Environmental Permit No. FEP-01/177/2003/D
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO
CONSTRUCT AND OPERATE A DESIGNATED PROJECT
Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this Further Environmental Permit to the SKYRAIL-ITM (HONG KONG) 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.
根據環境影響評估條例(環評條例)第10及 12 條的規定，環境保護署署長(署長)將本新的環境許可證批予SKYRAIL-ITM (HONG KONG) LIMITED (下稱“許可證持有人”)以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。
The issue of this Further Environmental Permit is based on the documents, approvals or permissions described below:
Document in the Register :
Document in the Register :
Document in the Register :
1. Tung Chung Cable Car Project
- Environmental Impact Assessment Report (Final)
- Environmental Impact Assessment - Executive Summary
- Environmental Monitoring and Audit Manual
Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-074/2003)
- 環境影響評估報告 - 行政摘要
2. The Director’s letter of approval of the EIA Report dated 9 June 2003 referenced EP2/N9/Q/83
3. Project Profile –
Chung Cable Car Project –
(Register No.: PP-193/2003)
“東涌吊車項目 - 昂坪溪流改道”
4. The Director’s letter of permission to apply directly for environmental permit dated 4 September 2003 referenced EP2/N9/Q/83
5. Application for Environmental Permit dated 10 October 2003 (Application No.: AEP-177/2003)
6. Environmental Permit issued on 7 November 2003 (Permit No. EP-177/2003)
7. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 6 May 2004. (Application No. VEP-139/2004)
8. Environmental Permit issued on 1 June 2004 (Permit No. EP-177/2003/A)
於二ＯＯ四年六月一日發出的環境許可證 (許可證編號 EP-177/2003/A)
9. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 8 June 2004. (Application No. VEP-144/2004)
10. Environmental Permit issued on 7 July 2004 (Permit No. EP-177/2003/B)
於二ＯＯ四年七月七日發出的環境許可證 (許可證編號 EP-177/2003/B)
11. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 2 September 2004. (Application No. VEP-154/2004)
12. Environmental Permit issued on 30 September 2004 (Permit No. EP-177/2003/C)
於二ＯＯ四年九月三十日發出的環境許可證 (許可證編號 EP-177/2003/C)
13. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 7 July 2005. (Application No. VEP-185/2005)
14. Environmental Permit issued on 4 August 2005 (Permit No. EP-177/2003/D)
於二ＯＯ五年八月四日發出的環境許可證 (許可證編號 EP-177/2003/D)
15. Application document for Further Environmental Permit submitted on 22 June 2006 (Application No. FEP-072/2006)
13 July 2006
(Simon Y.M. Hui)
Principal Environmental Protection Officer
For the Director of Environmental Protection
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
Tung Chung Cable Car Project
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Construction and operation of a cable car system which includes new access roads, earthworks and building works in the Lantau North Country Park and the Proposed Lantau North (Extension) Country Park (hereafter referred to as “the country parks”) on the Lantau Island.
Location of Designated Project
Tung Chung and Ngong Ping on the
Scale and Scope of Designated Project
(a) Operation of the cable car system; and
(b) Maintenance of the plants arising from transplantation, compensatory planting, landscaping planting and other planting implemented during construction of the Project.
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), Country Parks Ordinance (Cap.208), Waterworks Ordinance (Cap.102), Aerial Ropeways (Safety) Ordinance (Cap 211) and Tung Chung Cable Car Ordinance (Cap. 577). 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.
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 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 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(s) 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 convenient location(s) 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-074/2003), the Project Profile (Register No. PP-193/2003) and other relevant documents in the Register, the information and mitigation measures described in this Permit, the information and recommendations described in submissions that deposited with or approved by the Director as a result of permit conditions contained in the Environmental Permit (Permit No.: EP-177/2003/D) for the Project, 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.
2. Measures for Plant Maintenance during Construction of Certain Parts of the Project
2.1 The Permit Holder shall carry out proper maintenance of the plants arising from transplantation, compensatory planting, landscaping planting and other planting implemented during construction of the Project in accordance with the information and recommendations described in the submissions, including helicopter touch down point proposal, Nei Lak Shan Angle Station proposal, supporting tower proposal, marker cable system proposal, transplantation proposal and landscape plan, deposited under Conditions 2.5, 2.6, 2.7, 2.11, 3.4 and 3.13 respectively of the Environmental Permit (Permit No.: EP-177/2003/D) for the Project. The Permit Holder shall carry out maintenance of the plants for at least twelve months after the planting works. Qualified ecologist as required by the Environmental Permit (Permit No.: EP-177/2003/D) for the Project shall be engaged to monitor the survival and growth of the plants and to provide recommendations to enhance the survival and growth of the plants or to rectify any negative outcomes of the planting works. All recommendations by the qualified ecologist shall be fully implemented.
2.2 The Permit Holder shall, within 2 months after the completion of the plant maintenance period, deposit with the Director 4 hard copies and 1 soft copy of the photo records of the planting works.
3. Measures during Operation of the Project
3.1 No washing of gondolas shall be carried out within the country parks or at the Ngong Ping Terminal. Washing of gondolas shall be carried out at the Tung Chung Terminal.
3.2 No staff toilet facility shall be provided at the supporting towers within the country parks. Staff toilet facility provided at the Nei Lak Shan Angle Station shall be self-contained composting unit. No wastewater from the toilet shall be disposed of within the country parks. Wastewater from the toilet shall be collected in sealed container and transported for opposite disposal.
3.3 All electrical and mechanical installations within the country parks shall be properly designed, operated and maintained to prevent adverse environmental impacts to the country parks and any land contamination.
3.4 Emergency plan deposited under Condition 3.12 of the Environmental Permit (Permit No. : EP-177/2003/D) for the Project to deal with accidental chemical leakage and spillage shall be implemented when such instance or circumstance occurs during operation.
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, Transport and Works, 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 Environmental Impact Assessment Ordinance (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 Project may, before he assumes responsibility of the 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, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.
6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before 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 Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the 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.