Environmental Permit No. EP-296/2007
環境許可證編號EP-296/2007
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
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 Architectural
Services Department (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建築署
(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-296/2007 |
|
Documents in the
Register: 登記冊上的文件： |
(1) Proposed Joint User Complex and Wholesale Fish Market at
Area 44, Tuen Mun: Environmental Impact Assessment (EIA) Report,
Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.: AEIAR-070/2003) [Hereinafter referred to as the “EIA Report”] (1) 擬建之屯門44區綜合社區設施及魚類批發市場：環境影響評估報告、環境監察及審核手冊及行政摘要 (登記冊編號：AEIAR-070/2003) [下稱 “環評報告”] (2) The Director’s letter of approval
of the EIA Report dated 14 March 2003 (Reference: (9) in Ax(1) to EP2/N4/N/14 X) (2)
署長於2003年3月14日發出批准環評報告的信件 (檔案編號：(9) in Ax(1) to EP2/N4/N/14 X) |
|
Documents in the
Register: 登記冊上的文件： |
(3) Application for Environmental
Permit submitted on 14 November 2007 (Application No. AEP-296/2007) (3) 於2007年11月14日提交的環境許可證申請 (申請書編號：AEP-296/2007) |
December 2007
2007年12月 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 (DESCRIPTIONS 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:
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title of Designated Project 指定工程項目的名稱 |
Proposed Joint User Complex and Wholesale Fish Market at
Area 44, Tuen Mun [This designated project is
hereinafter referred to as “the Project”] 擬建之屯門第44區綜合社區設施及魚類批發市場 [本指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
Construction and operation of a wholesale
fish market. 建造及營辦魚類批發市場。 |
|
Location of Designated Project 指定工程項目的地點 |
Tuen Mun Area 44.
The location of the Project is shown in Figure 1 attached to this
Permit. 屯門第44區。工程項目的位置載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Construction and operation of a wholesale fish market with gross floor
area of approximately 4,700 m2. 建造及營辦一個建築樓面面積約4,700平方米的魚類批發市場。 |
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) and Waste Disposal Ordinance (Cap. 354). 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 Project 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 EIA Report (Register No.: AEIAR-070/2003), the Application for
Environmental Permit (Application No. AEP-296/2007), 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). All submissions or any
variation of the submissions shall be certified by the Environmental Team
Leader and verified by the Independent Environmental Checker referred to in
Conditions 2.1 and 2.2 below before submitting to the Director under the
Permit.
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,
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.
1.14 The Permit Holder shall
notify the Director in writing the commencement date of operation of the
Project at least two weeks before 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. Submissions
and Measures before Commencement of Construction of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
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
not be in any way an associated body of the Contractor or the Independent
Environmental Checker (IEC) for the Project. The ET shall be headed by an ET
Leader. The ET Leader shall be a person who has at least 7 years of experience
in environmental monitoring and audit (EM&A) or environmental management.
The ET and 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 (Register No.: AEIAR-070/2003) or
this Permit. The ET Leader shall notify the IEC within one working day of the
occurrence of any such instance or circumstance or change of circumstances. The
ET Leader’s log-book shall be kept readily available for inspection by all
persons assisting in supervision of the implementation of the recommendations
of the EIA Report (Register No.: AEIAR-070/2003) 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.
2.2 An
IEC shall be employed by the Permit Holder no later than one month before the commencement
of construction of the Project. The IEC shall not be in any way an associated
body of the Contractor or the ET for the Project. The IEC shall be a person who
has at least 7 years of experience in EM&A or environmental management. The
IEC shall be responsible for the duties defined in the EM&A Manual and
shall audit the overall EM&A programme, 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 one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the EIA Report (Register No.: AEIAR-070/2003)
and this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project. In the case 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.
Set up of an Environmental Committee for the
Construction Phase
2.3 To
monitor environmental impacts of the construction of the Wholesale Fish Market,
the Permit
Holder shall set up an Environmental Committee (EC) including representatives
from the nearby residents before the commencement of construction of the
Project to closely supervise the construction of the Wholesale Fish
Market. The EC shall advise on and
monitor the proper design and construction of the Wholesale Fish Market
according to the EIA Report (Register No.: AEIAR-070/2003) and
this Permit, and
to follow-up on environmental complaints about the construction of the
Wholesale Fish Market.
2.4 The
Permit Holder shall place all minutes of meeting, the relevant documents and
the associated papers of the EC on the dedicated website set up by the Permit
Holder under Condition 6.2, within one month of the day of the meeting.
Management Organization of Main
Construction Companies
2.5 The Permit Holder shall, before
the commencement of construction of the Project, inform
the Director in writing the management organization of the main construction
companies and/or any form of joint ventures associated with the construction of
the Project. The submitted information shall include at least an
organization chart, names of responsible persons and their contact details.
3. Measures for the Construction of the
Project
Design of the Wholesale Fish Market
3.1 To
minimise noise and odour impacts, the building of the Wholesale Fish Market
shall be a fully-enclosed design with openings only along the waterfront to
allow for loading of fish stocks from marine vessels and associated activities.
3.2 To
minimise noise and odour impacts, the external wall of the Wholesale Fish
Market along
3.3 To
minimise noise and air quality impacts, a minimum of 40 lorry parking spaces
shall be provided inside the Wholesale Fish Market with access from the
northern side of the building to allow for parking, loading and unloading
activities to take place inside the building of the Wholesale Fish Market as
shown in Figure 2.
3.4 To
minimise road traffic noise impact, the junction at
3.5 To
minimise noise impact, the Wholesale Fish Market building shall be constructed
with a noise canopy of at least 5 m wide and 90 m long projected from the façade
of the Wholesale Fish Market along the waterfront to screen off the noise
emitted from loading and unloading activities and berthed vessels as shown in
Figure 2.
3.6 To
minimise noise impact, acoustic louvers and silencers with a minimum insertion
loss of 15dB(A) shall be installed at plantroom ventilation openings and
mechanical ventilation systems respectively.
3.7 To
minimise odour impact, an induced draft ventilation system with extraction
points located at the fish handling areas and lorry parking area shall be
installed. The exhausts of the
ventilation system shall be vented from the waterfront side of the building of
the Wholesale Fish Market as shown in Figure
4. The induced draft ventilation system
shall be operated at a rate of no less than 10 air changes per hour throughout
the peak operating hours of the Wholesale Fish Market from 3:00 am to 6:30 am.
3.8 To
minimise odour impact, a de-odorised scrubber system or equivalent de-odorising
system shall be installed for the Wholesale Fish Market on mezzanine floor as
shown in Figure 4 to remove odour prior to discharging outside the
Wholesale Fish Market.
3.9 To
minimise odour impact, fresh air intakes of the mechanical ventilation system
provided to the community hall shall be located at level above 15mPD and fitted
with odour removal systems such as carbon filters to remove odour.
3.10 To
minimise odour impact, building materials used associated with the operation of
the Wholesale Fish Market shall be impervious, durable and easy to clean to
avoid build-up of odour from organic material carried in washing water.
Measures
to Mitigate Environmental Impacts during Construction
3.11 To
minimise air quality impact, solid hoarding of at least 2.4 m high shall be
erected along the site boundary, except at the site entrance and exit, during
construction of the Project.
3.12 To
minimise air quality impact, any stockpile of dusty materials shall be covered
entirely by impervious sheeting; placed in an area sheltered on the top and the
three sides; or sprayed with water or a dust suppression chemical so as to
maintain the entire surface wet.
3.13 To
minimise air quality impact, vehicle washing facilities including a high
pressure water jet shall be provided at vehicle exit points and vehicles
immediately before leaving the construction site shall be washed to remove any
dust material from their wheels and bodies.
3.14 To
minimise noise impact, no percussive piling shall be used for the construction
of the Project.
3.15 To
minimise noise impact, silencers or mufflers on construction equipment shall be
utilised and shall be properly maintained during construction of the Project.
3.16 To
minimise water quality impact, surface run-off from the construction site shall be
directed to silt traps or sedimentation basins before reuse or discharge with the
help of channels, earth bunds or sand bag barriers for removal of suspended
solids prior to discharging into stormwater drainage system. No discharge of surface runoff into foul
sewers shall be allowed.
3.17 To
minimise air and water quality impacts, main haul roads, vehicle washing areas
and the sections of roads between the washing facilities and the vehicle exit
points shall be paved with concrete, bituminous materials, hardcore or metal
plates.
4. Submissions
and Measures for the Operation of the Project
Set up of an Environmental Management Committee for
the Operational Phase
4.1 To
monitor environmental impacts of the operation of the Wholesale Fish Market, the Permit Holder shall set
up an Environmental Management Committee (EMC) including representatives from
the market management, market users and the nearby residents before the
commencement of operation of the Project to closely supervise the operation of
the Wholesale Fish Market. The EMC
shall advise on and monitor the effectiveness of the proposed mitigation
measures and the environmental performance of the Wholesale Fish Market
according to the EIA Report (Register No.: AEIAR-070/2003) and
this Permit, and to follow-up on environmental complaints about the operation
of the Wholesale Fish Market.
4.2 The
Permit Holder shall place all minutes of meeting, the relevant documents and
the associated papers of the EMC on the dedicated website set up by the Permit
Holder under Condition 6.2, within one month of the day of the meeting.
Submission on Routing Arrangement of
Marine Vessels
4.3 To
further minimise and monitor noise impact during operational stage, a routing
arrangement of marine vessels associated with the operation of the Wholesale
Fish Market shall be submitted to and approved by the Director before the commencement of operation of the Wholesale Fish
Market. All recommendations of the
approved submission shall be followed and implemented.
Maintenance of the Design of the Wholesale Fish
Market
4.4 To
minimise the environmental impacts, the design of the Wholesale Fish Market
specified in Conditions 3.1 to 3.10 shall be properly implemented and
maintained throughout the operation of the Project:
(i)
the building of the Wholesale Fish Market shall be fully-enclosed with
openings only along the waterfront to allow for loading of fish stocks from
marine vessels.
(ii)
the external wall of the Wholesale Fish Market along
(iii)
a minimum of 40 lorry parking spaces shall be provided inside the
Wholesale Fish Market with access from the northern side of the building to
allow for parking, loading and unloading activities to take place inside the
building of the Wholesale Fish Market as shown in Figure
2.
(iv)
the junction at
(v)
the Wholesale Fish Market building shall be constructed with a noise canopy
of at least 5 m wide and 90 m long projected from the façade of the Wholesale
Fish Market along the waterfront to provide screening for the noise emitted
from loading and unloading activities and berthed vessels as shown in Figure
2.
(vi)
acoustic louvers and silencers with a minimum
insertion loss of 15dB(A) shall be installed at plantroom ventilation openings
and mechanical ventilation systems respectively.
(vii)
an induced draft ventilation system with extraction points located at the
fish handling areas and lorry parking area shall be installed. The exhausts of the ventilation system
shall be vented from the waterfront side of the building of the Wholesale Fish
Market as shown in Figure 4. The
induced draft ventilation system shall be operated at a rate of no less than 10
air changes per hour throughout the peak operating hours of the Wholesale Fish
Market from 3:00 am to 6:30 am.
(viii)
a de-odorised scrubber system or equivalent de-odorising system shall be
installed for the Wholesale Fish Market on mezzanine floor as shown in Figure 4
to remove odour prior to discharge outside the Wholesale Fish Market.
(ix)
fresh air intakes of the mechanical ventilation system provided to the
community hall shall be located at level above 15mPD and fitted with odour
removal systems such as carbon filters to remove odour.
(x)
construction materials for the Wholesale Fish Market shall be impervious,
durable and easy to clean to avoid build-up of odour from organic material
carried in washing water.
Measures
to Mitigate Environmental Impacts during Operation
4.5 To
minimise marine traffic noise impact, the Permit Holder shall require marine
vessels associated with the operation of the Wholesale Fish Market to use the
eastern entrance of the Tuen Mun Typhoon Shelter when they approach and leave
the Wholesale Fish Market.
4.6 To
minimise marine traffic noise impact, no more than nine fishing vessels and two
sampans shall be allowed to approach and leave the Wholesale Fish Market per
hour.
4.7 To
minimise noise impact, no loudhailer shall be used by fish traders and market
users within the Wholesale Fish Market.
4.8 To
minimise noise impact, the Permit Holder shall require marine vessels visiting
the Wholesale Fish Market not to use any loudhailer and horn, except under
emergency.
4.9 To
minimise road traffic noise and air quality impacts, vehicles/lorries associated
with the operation of the Wholesale Fish Market shall only be parked inside the
carpark of the Wholesale Fish Market with access from the northern side of the building as
shown in Figure 2. The Permit
Holder shall ensure no on-street parking and on-street loading and unloading
activities associated with the operation of the Wholesale Fish Market.
4.10 To
minimise road traffic noise impact, no traffic shall be allowed to enter and
leave the Wholesale Fish Market from the south of
4.11 To
minimise odour impact, the fish market areas shall be cleaned at least
daily. Organic waste from the
Wholesale Fish Market shall be sealed in collection bags or containers for
daily disposal out of the Wholesale Fish Market.
5. Environmental
Monitoring and Audit (EM&A) Requirements
5.1 The
EM&A programme shall be implemented in accordance with the procedures and
requirements as set out in the EM&A Manual. Any changes to the EM&A programme
shall be justified by the ET Leader and verified by the IEC as conforming to
the requirements set out in the EM&A Manual before submission to the
Director for approval.
5.2 Samples, surveys,
measurements and necessary remedial actions shall be taken in accordance with
the EM&A Manual by:
(i) conducting
baseline environmental monitoring on air quality and noise for the construction
of the Project;
(ii) conducting
impact monitoring on air quality and noise for the construction of the Project;
(iii) conducting
odour, operational noise and marine traffic noise monitoring at least during
the peak operating hours from 3:00 am to 6:30 am at a frequency of no less than
once a week throughout the first 12 months of the operation of the Wholesale
Fish Market;
(iv) carrying
out remedial actions described in the Event/Action Plans of the EM&A Manual
fully and properly in accordance with the time frames set out in the
Event/Action Plans, or as agreed by the Director; and
(v) logging
and keeping records of details of (i) to (iv) above for all parameters within 3
working days of the collection of data or completion of remedial action(s), for
the purpose of preparing and submitting the monthly EM&A reports and to
make available the information for inspection on site.
5.3 Four
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least two weeks before the commencement of
construction of the Project. The
submission shall be certified by the ET leader and verified by the IEC before
submission to the Director. Additional
copies of the submission shall be provided upon request by the Director.
5.4 Four hard copies and
one electronic copy of the monthly EM&A Report shall be submitted to the
Director within two weeks after the end of the reporting month. The EM&A Reports shall include a
summary of all non-compliances (exceedances) of the environmental quality
performance limits (Action and Limit Levels). The submission shall be certified
by the ET leader and verified by the IEC before submission to the Director. Additional copies of the submission shall
be provided upon request by the Director.
5.5 All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
5.6 To
ensure high degree of transparency regarding the monitoring data and results of
the Project, all environmental monitoring and audit data and results and all
submissions and all performance test data and results required by this Permit
shall be made available by the Permit Holder to the public through a dedicated
web site to be set up by the Permit Holder under Condition 6.2 below, in the
shortest practicable time and in no event later than two weeks after such
information is available.
Visual Monitoring by Web Cameras
5.7 Within
three months of the commencement of construction of the Wholesale Fish Market,
the Permit Holder shall install and thereafter maintain a system of web cameras
covering the construction works areas at the Project site. The system shall provide real time visual
monitoring of the site condition during construction and shall be accessible by
public through the dedicated web site set up by the Permit Holder under
Condition 6.2 below.
5.8 Before
the commencement of operation of the Wholesale Fish Market, the Permit Holder
shall install and thereafter maintain a system of web cameras covering the
Project site for the first 12 months of the operation of the
Wholesale Fish Market. The system shall provide real time visual monitoring of the site condition
covering at least the peak operating hours of the Wholesale Fish Market from
3:00 am to 6:30 am each day and shall be accessible by public through the
dedicated web site set up by the Permit Holder under Condition 6.2 below. The Permit Holder shall review and
consult the Environmental Management Committee before seeking the agreement
from the Director on the need to continue to maintain the system of web cameras
covering the Project site after the first 12 months of the operation of the
Project.
6. Electronic
Reporting of EM&A Information
6.1 To
facilitate public inspection of the Baseline Monitoring Report and the 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 Conditions 5.3 and 5.4 of this
Permit. For the HTML version, a
content page capable of providing hyperlink to each section and sub-section of
these Reports shall be included in the beginning of the document. Hyperlinks to
all figures, drawings and tables in these Reports shall be provided in the main
text from 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 must be the
same as the hard copies.
6.2 The
Permit Holder shall set up a dedicated website and notify the Director in
writing the Internet address where the environmental monitoring and project
data is to be placed, within six weeks after the commencement of construction
of the Project. All environmental monitoring data described in Condition 6.1
above shall be made available to the public via a dedicated website to be set
up by the Permit Holder 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.
6.3 The
Internet website as described in Condition 6.2 above shall enable user-friendly
public access to the monitoring and project data including the EIA Report and
the environmental permit(s) and the project profile of the Project. The
Internet website shall have features capable of:
(i)
providing
access to all environmental monitoring data collected since the commencement of
works and all submissions under this Permit;
(ii)
searching by date;
(iii)
searching by types of monitoring data; and
(iv)
hyperlinks to relevant monitoring data after
searching;
or otherwise as agreed by 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 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 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 operate a designated project listed
in Part I of Schedule 2 of the EIAO 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 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-296/2007