Environmental Impact Assessment Ordinance

Technical Memorandum

10. RESOLVING CONFLICTS UNDER SECTION 16(1)(f) OF THE ORDINANCE

10.1 The Director may seek and be authorized to follow the advice of the Secretary for cases referred to the Secretary by the Director under the following circumstances:

    (a) where there is likely to be unresolved conflicts on the content of the EIA study brief or the EIA report under section 16(1)(f) of the Ordinance;

    (b) where there is disagreement regarding the EIA findings and conclusions of the report between the Director and other Authorities listed under section 9 of this technical memorandum which requires resolution under section 16(1)(f) of the Ordinance; or

    (c) where the mitigation measures described in the EIA report lead to conflicts which require resolution under section 16(1)(f) of the Ordinance.

10.2 In giving such advice, the Secretary shall ensure that the effect of his advice is to protect the environment.

10.3 Where the Secretary gives advice following the request under Section 10.1, the Director is required to follow such advice.

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