Technical Memorandum
7. ISSUING ENVIRONMENTAL PERMIT
7.1 The Director will grant an environmental permit to the applicant if an EIA report covering the project has been approved with or without conditions under the Ordinance. For cases where permission is given to the applicant under section 5(9), 5(10) or 5(11) of the Ordinance to proceed directly to apply for environmental permit, the Director will grant an environmental permit if
(a) the applicant satisfies the conditions of approval under section 5(12) of the Ordinance that relate to the issue of environmental permit; and
(b) the applicant is prepared to implement the mitigation measures recommended in the previously approved EIA report referred to by the applicant, or the mitigation measures described in the project profile.
7.2 The Director will use the following criteria in determining the conditions to be imposed in an environmental permit:
(a) the mitigation measures set out in the project profile or the findings and conclusions of the approved EIA report, whichever is applicable;
(b) the conditions of approval of the EIA report;
(c) the conditions of approval for proceeding directly with the application for environmental permit;
(d) the advice given to him by other relevant authorities on matters within their jurisdiction as listed in Section 9 of this technical memorandum; or
(e) the measures that are necessary to meet the relevant guidelines, standards or criteria laid down in this technical memorandum; and
the Director will follow any advice received from the Secretary under Section 10 of this technical memorandum.
7.3 In addition, the following principles shall be followed when setting the conditions:
(a) conditions which would be imposed through other applicable ordinances or regulations shall not normally be imposed in environmental permits issued under the Ordinance;
(b) conditions may be imposed in addition to the requirements laid down in other applicable ordinances upon the advice of the relevant authorities, but this must be in accordance with section 10(8) of the Ordinance. There shall be adequate justification in the EIA report to demonstrate the need for such conditions to reduce the cumulative impacts of the project to avoid the violation of other applicable ordinances or exceedances of any applicable criteria, standards, guidelines or principles as defined in accordance with this technical memorandum.
7.4 Although the requirement for the EIA study for an industrial estate shall relate to the overall environmental impact of the entire estate, the Hong Kong Science and Technology Parks Corporation (HKSTPC) is not held responsible for the EIA studies for individual industrial factories listed as designated projects in the Ordinance. For an environmental permit to be issued to the HKSTPC, the Director shall not set conditions that are not within the control of the HKSTPC. The mitigation measures to be implemented by the HKSTPC shall be laid down in the EIA report. The conditions to be set in the environmental permit for an industrial estate shall not relate to individual factories and shall only be restricted to:
(a) the site formation, reclamation or the construction of the infrastructure of the industrial estate; or
(b) any mitigation measures for which it is the sole responsibility of the HKSTPC or within the control of the HKSTPC to implement during the operational phase.
7.5 The principles and criteria laid down in Section 7.4 shall apply to other statutory corporations similarly empowered by law with providing land for multiple private developments.
7.6 Any refusal of environmental permit shall only be on environmental grounds in accordance with the Ordinance and this technical memorandum, not on land use grounds.
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