Environmental Permit No. EP-443/2012
ENVIRONMENTAL PERMIT TO 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 Drainage Services Department (hereinafter referred to as the "Permit Holder") to 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. Wan Chai Development Phase II and Central-Wan Chai Bypass (Register No.: AEIAR-125/2008)
Environmental Impact Assessment Report (December 2007)
- Environmental Monitoring and Audit Manual
- Executive Summary
- Further information received from the Civil Engineering and Development Department on 11 March 2008, 9 April 2008 and 14 November 2008 under Section 8(1) of the EIAO
灣仔發展計劃第二期及中環灣仔繞道 (登記冊編號: AEIAR-125/2008)
· 環境影響評估報告 (2007年12月) [下稱「環評報告」]
Director’s letter of approval of the EIA Report dated 11 December 2008
referenced (85) in EP2/H4/S3/
3. Application documents for Environmental Permit submitted by the Permit Holder on 16 August 2012 (Application No.: AEP-443/2012)
許可證持有人於2012 年8 月16 日提交的環境許可證申請文件 (申請書編號: AEP-443/2012)
6 September 2012
(Ken Y.K. Wong)
Principal Environmental Protection Officer
for Director of Environmental Protection
(首席環境保護主任 黃耀光 代行)
Hereunder is the description of the designated projects mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
Title of Designated Projects
Wan Chai East Sewage Outfall (referred to as “DP
(The designated project is hereafter referred to as “the Project”)
Nature of Designated Projects
Operation of a submarine sewage outfall.
Location of Designated Projects
alignment of the sewage pipelines starts from the Wan Chai East Preliminary
Treatment Works and extends to an outfall in the middle of the
Scale and Scope of Designated Projects
Operation of a sewage outfall of approximately
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 Permit Holder shall ensure full compliance
with all legislation from time to time in force including, without limitation
to, the Water Pollution Control Ordinance (Cap. 358). 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.
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 this 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 operation of the Project and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.
1.5 The Permit Holder shall operate the Project in accordance with the project description in Part B of this Permit.
1.6 The Permit Holder shall ensure that the Project is operated in accordance with the information and all recommendations described in the EIA Report, the application documents for environmental permits, other relevant documents in the Register, 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.
1.7 The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than two weeks prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of operation.
The Permit Holder shall operate
the submarine sewage outfall of approximately
This Permit consists of three parts, namely, PART A
(Main Permit), PART B (Description of Designated Projects) 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.
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 designated project(s) may, before he assumes responsibility of the
designated project(s), 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 operation of the Project, another environmental permit must be obtained under the
Ordinance before the Project could be continued. It is an offence under
section 26(1) of the Ordinance to operate a designated project listed in Part I
of schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who 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.
The Notes are for general reference only and that the Permit Holder
should refer to the EIA Ordinance for details and seek independent legal
Environmental Permit No. EP-443/2012
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