Environmental Permit No. EP-516/2016

                                                          環境許可證編號: EP-516/2016

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

SECTION 10

環境影響評估條例

(499)

10

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE

A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

 

 

PART A (MAIN PERMIT)

A (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 Drainage Services Department (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:

 

根據環境影響評估條例(環評條例) 10條的規定,環境保護署長 (署長) 將本環境許可證渠務(下稱許可證持有人”)以建造營辦B所說明的指定工程項目,但須遵守C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

 

Application No.

申請書編號:

AEP-516/2016

 

Document in the Register:

登記冊上的文件

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

 

(3)

Port Shelter Sewerage, Stage 3 – Sewerage Works at Po Toi O (Register No. AEIAR-206/2017)

-Environmental Impact Assessment Report

[Hereinafter referred to as the “EIA Report”]

-EIA Executive Summary

[Hereinafter referred to as the “EIA Executive Summary”]

-Environmental Monitoring and Audit Manual

[Hereinafter referred to as the “EM&A Manual”]

 

牛尾海污水收集系統第三階段 - 布袋澳污水收集系統工程 (登記檔號: AEIAR-206/2017)

-環境影響評估報告 [下稱「環評報告」]

-環境影響評估報告行政摘要 [下稱「環評行政摘要」]

-環境監察及審核手冊 [下稱「環監手冊]

 

The Director’s letter of approval of the EIA Report dated 27 January 2017 (Reference : (47) in Ax(3) to EP 2/N8/F/50 Pt. 2)

署長於2017127日發出批准環評報告的信件(檔案編號: (47) in Ax(3) to EP 2/N8/F/50 Pt.2)

 

Application for Environmental Permit submitted by the Permit Holder on 29 June 2016 (Application No. AEP-516/2016)

許可證持有人於2016629 提交的環境許可證申請文件 (申請書編號: AEP-516/2016)

 

 

 

           27 January 2017

         2017127

Date

日期

 

(Louis P.L. CHAN)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署長

(首席環境保護主任代行)


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提指定工程項目的說明

 

Title of Designated Project

指定工程項目的名稱

Port Shelter Sewerage, Stage 3 – Sewerage Works at Po Toi O

[This designated project is hereinafter referred to as "the Project".]

 

牛尾海污水收集系統第三階段-布袋澳污水收集系統工程

[本指定工程項目下稱 "工程項目" ]

Nature of Designated Project
指定工程項目的性質

 

(i)                 A sewage treatment plant and sewers in a conservation area (Item Q.1 of Part 1 of Schedule 2 of the EIAO);

在自然保育區內建造污水處理廠及污水渠 (環評條例附表21Q.1)

(ii)               A dredging operation which is less than 500m from the nearest boundary of an existing fish culture zone and coastal protection area (Item C.12 (a), (v) and (vii) of Part 1 of Schedule 2 of the EIAO); and

在距離現有的魚類養殖區及海濱保護區不足500米的範圍內進行挖泥作業 (環評條例附表21C.12(a), (v) (vii));和

(iii)             A submarine sewage outfall (Item F.6 of Part 1 of Schedule 2 of the EIAO).

海底污水渠口 (環評條例附表21F.6)

Location of Designated Project

指定工程項目的地點

 

The location of the Project is shown in Figure 1 of this Permit.

工程項目的地點見本許可證1

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

 

The Project mainly comprises the construction and operation of a sewage treatment plant with a design capacity of of about 139m3 per day at average dry weather flow, a submarine outfall of about 385m in length, gravity sewers of about 800m in length and rising mains of about 400m in length.

工程項目主要包括建造和營辦一座處理能力约每日139立方米平均旱季流量的污水處理廠、一條長約385米的海底排放渠口、長約800米的污水渠和長約400米的加壓污水管


PART C (PERMIT CONDITIONS)

C (許可證條件)

1.         GENERAL CONDITIONS

        一般

 

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 and 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 in 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 approved EIA Report (Register No. AEIAR-206/2017), the application document for Environmental Permit (Application No. AEP-516/2016), other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in the 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 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 as specified by the Director.

           

1.9       All submissions approved by the Director, all submissions deposited without comments by the Director, and 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).  All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.6 below before submitting to the Director under this Permit.

           

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 1.3 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 month 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 investigation, clearance and preparation, or other works as agreed by the Director.

 

1.14     The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one month 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.

           

 

 

 

 

2          SPECIFIC CONDITIONS

特定條件

 

Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

Employment of Environmental Team

 

2.1               The Permit Holder shall employ a single full time on-site environmental team (ET), unless otherwise approved by the Director, no later than one month before the commencement of construction of the Project.  The ET shall be directly supervised by the Engineer’s Representative of the Permit Holder (ER) and shall not be in any way an associated body of the Contractor or the IEC for the Project.  The Permit Holder shall provide a site office to the ET for use. The ET shall be headed by a full time on-site ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. 

 

2.2           The ET and the ET Leader shall be responsible for:

 

(i)         implementing the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project;

 

(ii)        certifying the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)       carrying out site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the EM&A Manual of the Project and to take pro-active actions to pre-empt environmental problems;

 

(iv)       notifying the IEC within one working day of the occurrence of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the approved EIA Report (Register No. AEIAR-206/2017) and this Permit; and

 

(v)        keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances.  The log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-206/2017) and this Permit or by the Director or his authorized officers.

 

2.3             Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader.  Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

 

Employment of Fisheries Specialist

 

2.4             The Permit Holder shall, no later than one month before the commencement of the construction of the Project, appoint a Fisheries Specialist to form part of the ET to conduct an updated fisheries survey and including but not limited to preparing submissions for the Project as required under Condition 2.11.  The Fisheries Specialist shall be a person who has at least 5 years of relevant experience. The qualification and experience of the Fisheries Specialist shall be certified by the ET Leader and verified by the IEC.

 

Employment of Registered Landscape Architect

 

2.5             The Permit Holder shall, no later than one month before the commencement of the construction of the Project, appoint a Registered Landscape Architect to form part of the ET to carry out work relating to landscape aspects including but not limited to auditing the implementation of landscape mitigation measures to ensure compliance with the recommendations of the approved EIA Report (Register No. AEIAR-206/2017) and to certify submissions for the Project as required under Condition 2.14. The qualification and experience of the Registered Landscape Architect shall be certified by the ET Leader and verified by the IEC. 

 

Employment of Independent Environmental Checker

 

2.6               The Permit Holder shall employ a single Independent Environmental Checker (IEC) with a supporting team, no later than one month before the commencement of construction of the Project.  The IEC and his team shall not be in any way an associated body of the ER, the Contractor or the ET for the Project.  The IEC shall be approved by the Director before appointment by the Permit Holder.  The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

 

2.7              The IEC shall report directly to the Director and shall be responsible for duties defined in the EM&A Manual and this Permit, including but not limited to the following:

 

(i)                 to audit the overall EM&A performance, including the implementation of all environmental mitigation measures and monitoring activities on site;

 

(ii)               to verify the environmental acceptability of permanent and temporary works, relevant plans and submissions required in the EM&A Manual and under this Permit;

 

(iii)             to verify the log-book(s) mentioned in Condition 2.2(v);

 

(iv)             to notify the Director by fax or email, within one working day of receipt of notification from the ET Leader, or identification by the IEC and his team, of each and every change of circumstances, and emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling) or non-compliance (including suspects of non-compliance) with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-206/2017), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project;

 

(v)               to liaise closely with the Director;

 

(vi)             to accompany the Director in carrying out site inspections and attending meetings when requested;

 

(vii)           to offer objective and professional advice on environmental issues, when requested, and to respond to questions and enquiries from the Director on the EM&A programme and duties discharged by the IEC, with the support of relevant information, documents and records as appropriate; and

 

(viii)         to allocate adequate resources, including any necessary specialist support, for discharging the duties required in this Permit and the EM&A Manual.

2.8               If the Director considers the IEC fails to discharge the duties of the IEC as defined in the EM&A Manual or in this Permit, the Director may require the Permit Holder by notice in writing to replace the IEC.  Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.  Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

 

Submissions before Commencement of Construction of the Project

 

Submission of Management Organization of Main Construction Companies

2.9              The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the Director in writing with the following information, which shall include at least an organization chart, names of responsible persons and their contact details:

(i) the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project; 

(ii)               the management organization of the ET; and

(iii)        the management organization of the IEC and the supporting team.

Submission of Construction Works Schedule and Location Plans

 

2.10          The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit 3 hard copies and 1 electronic copy of a work plan (the Plan) with the Director.  The Plan shall include at least the following information/specifications:

 

(i)            a detailed phasing programme of all construction works including submarine outfall, submarine outfall diffuser, sewage treatment plant and landscape works of the Project; and

 

(ii)          a location plan of all construction works in an appropriate scale.

 

Submission of an Updated Fisheries Survey Report

 

2.11           The Permit Holder shall, no later than 3 months before the commencement of construction of the submarine outfall diffuser, submit 3 hard copies and 1 electronic copy of an updated fisheries survey report (the Report) to the Director for approval.  The Report shall include at least the following information:

 

(i)     details of the survey methodology, duration and timing to access the impact on fisheries resources in the vicinity of the planned location of the outfall diffuser. These details shall be submitted to the Director for approval before commencement of the survey; and

 

(ii)           findings of the updated fisheries survey to ascertain the impact on fisheries resources in the vicinity of the planned location of the outfall diffuser before the construction of submarine outfall of the Project.

 

Submission of a Verification Survey Report on Gnetum luofuense

 

2.12           The Permit Holder shall, no later than 3 months before the commencement of construction of sewage treatment plant, submit 3 hard copies and 1 electronic copy of a verification survey report on Gnetum luofuense (the Report) to the Director for approval.  The Report shall include at least the following information:

 

(i)             a Verification Survey of the location and condition of the climber Gnetum luofuense that may be affected by the sewage treatment plant construction; and

 

(ii)  measures to avoid or minimize impact to the climber species based on the finalized layout of the sewage treatment plant.

 

Submission of a Silt Curtain and Cofferdam Deployment Plan

 

2.13           The Permit Holder shall, no later than 3 months before the commencement of marine works involving deployment of silt curtain(s) and cofferdam of the Project, deposit 3 hard copies and 1 electronic copy of a silt curtain deployment plan (the Plan) with the Director.  The Plan shall include at least the construction programme and details on the design, operation and maintenance of silt curtain(s) and cofferdam to be deployed during the construction. Before submission to the Director, the Plan shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information, requirements and recommendations contained in the approved EIA Report (Register No. AEIAR-206/2017).

 

Submission of a Detailed Landscape Plan

 

2.14         The Permit Holder shall, no later than 3 months before the commencement of the corresponding parts of landscape works, submit 3 hard copies and 1 electronic copy of a detailed landscape plan (the Plan) to the Director for approval.  The Plan shall show the design details, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scales showing the landscape and visual mitigation measures of the Project.  Before submission to the Director, the landscape plan(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information, requirements and recommendations contained in the approved EIA Report (Register No. AEIAR-206/2017).  All landscape and visual mitigation measures shall be properly implemented and maintained for the Project in accordance with the approved Plan.  In addition, the Plan shall include at least the following information:

 

(i)            the structure and design of the retaining wall and the façade treatment of the sewage treatment plant with a view to harmonizing the structures with the surrounding natural environment;

 

(ii)          measures to ensure the sustainable growth of proposed planting (in particular the climbing plants) in respect of the species, planting area, soil depth, irrigation method and establishment works should also be included; and

 

(iii)       locations, size, quantity and plant species of landscape works including compensatory plantings.

 

Measures to be Implemented for the Construction of the Project

 

            Measures to Minimize Water Quality Impacts during Construction

 

2.15         The Permit Holder shall implement the following mitigation measures to minimize the water quality impact due to construction works of the submarine outfall:

 

(i)            horizontal directional drilling method for the construction of the submarine outfall pipeline;

 

(ii)           marine works for the submarine outfall diffuser (dredging, construction and installation works at diffuser location and backfilling) to be carried out inside a fully enclosed and watertight cofferdam in accordance with the Silt Curtain and Cofferdam Deployment Plan in Condition 2.13 of this permit, and the cofferdam to be removed after completion of the marine works during ebb tide;

 

(iii)         sheet piles for the cofferdam to be installed by vibratory action;

 

(iv)         silt curtain to be installed to surround the cofferdam area during the installation and extraction works of the cofferdam in accordance with the Silt Curtain and Cofferdam Deployment Plan in Condition 2.13 of this permit;

 

(v)           dredging to be carried out by a closed grab dredger, and the marine sediment to be placed in sealed compartment of a marine barge; and

 

(vi)         silty water removed from the cofferdam to be desilted in a sedimentation tank before discharging back into the sea.

 

 

 

Measures to be Implemented for the Operation of the Project

 

Measures to Minimize Water Quality Impacts during Operation

 

2.16         The Permit Holder shall implement the following mitigation measures to minimize the water quality impact due to power and/or equipment failure during operation of the Project:

 

(i)            Precautionary measures including standby pump and screen, dual power supply, 4-hour annual dry weather flow sewage retention time, a supervisory control and data acquisition system to signal for operation and maintenance personnel for emergency attendance shall be provided and properly maintained;

 

(ii)          Delivery of emergency generator within 4 hours from plant failure shall be provided; and

 

(iii)        Emergency arrangement of tankers for continuous removal of incoming sewage to other sewage treatment plants for proper treatment to ensure a sufficient buffer for emergency storage.

 

2.17         The Permit Holder shall not use anti-fouling agent for the submarine outfall diffuser risers and ports.

 

Measures to Minimize Odour Impact during Operation

 

2.18         The Permit Holder shall implement, the following mitigation measures to minimize odour impact during operation of the Project:

 

(i)    odour sources such as the sewage pumps, screen chamber(s), wet well(s) shall be located underground and enclosed by reinforced concrete structure with a cover;

 

(ii)          a de-odourizing system shall be installed to achieve odour removal efficiency of at least 99.5%; and

 

(iii)        the exhaust from the de-odourizing system shall be pointed upward at about 18 mPD or higher for effective dispersion.

 

Measures to Minimize Noise Impact during Operation

 

2.19         The Permit Holder shall implement the following mitigation measures to minimize noise impact during operation of the Project:

 

(i)    noisy equipment items of the sewage treatment plant (STP), including mechanical and submersible pumps, mechanical screens, blowers,  deodourizing fans, etc. shall be installed inside the concrete STP building; and

 

(ii)           all exhaust outlets of the STP shall be installed with acoustic louvers and facing the slope, to avoid direct view towards Po Toi O Village.

 

Measures to Minimize Landscape and Visual Impact during Operation

 

2.20         All landscape and visual mitigation measures shall be properly implemented and maintained for the Project in accordance with the detailed landscape plan approved in Condition 2.14 of this permit.

 

3                    ENVIRONMENTAL MONITORING AND AUDIT REQUIREMENTS

        

3.1       The Permit Holder shall implement the EM&A programme in accordance with the procedures and requirements as set out in the EM&A Manual.  Any change to the EM&A requirements or programme shall be justified by the ET Leader and verified by the IEC as conforming to the relevant information and requirements set out in the EM&A Manual before submission to the Director for approval.

 

3.2       The Permit Holder shall take samples, measurements and necessary remedial actions in accordance with the requirements of the EM&A Manual by:

 

(i)                 conducting baseline environmental monitoring;

 

(ii)               conducting impact environmental monitoring;

 

(iii)             carrying out remedial actions described in the Event/Action Plans of the  EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the  EM&A Manual are exceeded; and

 

(iv)             logging and keeping records of the details of (i) to (iii) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available the information for inspection on site.

 

3.3       The Permit Holder shall submit 4 hard copies and 1 electronic copy of relevant Baseline Monitoring Reports to the Director at least 2 weeks before the commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the Baseline Monitoring Report shall be provided upon request by the Director.

 

3.4       The Permit Holder shall submit 4 hard copies and 1 electronic copy of Monthly EM&A Reports to the Director, within 2 weeks after the end of the reporting month.  The monthly EM&A Reports shall include an executive summary of all environmental audit results, together with actions taken in the event of non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels), complaints received and emergency events relating to violation of environmental legislation (such as illegal dumping and landfilling).  The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EM&A Manual before submission to the Director.  Additional copies of the Monthly EM&A Reports shall be provided upon request by the Director.

               

3.5     All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

3.6     To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated website to be set up by the Permit Holder under Condition 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

 

4.         ELECTRONIC REPORTING OF EM&A INFORMATION

 

4.1       To facilitate public inspection of the Baseline Monitoring Report and Monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports 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 the hard copies as described in Conditions 3.3 and 3.4 of this Permit.  For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made.  All graphics in these Reports shall be in interlaced GIF, JPEG or PDF format unless otherwise agreed by the Director.  The content of the electronic copies of these Reports must be the same as the hard copies.

 

4.2       The Permit Holder shall, within 6 weeks after the commencement of construction of the Project, set up a dedicated Internet website and notify the Director in writing the Internet address where the environmental monitoring data and project information is to be placed.  All environmental monitoring data described in Condition 4.1 above shall be made available to the public via the abovementioned dedicated Internet website in the shortest possible time and in any event no later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.  All finalized submissions and plans shall be made available to the public via the dedicated Internet website in the shortest possible time and in any event no later than 2 weeks after the submissions and plans are approved by or deposited with the Director, unless otherwise agreed with the Director.

 

4.3       The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the Project Profile of the Project, the EIA Report, and this Permit.  The Internet website shall have features capable of: 

(i)         providing access to all environmental monitoring data of this Project collected   since the commencement of construction;

 

(ii)       searching by date;

(iii)     searching by types of monitoring data; and

(iv)     hyperlinking to relevant monitoring data after searching;

 

or otherwise as agreed by the Director.

 

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 shall obtain independent legal advice on the legal implications under the EIAO, and the following notes are for general information only.

            本許可證共有3部,即A (許可證主要部分)B (指定工程項目的說明) C (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見,下述註解只供一般參考用。

 

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.

            如違反本許可證的任何條件,署長或獲授權人員徵得環境局局長的同意後勒令停止相關工程,直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下,許可證持有人未經署長或獲授權人員同意,不得進行任何相關工程。

 

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.

            許可證持有人可根據環評條例第13條的規定向署長申請更改本環境許可證的條件。許可證持有人須將經修改的許可證替換在建造工地內展示的原有許可證。

 

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.

承擔工程項目整項或部分工程的責任的人,在承擔責任之前,可根據環評條例第12條的規定向署長申請新的環境許可證。

 

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.

根據環評條例第14條的規定,署長可在環境局局長的同意下暫時吊銷、更改或取消環境許可證。遭暫時吊銷、更改或取消的環境許可證必須從工程項目工地除下,不再展示。

 

6.         If this Permit is cancelled or surrendered during the 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 1 and 2 of Schedule 2 of the EIAO without a valid environmental permit.

如果本許可證在工程項目建造或營辦期間取消或交回,則在繼續營辦工程項目之前,必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定,任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表212部所列明的指定工程項目,即屬犯罪。

 

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:
如任何人在違反本許可證的條件下建造或營辦工程項目,根據環評條例,即屬犯罪

(i)                 on a first conviction on indictment to a fine of $2 million and to   imprisonment for 6 months;
一經公訴程序首次定罪,可處罰款200萬元及監禁6個月;

(ii)               on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
一經公訴程序第二次或其後每次定罪,可處罰款500萬元及監禁2年;

(iii)             on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經簡易程序首次定罪,可處第6級罰款及監禁6個月;

(iv)             on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
一經簡易程序第二次或其後每次定罪,可處罰款100萬元及監禁1年;及

(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.
在任何情況下如該罪行屬持續性質,則法院或裁判官可就其信納該罪行持續的每天另處罰款10,000元。

 

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.

許可證持有人可在接獲本許可證後30天內,根據環評條例第17條就本許可證的任何條件提出上訴。

 

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.

上述註解只供一般參考用,欲知有關詳情,許可證持有人須參閱環評條例及徵詢獨立法律意見。

 

Environmental Permit No. EP-516/2016

環境許可證編號:EP-516/2016

Figure 1 |


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