Environmental Permit No. EP-423/2011
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
第 10 條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
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 China Telecom (Hong Kong) International 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 – South-East Asia Japan Cable System (SJC) – Hong Kong Segment [Register No.: PP- 444/2011]
工程項目簡介 – 東南亞日本海底光纜網絡工程–香港段
(2) The Director’s letter of Permission to Apply Directly for Environmental Permit dated 1 August 2011 [Ref.: (25) in EP2/H19/C/07]
[檔案編號 : (25) in EP2/H19/C/07]
(3) Application for Environmental Permit submitted by the Permit Holder on 28 September 2011 [Application No. AEP-423/2011]
[申請書編號: AEP- 423/2011]
(4) Pursuant to Condition 2 (i) to (iii) of the above Permission to Apply Directly for Environmental Permit, the Director approved the Environmental Monitoring & Audit Manual, the Landscape Plan and the Review Report of Geophysical Survey Results - Marine Archaeological Investigation respectively on 27 September 2011.
根據上述批准直接申請環境許可證的條件2 (i) 至 (iii) 於2011年9月27日獲署長審批的環境監察及審核手冊、景觀美化計劃及實際測量檢討報告-海洋考古調查
24 October 2011
(Mr. Ken Y.K. Wong)
Principal Environmental Protection Officer
for Director of Environmental Protection
(首席環境保護主任 黃耀光先生代 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
South-East Asia Japan Cable System (SJC) – Hong Kong Segment
[This designated project is hereinafter referred to as “the Project”].
東南亞日本海底光纜網絡工程 – 香港段
Nature of Designated Project
A dredging operation which is less than 500 meters from the nearest boundary of Chung Hom Kok and St. Stephen’s bathing beaches and Coastal Protection Area.
Location of Designated Project
The proposed SJC submarine telecommunications cable system starts from the landing site located at an existing manhole on Sha Shek Tan and extends to the edge of Hong Kong Special Administrative Region waters (the proposed cable route and the location of landing site for this Project are as shown in Figure 1 attached to this Permit).
Scale and Scope of Designated Project(s)
The dredging operation involves the laying of an approximately 37km submarine telecommunication cable shall be undertaken by the direct cable burial techniques using a cable burial machine.
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 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 construction site(s) at all vehicular site entrances/exits or 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 construction site(s).
1.6 The Permit Holder shall construct and operate 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, constructed and operated in accordance with the information and all recommendations described in the Project Profile (Register No.: PP- 444/2011) and other relevant documents in the Register including the approved EM&A Manual, approved landscape plan and approved marine archaeological investigation report for this Project, the information or mitigation measures described in this Permit, 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 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 place, 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as hard copies.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least two weeks before the commencement of construction and operation of the Project respectively. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the construction and operation.
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. Special Conditions
2.1 The submarine cable shall be laid along the alignment as delineated in Figure 1 of this Permit. The Permit Holder shall obtain prior approval from the Director for any proposed changes in the Project details, including cable alignment, burial depth, trench width and installation methods as described in the Project Profile (Register No.: PP- 444/2011),. Construction of any such proposed changes shall not commence without the Director’s prior approval.
2.2 To minimize water quality impact on St. Stephen Beach, no marine work shall be carried out within 500m from the nearest boundary of the beach during the bathing season from 1st June to 30th September inclusive. The boundary of the beach is shown in Figure 2 of this Permit.
2.3 To minimize water quality impact on Stanley Bay during the peak seasons for water sports activities, no marine works shall be carried out within the boundary shown in Figure 3 of this Permit on Saturdays and Sundays during the period from 15th July to 31st August inclusive and on Saturdays and Sundays within 1 month before the Dragon Boat Festival.
2.4 To minimize water quality impact due to the marine works, the submarine cable laying works shall be carried out by diver(s) for the initial segment that extends for about 150m seaward from the low water mark at Sha Shek Tan. Beyond this initial segment, the submarine cable shall be laid by a jetting machine with a maximum forward speed of no more than 800m per hour.
2.5 To protect the existing landscape condition on the Coastal Protection Area at Sha Shek Tan, all parts of the cable and associated earth electrode system shall be installed within the works area as shown in Figure 4 of this Permit and completely buried after installation. Affected areas at Sha Shek Tan shall be reinstated to the existing condition upon completion of the construction works.
2.6 To minimize potential impact to finless porpoise, a finless porpoise exclusion zone and monitoring plan shall be implemented in accordance with the approved EM&A Manual. All marine works shall cease if finless porpoise is sighted within the exclusion zone until 30 minutes after the finless porpoise has left.
2.7 During the construction period, the Permit Holder shall employ an independent checker to audit the implementation of all mitigation measures recommended in the Project Profile (Register No. PP-444/2011) and the approved Environmental Monitoring and Audit (EM&A) Manual in the Register. The independent checker shall not be in any way an associated body of the Contractor for the Project.
2.8 To monitor the environmental impacts and timely implementation of the recommended mitigation measures, the Permit Holder shall:
(i) implement the EM&A programme of the Project in accordance with the procedures and requirements set out in the approved EM&A Manual; and
(ii) submit to the Director four hard copies and one electronic copy of the following, as defined in the approved EM&A Manual:
(a) baseline monitoring report on water quality no later than two weeks before the commencement of construction works;
(b) weekly impact monitoring and site audit report within three days after the relevant monitoring data are collected or become available; and
(c) post project monitoring report within one month after completion of the marine works.
All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct. Before submission to the Director, the reports as required in Condition 2.8 (ii) shall be certified by the independent checker.
2.9 To facilitate public inspection of the approved EM&A Manual, baseline monitoring report, weekly impact monitoring report and post project monitoring report, the Permit Holder shall set up and maintain a dedicated web site, and notify the Director in writing the internet address, where these documents and the related environmental monitoring and project data are to be placed before the commencement of construction of the Project. All environmental monitoring data and reports as described in Condition 2.8 above shall be made available to the public via this dedicated web site in the shortest possible time and in any event no later than one week after the relevant environmental data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall continue to maintain the dedicated website for public access of the environmental monitoring data and reports until three months after submitting the post project monitoring report under Condition 2.8(ii)(c) above, or otherwise specified by the Director.
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 construction site by the amended permit.
4. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated 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 construction 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 construction or operation of 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 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-423/2011