Environmental Impact Assessment Ordinance

EIA Ordinance

AN ORDINANCE TO

Mrs. Anson Chan, Acting Governor
4 Febrary 1997

Provide for assessing the impact on the environment of certain projects and proposals, for protecting the environment and for incidental matters.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.


PART I PRELIMINARY

  1. Short title and commencement

(1) This Ordinance may be cited as the Environmental Impact Assessment Ordinance.

(2) (Omitted as spent)

  1. Interpretation

In this Ordinance the expressions defined in Schedule 1 have the meanings set out there.

  1. Application

(1) This Ordinance binds the Government.

(2) Sections 26 and 27 do not have effect to permit proceedings to be taken against, or to impose criminal liability on, the Government or on a person doing anything in the course of carrying out his duties as a public officer in the service of the Government.

(3) If the Director considers that a public officer, in carrying out his duties in the service of the Government, has done, or has omitted to do, something in contravention of this Ordinance, the Director shall, if the act or omission is not immediately terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 362 of 1997)

(4) On receiving a report, the Chief Secretary for Administration shall inquire into the matter and, if his inquiry shows that a public officer is continuing to contravene this Ordinance or is likely to contravene the Ordinance again, the Chief Secretary shall ensure that the best practicable steps are taken to stop the contravention or avoid the recurrence and to remedy any environmental damage that may have occured. (Amended L.N. 362 of 1997)

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