Environmental Permit No. FEP-01/178/2003
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT 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 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 :
1. Project Profile –
“Tung Chung Cable Car Project –
(Register No.: PP-193/2003)
“東涌吊車項目 - 昂坪溪流改道”
2. The Director’s letter of permission to apply directly for environmental permit dated 4 September 2003 referenced EP2/N9/Q/83
3. 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
4. The Director’s letter of approval of the EIA Report dated 9 June 2003 referenced EP2/N9/Q/83
5. Application document for Environmental Permit dated 10 October 2003 (Application No.: AEP-178/2003) for construction of the Tung Chung Cable Car Project – Ngong Ping Stream Diversion
6. Environmental Permit issued on 7 November 2003 (Permit No. EP-178/2003) for construction of the Tung Chung Cable Car Project – Ngong Ping Stream Diversion
於二ＯＯ三年十一月七日發出的環境許可證 (許可證編號 EP-178/2003) 以建造東涌吊車項目 - 昂坪溪流改道
7. Application document for Environmental Permit dated 20 July 2004 (Application No.: AEP-192/2004) for operation of the Tung Chung Cable Car Project – Ngong Ping Stream Diversion
8. Environmental Permit issued on 16 August 2004 (Permit No. EP-192/2004) for operation of the Tung Chung Cable Car Project – Ngong Ping Stream Diversion
於二ＯＯ四年八月十六日發出的環境許可證 (許可證編號 EP-192/2004) 以營辦東涌吊車項目 - 昂坪溪流改道
9. Application document for Further Environmental Permit submitted on 22 June 2006 (Application No. FEP-073/2006)
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
Cable Car Project –
(This designated project is hereafter referred to as “the Project”)
東涌吊車項目 - 昂坪溪流改道 (本指定工程項目下稱“工程項目”)
of Designated Project
of a section of an existing stream and its tributary which includes
earthworks in the Lantau North Country Park and discharges into an area of
Location of Designated Project
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
Maintenance of the plants arising from 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) and Waterworks Ordinance (Cap.102). 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 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 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 and constructed in accordance with the information and recommendations described in the Project Profile (Register No. PP-193/2003), the approved EIA Report (Register No. AEIAR-074/2003), 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-178/2003) 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. Specific Conditions
2.1 The Permit Holder shall carry out proper maintenance of the plants arising from 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 stream design proposal, compensatory planting proposal and landscape plan, deposited under Conditions 2.5, 2.7 and 3.14 respectively of the Environmental Permit (Permit No.: EP-178/2003) 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-178/2003) 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.
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 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 a designated project listed in 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.
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