Environmental Permit No. EP-318/2008
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
第 10 條
ENVIRONMENTAL PERMIT TO CONSTRUCT 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 Leisure and Cultural Services Department (hereinafter referred to as the “Permit Holder”) to construct 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:
Document in the Register:
(1) Project Profile – Construction of Covered Walkway in the Courtyard of the Former Kowloon British School, Tsim Sha Tsui (Register No.: PP-365/2008)
(1) 工程項目簡介 – 尖沙咀前九龍英童學校庭院有蓋行人道修建工程(登記冊檔號: PP-365/2008)
(2) The Director’s letter of permission to apply directly for environmental permit dated 25 September 2008 [Ref.: (22) in EP2/K1/Q/12]
(2) 署長於2008年9月25日 發出批准直接申請環境許可證的信件 [檔案編號 : (22) in EP2/K1/Q/12]
(3) Application for Environmental Permit submitted by the Permit Holder on 30 September 2008 (Application No. AEP-318/2008)
(3) 許可證持有人於2008年 9 月 30 日提交的環境許可證申請（申請書編號：AEP-318/2008）
23 October 2008
(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
Construction of Covered Walkway in the Courtyard of the Former Kowloon British School, Tsim Sha Tsui
[This designated project is hereinafter referred to as “the Project”]
Nature of Designated Project
Earthworks and building works partly or wholly in an existing site of cultural heritage.
Location of Designated Project
Former Kowloon British School, 136 Nathan Road, Tsim Sha Tsui, Kowloon. The location of the Project is shown in Figure 1 attached to this Permit.
九龍尖沙咀彌敦道 136 號前九龍英童學校。工程項目的位置見載於本許可證夾附的圖一。
Scale and Scope of Designated Project(s)
Construction of covered walkway in the courtyard of the Former Kowloon British School. This permit is to control the earthworks and buildings works for the purpose of and in relation to the protection of an existing site of cultural heritage i.e. the Former Kowloon British School.
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) 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 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 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 Project site(s).
1.6 The Permit Holder shall construct 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 and constructed in accordance with the information and recommendations described in the Project Profile (Register No.: PP-365/2008), the information and requirements contained in the Specific Conditions set out 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.
1.8 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.
1.9 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
2.1 No heavy power-operated machinery shall be used during construction of the Project. The construction of the Project shall be restricted to the use of hand-held tools and equipment.
2.2 There shall be no physical impact on the adjoining historic building during construction of the Project other than direct attachment of the covered walkway in the courtyard of the Former Kowloon British School.
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 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 of the Project, another environmental permit must be obtained under the Ordinance before the construction of 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.
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.
Environmental Permit No. EP-318/2008
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