation measures, the Permit Holder shall:
(i) implement the EM&A programme of the Project in accordance with the procedures and requirements set out in the EM&A Manual as submitted under Condition 3.1 above; and
(ii) submit to the Director five hard copies and one electronic copy of:
(a) Baseline Monitoring Report no later than two weeks before the commencement of marine works;
(b) Weekly Impact Monitoring Report within three days after the relevant monitoring data are collected or become available; and
(c) Post Project Monitoring Report within one week after completion of the marine works.
3.3 All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct.
3.4 To facilitate public inspection of the EM&A Manual, Baseline Monitoring Report, Weekly Impact Monitoring Report and Post Project Monitoring Report, the Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed before the commencement of construction of the Project. All environmental monitoring data and reports as described in Conditions 3.1 and 3.2 above shall be made available to the public via this dedicated web site in the shortest possible time and in any event no later than one week after the relevant environmental data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports for three months after depositing the Post Project Monitoring Report under Condition 3.2(ii)(c) above, or otherwise specified 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. 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. The Permit Holder shall replace the original permit displayed on the construction site by the amended 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. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the construction or operation of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of 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.