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 Civil Engineering and Development Department (CEDD) (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 – “Sediment Removal at Yim Tin Tsai, Yim Tin Tsai (East) Fish Culture Zone and Shuen Wan Typhoon Shelter” (Register No.: PP-401/2009).
工程項目簡介 – “清除鹽田仔鹽田仔(東部)魚類養殖區沉積物及船灣避風塘疏浚工程” (登記冊編號 : PP-401/2009)。
2. The Director’s letter of permission to apply directly for environmental permit dated 28 December 2009 (Ref.: (23) in EP2/N5/C/55).
(檔案編號 : (23) in EP2/N5/C/55)
3. Application for Environmental Permit submitted by the Permit Holder on 1 August 2011 (Application No.: AEP-419/2011).
(Maurice K. L. YEUNG)
Principal Environmental Protection Officer
(Assessment and Noise)
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
Sediment Removal at Yim Tin Tsai (East) Fish Culture Zone
(This designated project is hereafter referred to as “the Project”).
Nature of Designated Project
A dredging operation within a Fish Culture Zone and relocation of existing fish rafts and setting up of temporary sites for the relocated fish rafts.
Location of Designated Project
The Project site is the Yim Tin Tsai (East) Fish Culture Zone in Tolo Harbour as shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
The Project is
to remove seabed sediments at the Yim Tin Tsai (East) Fish Culture Zone for a
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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap. 466). 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’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 all recommendations described in the Project Profile (Register No. PP-401/2009); the application document (Application No. AEP-419/2011); the information or mitigation measures described in this Permit; and 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).
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.
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 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 dredging works of the Project shall only be carried out within the Yim Tin Tsai (East) Fish Culture Zone as shown in Figure 1 of this Permit.
2.2 All measures described in the Project Profile (No. PP-401/2009) shall be fully implemented.
2.3 All existing fish rafts at the Yim Tin Tsai (East) Fish Culture Zone shall be relocated to the areas shown in Figure 1 throughout the dredging operation. The relocation shall not take place during the period from August to February for avoiding impact on ardeids at Yeung Chau during the breeding season.
2.4 Silt curtain shall be employed and maintained at all time throughout the dredging operation to minimize the water quality impact.
2.5 Closed grab dredger shall be used for dredging operation and the dredged sediments loaded on barges shall be fully covered during transportation.
more than 3 numbers of dredgers shall be operating concurrently for the
dredging operation and the total maximum allowable dredging rate shall not
least 2 months before commencement of the Project, a monitoring programme on
the ardeids and
2.8 The environmental monitoring and audit programme as recommended in the Project Profile (Register No. PP-401/2009) and the monitoring programme on ardeids and White-bellies Sea Eagles approved under Condition 2.7 of this permit shall be fully implemented throughout the Project. 3 hardcopies and 1 electronic copy of the monthly audit report shall be submitted to the Director within 2 weeks after the end of the reporting month.
2.9 An Independent Environmental Checker shall be employed by the Permit Holder to audit the implementation of all mitigation measures recommended in the Project Profile (Register No. PP-401/2009) and the carrying out of monitoring and audit programmes according to Condition 2.8 of this Permit, and to confirm in writing in the monthly audit report full implementation of the measures and monitoring and audit programmes.
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, 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 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 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, 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 EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO 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 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-419/2011
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