Technical Memorandum
3. ENVIRONMENTAL IMPACT ASSESSMENT STUDY BRIEF
3.1 The EIA study brief sets out the purposes and objectives of the EIA study, the scope of environmental issues which shall be addressed, the requirements that the EIA study shall need to fulfil, and the necessary procedural and reporting requirements. The methodologies or approaches that the EIA study needs to follow, or the matters that the EIA study shall take into account, may be prescribed.
3.2 In setting out the scope of the environmental issues to be addressed, the Director shall have due regard to the factors listed in Annex 3, other guidelines and criteria laid down in this technical memorandum, and the following criteria in limiting the scope of the EIA study:
(a) the scope of issues must be relevant to the project by virtue of its type, scale and location, or the likely emissions, discharges, waste generation, destruction, alteration or environmental changes that may result from the project;
(b) previous relevant EIA and environmental studies have identified such issues as being of relevance to the project and of having the potential for causing adverse environmental impacts;
(c) the issues under consideration have been causes of environmental complaints in the past;
(d) experiences on actual implementation of similar projects, scientific researches or overseas experiences show that a particular aspect of the project has potential to cause serious environmental effects.
3.3 The EIA study brief shall define the purposes, objectives and detailed requirements of the study and indicate the scope of issues, the timeframe of environmental issues, and the framework in which the applicant shall carry out an EIA study to meet the relevant requirements laid down in this technical memorandum. The study brief may stipulate the geographic and temporal boundaries of the assessment.
3.4 For a designated project under Item Q.1 of Part I of Schedule 2 to the Ordinance (i.e. a project involving works partly or wholly in the environmental sensitive areas mentioned in Item Q.1), which is not otherwise a designated project listed in items A to P of Schedule 2 to the Ordinance, the EIA study brief shall set out in such a way that the assessments and derivation of mitigation measures will focus on the environmental implications of the project on the environmental sensitive areas.
3.5 The EIA study brief may set out issues relating to the combined impacts of the entire project or the cumulative impacts of the existing, committed and planned developments in the vicinity of the project, but such issues shall be limited to those that may have a bearing on the environmental acceptability of the project. Such assessment shall be based on the best available information at the time of the assessment. Such information shall be that which the applicant has access to or is as provided or referred to by the Director in the EIA study brief.
3.6 The EIA study brief shall be limited to those issues for which compliance with the relevant guidelines or criteria in this technical memorandum has not been demonstrated or where there are doubts about their compliance with the relevant guidelines or criteria in this technical memorandum.
3.7 Where necessary, the Director may prescribe in the EIA study brief the assessment methodologies which are necessary for sound assessment of certain issues listed in the brief.
3.8 The EIA study brief may cover more than one designated project. The applicant shall state in the project profile the number and types of designated projects that shall be covered by the same EIA study.
3.9 The EIA study brief shall set out the duration of the validity of the study brief.
3.10 The Director shall specify the number of copies of the EIA reports and executive summaries and other reporting requirements, including any necessary appendix report, for the purpose of submission of the EIA report for approval, for the public exhibition of the EIA report, for the submission to the Advisory Council on the Environment where applicable, and for depositing the EIA report and the executive summary in the register. Generally, the number of copies of the EIA report, executive summary, other relevant or appendix reports required to be made available by the applicant free of charge is as set out below:
(a) for the purpose of review of the EIA report by the Director and other relevant departments, 30 copies of the EIA report and 50 copies of the executive summary may be required;
(b) for the purpose of public inspection of the report and the deposition of the report in the register, 40 copies of the EIA report and 80 copies of the executive summary may be required;
(c) for the purpose of consultation with the Advisory Council on the Environment, 20 copies of the EIA report and 50 copies of the executive summary may be required; and
(d) the number of reports as required by the relevant District Councils or other government consultative bodies.
3.11 Subject to the payment by the interested parties of the full costs of printing the EIA report and executive summary, the applicant is required to make additional copies available to interested parties.
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