Guidance Note on Advertisement And Public Inspection of Documents
1. Purpose
This guidance note sets out the advertisement requirements and the arrangement for public inspection of a project profile or an environmental impact assessment (EIA) report submitted under the Environmental Impact Assessment (EIA) Ordinance (the Ordinance).
This guidance note should be read in conjunction with "A Guide to the EIA Ordinance" which can be obtained from the EIA Ordinance Register Office at 27/F, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong or downloaded from the EIA Ordinance website (https://www.epd.gov.hk/eia).
2.
Advertising the Availability of Project Profile and the Arrangement for its Public Inspection
The Requirement
Under the Ordinance, an applicant should advertise, at his or her own expense, the availability of a project profile for the following applications:
- an application for EIA study brief under section 5.(1)(a) of the Ordinance; or
- an application for permission to apply directly for environmental permit under section 5.(1)(b) of the Ordinance.
Timing and Frequency of Advertisement
An applicant should advertise the availability of the project profile on the day following the submission of the application form and the project profile to the Director of Environmental Protection (the Director).
The applicant would only need to make one advertisement in a Chinese newspaper and an English newspaper, unless further information relating to the project profile is required and the applicant has been advised by the Director to advertise the availability of the additional information.
The Format and Size of Advertisement
For a project profile submitted for an application for EIA study brief, the format of advertisement should follow Appendix 1.
For a project profile submitted for an application for permission to apply directly for environmental permit, the format of advertisement should follow Appendix 2. The applicant should state clearly whether the application is pursuant to section 5.(9), 5.(10) or 5.(11) of the Ordinance.
Advertising the Availability of Additional Information
If the Director requires further information concerning the project profile, the applicant may have to advertise the availability of the additional information. The Director will advise the applicant the details of such an advertisement.
Period and Place of Public Inspection of Project Profile
The Director will place the project profile at the following locations for the public to inspect for 14 days from the day of the advertisement:
- The EIA Ordinance Register Office, Environmental Protection Department, 27th floor, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong (Opening hours: Monday to Friday 0900 to 1700, closed on Saturday, Sunday and Public Holidays);
- Wan Chai Environmental Resource Centre, 221 Queen's Road East, Wan Chai, Hong Kong (Opening hours: Monday, Wednesday to Friday 1000 to 1700, closed on Tuesday, Saturday, Sunday and Public Holidays); [Note: Temporarily closed due to renovation.]
- the relevant District Offices in those districts where the designated project will be located (Opening hours: normal office hours of District Offices).
The Director will also upload the project profile to the EIA Ordinance website (https://www.epd.gov.hk/eia).
Before the public inspection period expires, the public may forward written comments to the Director by post or fax or email to the EIA Ordinance Register Office at the following address:
The EIA Ordinance Register Office
Environmental Protection Department
27th floor, Southorn Centre,
130 Hennessy Road,
Wanchai, Hong Kong
Fax. No.: 2147 0894
Email address: eiaocomment@epd.gov.hk
3. Advertising the Availability of EIA Report and the Arrangement for its Public Inspection
The Requirement
Under the Ordinance, an applicant should advertise the availability of the EIA report when the report is considered by the Director as meeting the requirements of the EIA study brief and the Technical Memorandum on EIA Process.
Delivery of EIA Reports
The applicant should notify EPD of date of advertisement at least two full working days before the day of first advertisement and submit (no. of EIA report specified in the EIA study brief) with electronic copy to the EIA Ordinance Register Office on the 27th Floor, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong. If EPD find the electronic copy differs from the hard copy substantially, the applicant would be required to defer the date of advertisement until the defect is rectified.
Timing and Frequency of Advertisement
The applicant should advertise the availability of the EIA report once every 10 days of the 30 days public inspection period. The arrangement should be as follows:
- the first advertisement to be placed on the same day of the placing of the report at locations required by the Director;
- the second advertisement to be placed 10 days after the first advertisement; and
- the third advertisement to be placed 10 days after the second advertisement.
The Format and Size of Advertisement
The format of the advertisement should follow Appendix 3. If the Director requires any other information relating to the project to be set out in the advertisement, the applicant will be informed of the requirements.
Re-advertisement
If the applicant fails to comply with the requirements for advertising the availability of the EIA report, the Director may require the applicant to re-advertise or extend the period of public inspection for up to another 30 days.
Period and Place of Public Inspection of EIA Report
The applicant should make available at least two copies of the EIA report at a location in his or her office that is accessible to the public during normal office hours. The advertisement notice should be attached to the EIA report so that the public can know the duration of the public inspection period and the address to which his or her written comments can be sent.
The applicant should provide sufficient copies of the EIA report for the Director to place them at the following locations for the public to inspect for 30 days:
- The EIA Ordinance Register Office, Environmental Protection Department, 27th floor, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong (Opening hours: Monday to Friday 0900 to 1700, closed on Saturday, Sunday and Public Holidays);
- Wan Chai Environmental Resource Centre, 221 Queen's Road East, Wan Chai, Hong Kong (Opening hours: Monday, Wednesday to Friday 1000 to 1700, closed on Tuesday, Saturday, Sunday and Public Holidays);[Note: Temporarily closed due to renovation.] ; and
- the relevant District Offices in those districts where the designated project will be located (Opening hours: normal office hours of District Offices).
The Director will also upload the EIA report to the EIA Ordinance website (https://www.epd.gov.hk/eia).
Before the public inspection period expires, the public may forward written comments to the Director by post or fax or email to the EIA Ordinance Register Office at the address given in this guidance note.
4. Confirmation of Advertisement
The applicant should confirm that the advertisement have been placed as required by filling in Appendix 4 or 5 and faxing it back on the day of the advertisement to the EIA Ordinance Register Office at fax. no. 21470894, together with copies of the advertisements.
5. Further Enquiries
Any further enquiries could be made to the EIA Ordinance Register Office.
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