Environmental Permit No. EP-389/2010
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 CHINA MOBILE HONG KONG COMPANY LIMITED (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:
Document in the Register :
1. Project Profile – “Proposed Installation of Integrated Mobile Phone Base Station nearby Fan Lau Country Trail, South Lantau Country Park, Lantau Island” (Register No.: PP-400/2009).
工程項目簡介 - “計劃於大嶼山南大嶼郊野公園分流郊遊徑安裝電訊發射站”
(登記冊編號 : PP-400/2009)
2. The Director’s letter of permission to apply directly for environmental permit dated 10 December 2009 (Ref.: EP2/N9/Q/135).
(檔案編號 : EP2/N9/Q/135)
3. Application for Environmental Permit submitted by the Permit Holder on 7 April 2010 (Application No.: AEP-389/2010).
30 April 2010
(Sam W.H. WONG)
Principal Environmental Protection Officer
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
Proposed Installation of Integrated Mobile Phone Base Station nearby Fan Lau Country Trail, South Lantau Country Park, Lantau Island, N.T.
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Earthworks and building works in the Lantau South Country Park.
Location of Designated Project
Fan Lau, Lantau Island.
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
The Project is to construct and operate an Integrated Mobile Phone Base Station, which comprises an equipment platform with footprint area of about 12m2 for accommodating an equipment shelter and a transmission antenna post with height of about 7m.
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 Country Parks Ordinance (Cap. 208). 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-400/2009) in the Register, 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 deposited 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
2.1 The Project shall only be constructed and operated at the location as indicated in Figure 1 of this Permit.
2.2 No access route or haul road shall be formed for construction of the Project. Construction materials, equipment, wastes, surplus excavated soil and materials alike arising from the Project shall be transported to and away from the Project site manually or by helicopter.
2.3 No tree shall be felled for the Project.
2.4 No construction waste, spoil, excavated materials or materials alike arising from the Project shall be dumped in any environmentally sensitive areas including country park, special area, conservation area, site of special scientific interest, coastal protection area, green belt and beach. All waste, spoil, excavated materials and materials alike arising from the Project shall be properly managed and disposed of.
2.5 The Permit Holder shall, no later than one month before commencement of construction of the Project, deposit with the Director 4 hard copies and 1 soft copy of landscape plans and photomontages showing the visual and landscape mitigation measures for the Project. The landscape plans and photomontages shall show the following measures :
a) Colour Treatment of the Project – The transmission antenna pole, equipment shelter and equipment platform of the Project shall be painted or coated in antique, subdue or harmonious colour to match with the surrounding environment;
b) Screen Planting – Screen plants matching with the surrounding environment shall be provided at or near the Project site to reduce visual impact;
c) Preservation of Natural Rocks and Boulders – Rocks and boulders naturally present outside the Project site shall not be disturbed or removed for construction of the Project; and
d) Reinstatement of Temporary Works Area – All temporarily affected works area of the Project shall be properly reinstated and landscaped with turf and vegetation.
2.6 All visual and landscape mitigation measures described in the submission deposited under Condition 2.5 of this Permit shall be fully and properly implemented. All temporarily affected works areas shall be reinstated within two months after the completion of construction of the Project.
2.7 The Permit Holder shall, within three months after completion of construction of the Project, deposit with the Director 4 hard copies and 1 soft copy of photo records showing the visual and landscape mitigation measures as required under Condition 2.5 and 2.6 of this Permit.
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 shall 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 can 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 shall refer to the EIA Ordinance for details and seek independent legal advice.
Environmental Permit No. EP-389/2010