Environmental Permit No

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

Siu Ho Wan Station and Siu Ho Wan Depot Replanning Works

[This designated project is hereafter referred to as “the Project”]

小蠔灣鐵路站及小蠔灣車廠重新規劃工程

[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

(1) A railway and its associated stations; and

鐵路及其相聯車站；及

(2) A railway depot.

鐵路車廠

Location of Designated Project

指定工程項目的地點

The Project is located at Siu Ho Wan. The location of the Project is shown in Figure 1 of this Permit

工程項目位於小蠔灣。工程項目的位置載於本許可證圖1。

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project includes:

- Siu Ho Wan Depot (SHD) replanning works, within the existing SHD boundary including construction of concrete slab over the SHD to provide support for future SHD Topside Development;

- Construction of the new Siu Ho Wan Station (SHO) and modification of the associated trackworks of the existing Airport Express Line/Tung Chung Line; and

- Construction of other supporting facilities including the western access, the local accesses and sewerage network outside existing SHD boundary.

工程項目包括:

- 於現時小蠔灣車廠邊界內進行的車廠重新規劃工程，當中包括建造混凝土樓板以支援小蠔灣車廠上蓋發展；

- 建造新小蠔灣鐵路站及改動現有東涌綫及機場快綫的相關軌道；及

- 建造其他支援設施包括西面出入通道、區內出入通道及小蠔灣車廠邊界以外的污水網絡。

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder and any person constructing or operating 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 and any person constructing or operating the Project 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), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 this Permit readily available at all times for inspection by the Director or his authorised officers at all sites covered by this Permit. Any reference to this Permit shall include all documents referred to in this 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 this 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’s information at all times. The Permit Holder shall ensure that the most updated information about this Permit, including any amended Permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of this 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 and any person constructing or operating the Project shall construct and operate the Project in accordance with the project description in Part B of this Permit.

1.7 The Permit Holder and any person constructing or operating the Project 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-214/2017); the application documents for environmental permits; other relevant document in the Register; the information and 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 in this Permit or otherwise agreed by the Director.

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 EIAO (Cap. 499). All submissions or any variation of 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 2.4 below before submitting to the Director under this Permit.

1.10 The Permit Holder shall release all finalised 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 means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 The Permit Holder shall submit and / or deposit all submissions within the time as specified in the Conditions of this Permit. 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 finalised 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 three months 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.

1.14 The Permit Holder shall, no later than three months prior to the commencement of operation of the following parts of the Project, notify the Director in writing the corresponding commencement date of the operation: (i) when the new SHO and the relevant trackworks are opened for public services and (ii) completion of the replanned SHD. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of operation.

2. Specific Conditions

Employment or Submissions before Construction of the Project

Employment of Environmental Team (ET)

2.1 An ET shall be established by the Permit Holder no later than three months before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an 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 duties defined in the EM&A Manual and this Permit, including implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual of the Project; and site inspections to audit the Contractor’s site practice and work methodologies with respect to environmental mitigation measures contained in the approved EIA report (Register No. AEIAR-214/2017) and the EM&A Manual of the Project and/or as required under this Permit and to take pro-active actions to pre-empt environmental problems. The ET Leader shall be responsible for:

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

(ii) 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-214/2017) and/or this Permit; and

(iii) keeping a contemporaneous log-book of any such instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report (Register No. AEIAR-214/2017) and/or this Permit. 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-214/2017) 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 Condition 2.2 above 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 this Permit liable to suspension, cancellation or variation.

Employment of Independent Environmental checker (IEC)

2.4 An IEC shall be employed by the Permit Holder no later than three month before the commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management.

2.5 The IEC shall be responsible for duties defined in the EM&A Manual and this Permit, including the following:

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

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

(iii) verifying the log-book(s) mentioned in Condition 2.2(iii);

(iv) notifying 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 or suspected and / or potential non-compliance with the recommendations (such as construction methods, mitigation measures, and environmental standards) of the approved EIA Report (Register No. AEIAR-214/2017), the EM&A Manual and this Permit, which might affect the monitoring or control of adverse environmental impacts arising from the Project;

(v) offering objective and professional advice on environmental issues, when requested, and to respond to questions and enquires 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

(vi) allocating adequate resources, including any necessary specialist support, for discharging the duties required in the EM&A Manual and/or this Permit.

2.6 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 this Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of Condition 2.5 above.

Submission of Construction Works Phasing Schedule

2.7 The Permit Holder shall, no later than 1 month before the commencement of construction of the Project, deposit 3 hard copies and 1 electronic copy of a Construction Works Phasing Schedule (the Schedule) with the Director. The Schedule shall include at least the following information / specifications:

(i) a detailed work programme showing the number of Work Phase(s) of the Project as well as the planned timing for the commencement and completion of the major construction works under each Work Phase; and

(ii) location plan(s) in appropriate scale delineating the boundary of each Work Phase of the Project and showing the extent of the concrete slab to be constructed over the depot under each Work Phase.

Submission of Environmental Permit (EP) Submission Schedule

2.8 The Permit Holder shall, no later than two months before the commencement of construction of the Project, deposit an EP Submission Schedule to set out a timeline for EP submissions in this Permit and shall report the progress in fulfilling the submission requirements in the monthly Environmental Monitoring and Audit (EM&A) reports submitted under Condition 3.4 of this Permit. The Permit Holder shall inform the Director no later than two weeks before the scheduled submission date of the EP submission in writing in case of any subsequent change(s) to the submitted EP Submission Schedule.

Submission of Management Organization

2.9 The Permit Holder shall, no later than one month before the commencement of construction of the Project, inform the Director in writing the following information:

(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;

(iii) the management organization of the IEC and his team; and

(iv) the submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Noise Mitigation Measures Plan(s)

2.10 The Permit Holder shall, no later than one month before the commencement of construction of the relevant Work Phase of the Project, deposit with the Director 4 hard copies and 1 electronic copy of a Construction Noise Mitigation Plan (CNMP). The CNMP shall, cover both the design / tendering and implementation stage of the construction works, verify the noise source inventory and assess the effectiveness and practicality of the noise mitigation measures recommended in the EIA Report (Register No. AEIAR-214/2017) with a view to formulate the noise mitigation measures including the use of quiet powered mechanical equipment (PME), noise barriers and noise enclosures for mitigating noise impact arising from the construction activities of the Project taking into account the phased population intake of the SHD Topside Development. The CNMP shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. All mitigation measures recommended and requirements specified in the CNMP shall be fully implemented.

2.11 To mitigate the rail noise impacts from the operation of the existing/replanned SHD and the Tung Chung Ling/Airport Express Line, the Permit Holder shall, no later than three months before the commencement of construction of the Project, or a date to be agreed by the Director, submit 4 hard copies and 1 electronic copy of Noise Mitigation Plan (NMP) to the Director for approval with a view to minimise the future rail noise impact upon the future SHD Topside Development during different Work Phases of the Project. The Plan shall review the noise mitigation measures required including the temporary noise barriers and / or canopies along the northern boundary of Phase 1 during the construction, and also the permanent barriers / canopies along the southern boundary of the depot for rail noise abatement (as shown in Figures 2a and 2b of this Permit). The NMP shall include an implementation schedule in table form to clearly list out the mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. All mitigation measures recommended and requirements specified in the NMP shall be fully implemented.

2.12 At least one month before commencement of operation of the replanned SHD, the Permit Holder shall carry out fixed plant noise audit and deposit with the Director four hardcopies and one electronic copy of an audit report showing the design of the planned fixed plant noise sources associated with the Project complies with the maximum sound power levels determined in the approved EIA Report (Register No. AEIAR-214/2017). The audit report shall also confirm that noise emitted from the planned fixed noise sources shall be free of the characteristics of tonality, impulsiveness and intermittency.

Submission of Waste Management Plan(s)

2.13 The Permit Holder shall, no later than one month before the commencement of construction of the Project, deposit with the Director 4 hard copies and 1 electronic copy of a Waste Management Plan (WMP). The WMP shall describe the comprehensive separation of the Construction and Demolition (C&D) materials, and also the arrangements for avoidance, minimization, recovery, recycling, reuse, storage, collection, treatment and disposal of different categories of waste to be generated from the construction and operation activities. The WMP shall also describe the tracking system to avoid illegal dumping or landfilling of C&D materials as required in Condition 2.16 below. The WMP shall include an implementation schedule in table form to clearly list out the amount and disposal outlet for the different types of waste arising, mitigation measures to be implemented, and the implementation party, location, timing, and environmental performance required for implementation of the mitigation measures. All mitigation measures recommended and requirements specified in the WMP and the implementation schedule shall be fully implemented.

Submission of Updated Contamination Assessment Plan (CAP)

2.14 The Permit Holder shall review the CAP in the approved EIA report (Register No. AEIAR-214/2017) to confirm whether the proposed Site Investigation (SI) works (e.g. sampling locations, testing parameters etc.) are still valid and to confirm the appropriate Risk-Based Remediation Goals (RBRGs) land use scenario for the development prior to the commencement of the SI works. The Permit Holder shall submit an updated CAP reporting on the review and the updated sampling, analysis and reporting proposal with any change in the proposed SI works highlighted. The Permit Holder shall submit 3 hard copies and 1 electronic copy of the updated CAP to the Director for approval no later than two months before the commencement of SI works at the contaminated areas. All recommendation(s) in the approved updated CAP shall be implemented. No construction works at the contaminated areas shall be commenced prior to the completion of land contamination assessment and remediation if necessary.

Submission of Landscape and Visual Plan(s)

2.15 The Permit Holder shall, no later than three months before the commencement of construction of the Project, or a date to be agreed by the Director, submit 4 hard copies and 1 electronic copy of Landscape and Visual Plan (the LVP) to the Director for approval. The LVP shall show the landscape and visual features along the waterfront with a view to minimizing the overall landscape and visual impact of the Project, and shall include but not limited to the potential set back from the Northern boundary to provide an aesthetically pleasing landscape design proposal for planting, form, colour, materials and finishes of structures and associated facilities. The LVP shall also include details, implementation programme, maintenance and management schedules, and drawings in an appropriate scale of the landscape and visual features.

Measures to be Implemented for the Construction of the Project

Waste Management Measures

2.16 All dump trucks for C&D materials transportation and disposal shall be equipped with Global Positioning System (GPS) or equivalent automatic identification system (AIS) for real time tracking and monitoring of their travel routings and parking locations in order to avoid illegal dumping or landfilling of C&D materials. The data collected by GPS or equivalent AIS relating to travel routings and parking locations of all dump trucks shall be recorded properly for checking and auditing by ET and IEC. The audit findings shall be reported in the Monthly EM&A Report.

3 Environmental Monitoring and Audit (EM&A) 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 changes to the EM&A requirements or programme or termination of the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained 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 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 1 hard copy and 1 electronic copy of 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 Reports shall be provided upon request by the Director.

3.4 The Permit Holder shall submit 1 hard copy and 1 electronic copy of Monthly EM&A Reports for the construction stage of the Project to the Director, within 10 working days 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. 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 10 working days 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 above. 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. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first 2-year period of operation of the Project, or otherwise as agreed by 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, EIA Report and Environmental Permit(s). 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:

註：

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.

本許可證共有3部，即 A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (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可勒令停止相關工程，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。許可證持有人須以經修改的許可證替換在工程項目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，署長可在取得環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的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 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.

如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續進行工程項目之前，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2第1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 this 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.

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) 一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；

(ii) 一經循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) 一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；

(iv) 一經循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；以及

(v) 在任何情況下如該罪行屬持續性質，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-588/2021

環境許可證編號 EP-588/2021

| Figure 1 | Figure 2a | Figure 2b |

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