Environmental
Permit No. EP-422/2011
環境許可證編號 EP-422/2011
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造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 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:
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土木工程拓展署(下稱 “ 許可證持有人”)，以建造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：
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Application No. 申請書編號 |
AEP-422/2011 |
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Document in the Register : 登記冊上的文件: |
(a)
Project
Profile – “Landslip Preventive Works at Feature No. 7NE-C/C310 along 工程項目簡介–“人造斜坡編號7NE-C/C310沿大埔公路大埔滘段–防止山泥傾瀉工程” (登記冊編號 : PP-448/2011)。 (b)
The
Director’s letter of permission to apply directly for environmental permit
dated 1 September 2011 (Ref.: EP2/N5/Q/ 署長於 (檔案編號 : EP2/N5/Q/ (c)
Application
for Environmental Permit submitted by the Permit Holder on 6 September 2011 (Application
No.: AEP-422/2011). 許可證持有人於 (申請書編號：AEP-422/2011) |
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26-9-2011 |
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Date 日期 |
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(Maurice K. L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音) 楊國良代行) |
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PART
B (DESCRIPTION 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 (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
|
Title of Designated Project 指定工程項目的名稱 |
Landslip Preventive
Works at Feature No. 7NE-C/C310 along (This
designated project is hereafter referred to as “the Project”). 人造斜坡編號7NE-C/C310沿大埔公路大埔滘段–防止山泥傾瀉工程。 （本指定工程項目下稱“工程項目”） |
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Nature of Designated Project 指定工程項目的性質 |
The Project
involves landslip prevention and mitigation works for upgrading a man-made
slope (Feature No. 7NE-C/C310) and such works partly fall within the
Conservation Area. 本工程項目包括防止和緩解人造斜坡編號7NE-C/C310山泥傾瀉的鞏固工程，工程部份在自然保育區的範圍內。 |
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Location of Designated Project 指定工程項目的地點 |
The Project is located
at Tai Po Road – Tai Po Kau, N.T. as shown in Figure 1 of this Permit. 工程項目位於大埔公路大埔滘段，見載於本許可證夾附的圖一。 |
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Scale and Scope of Designated Project |
The total works area
is approximately (a)
installation of soil nails on soil slope profile;
(b)
installation of rock dowels on rock slope
portion; (c)
rock slope stabilization work such as removal
of loose rock fragments, construction of buttress wall and installation of
wire mesh where necessary at rock slope portion; (d)
installation of prescriptive raking drains; (e)
construction of surface channels and catchpit
to collect the surface runoff; and (f)
provision of hydroseeding with erosion control
mat and wire mesh to the completed soil slope portion. The scope of works is
shown in Figure 2A and Figure 2B of this Permit. The
full details are given in the Project Profile (Register No.: PP-448/2011). 本工程項目涉及的面積約 (a)
固土釘裝設工程； (b)
在岩石斜坡部份進行岩石銷釘裝工程; (c)
岩石斜坡鞏固工作，例如在有需要的岩石斜上清除鬆散碎石、建築扶壁和安裝鐵絲網； (d)
安裝習用排水斜管； (e)
建造排水明渠和集水井以收集地表徑流；及 (f)
為完成的泥面提供噴草工程和防侵蝕護墊與鐵絲網。 |
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 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 and constructed in accordance with the information and all recommendations
described in the Project Profile (Register No. PP-448/2011); the application
document (Application No. AEP-422/2011); 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.
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 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
No
works shall be carried out outside the Project site boundary as indicated in Figure 1, Figure 2A and Figure 2B of this Permit.
2.2
All
measures described in the Project Profile (No. PP-448/2011) submitted with the
application on 28 July 2011 shall be fully implemented.
2.3
All
trees within the Project site including the six plant species of conservation
importance (i.e. Aquilaria sinensis,
Celtis timorensis, Ailanthus fordii, Pavetta hongkongensis, Cibotium barometz
and Litsea monopetala) identified in the Project Profile shall be retained
in-situ.
2.4
The
Permit Holder shall submit to the Director for approval, at least 6 weeks
before commencement of construction, 3 sets of Master Landscape Plan showing
details of compensatory plantings and protective measures for existing trees
and root systems during construction. All the proposed protective measures recommended
in the approved Master Landscape Plan shall be fully implemented during
construction.
2.5
The
Permit Holder shall employ an Independent Environmental Checker to audit the
implementation of all mitigation measures recommended in the Project Profile
and to certify in writing in the monthly audit report full implementation of
mitigation measures.
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,
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-422/2011
環境許可證編號 EP-422/2011
| Figure 1 | Figure 2a | Figure 2b |
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