Environmental Permit No. EP-298/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the REACH NETWORKS HONG KONG LTD. (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REACH NETWORKS HONG KONG LTD. (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：
Document in the Register :
Project Profile –
“Asia-America Gateway (AAG) Cable Network,
(Register No.: PP-331/2007)
工程項目簡介 - “南大嶼山亞美海底光纜系統”
(登記冊編號 : PP-331/2007)
2. The Director’s letter of permission to apply directly for environmental permit dated 14 November 2007 (Ref.: EP2/N9/C/124)
(檔案編號 : EP2/N9/C/124)
Document in the Register :
3. Application for Environmental Permit submitted by the Permit Holder on 3 December 2007 (Application No.: AEP-298/2007)
許可證持有人於2007年 12 月 3 日提交的環境許可證申請文件（申請書編號：AEP-298/2007）
20 December 2007
(Terence S W TSANG)
Atg. Principal Environmental Protection Officer (Regional Assessment)
for Director of Environmental Protection
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
(AAG) Cable Network,
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
A dredging operation which is less than 500 meters from the nearest boundary of the Tong Fuk bathing beach and a coastal protection area.
Location of Designated Project
Scale and Scope of Designated Project
The Project is to construct and operate an optical fibre telecommunication cable network which mainly comprises laying of two submarine cables, each with about 10km in length, by the injection jetting technique.
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 Dumping at Sea Ordinance (Cap. 466). This Permit does not of itself constitute any ground of defense 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 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(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 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 recommendations described in the Project Profile (Register No. PP-331/2007) and other relevant documents in the Register, the information and mitigation measures described 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 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 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 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.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one week 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
2.2 No works within 500m from the nearest boundary of the
2.3 Only injection jetting technique as described in the Project Profile (Register No.: PP-331/2007) shall be used for the laying of the submarine cables. Laying of submarine cables within 400m from the shore shall be carried out by divers using jet probes. For laying of cables beyond 400m from the shore, the traveling speed of the jetting machine shall not be faster than 300m per hour.
2.4 Near-shore baseline coral surveys by divers shall be carried out along the first 500m of the cable alignment of the Route S1 as indicated in Figure 1 of this Permit prior to the near-shore cable installation. Marine ecologists shall be engaged in the coral surveys to make recommendations, including cable re-alignment to avoid encroachment and direct impacts on coral colonies and if necessary, mitigation measures to avoid or minimize any adverse impacts identified.
2.5 The Permit Holder shall, no later than four weeks before the commencement of construction, deposit with the Director four hard copies and one electronic copy of an EM&A Manual for the construction of the Project. The EM&A Manual shall include the following EM&A programme :
(i) water quality monitoring with details on methodology, locations, frequency and duration for baseline, impact and post-construction monitoring, and water quality performance limits (Action and Limit Levels);
(ii) marine ecological monitoring with details on dive surveys on corals and visual inspections of marine mammal species of Chinese White Dolphin and Finless Porpoise, and recommendations to protect the corals and marine mammals;
(iii) Event and Action Plans;
(iv) compliance audit procedures of mitigation measures as recommended in the Project Profile No. PP-331/2007; and
(v) procedures and flow charts for handling complaints or enquires on environmental nuisances or pollution caused by the Project.
2.6 The EM&A programme shall be implemented in accordance with the procedures and requirements set out in the EM&A Manual deposited under Condition 2.7 of this Permit and shall include :
(i) baseline water quality monitoring and coral surveys;
(ii) water quality impact monitoring and visual inspections of marine mammals; and
(iii) post-construction water quality monitoring and if necessary post-construction coral surveys.
2.7 All environmental monitoring and audit results and reports and all submissions required by this Permit shall be made available to the public through a dedicated web site to be set up by the Permit Holder in the shortest practicable time and in no event 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 set up the dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within two weeks after the commencement of construction of the Project. The Permit Holder shall maintain the dedicated website throughout the entire construction stage and during the first three operating months of the Project to facilitate public access to environmental monitoring data.
2.8 All cables shall be buried underground or below seabed. No covering materials of the submarine cables shall protrude above seabed level. The Permit Holder shall, no later than four weeks after completion of construction of the Project, deposit with the Director three hard copies and one electronic copy of as-built drawing(s) in the scale of 1:50,000 or other appropriate scale showing the construction details, the locations of the cable landing points and the alignments of the submarine cables with coordinates.
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 Environmental Impact Assessment Ordinance (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.
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 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 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 Ordinance before 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 Schedule 2 of the Ordinance 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 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-298/2007