Environmental Impact Assessment Ordinance

EIA Ordinance

PART II ENVIRONMENTAL IMPACT ASSESSMENT

Certain projects to be designated projects
1. The projects listed in Schedules 2 and 3 are designated projects.
2. The Secretary may by order published in the Gazette amend the lists of designated projects in Schedules 2 and 3 by adding projects to or removing projects from the lists.
3. The addition of a designated project to Schedule 2 or 3 does not affect an existing project---
  1. if the existing project has been approved, permitted or authorized, or consented to, by the Government or a statutory authority under an Ordinance specified by the Secretary in the order amending the Schedule; or
  2. if construction of the project commences within 6 months of the addition of the project to the Schedule.
4. The Secretary may after consulting the Director specify in writing as a designated project, contiguous projects which, if taken individually, do not meet the specified levels in Schedule 2 or 3 to qualify as a designated project, and which are proposed by the same person or associated persons, if he is satisfied that the purpose behind the separation of the projects is to avoid the purposes of this Ordinance. The Director must give the person or associated persons who propose or are carrying out the contiguous projects a copy of the specification of the projects as a designated project.
5. A person or associated persons may apply to the Director for confirmation as to whether contiguous projects proposed by him or them are to be treated as designated projects. The Director must advise the person or associated persons within 14 days that the projects are to be treated as a designated project.

Application for brief or permission to apply directly for environmental permit
1. A person who is planning a designated project shall apply to the Director---
  1. for an environmental impact assessment study brief to proceed with an environmental impact assessment study for the project; or
  2. if the requirements of subsection (9), (10) or (11) are relevant, for approval to apply directly for an environmental permit.
2. The applicant shall---
  1. submit the application in the form approved by the Director;
  2. submit a project profile that complies with the technical memorandum;
  3. advertise in the form the Director may require the availability of the project profile on the day following the lodging of the project profile with the Director in a Chinese language daily newspaper and an English language daily newspaper, each of which circulate generally in Hong Kong; and
  4. pay the prescribed application fee.
3. The Director shall inform the Advisory Council on the Environment on the receipt of a project profile and forward a copy of the project profile to it.
4. The Director may within 14 days of receiving the application request the applicant to give further information concerning the project profile or notify the applicant of any defects in the application.
5. If the Director requires further information, the Director may also require the applicant to advertise the availability of the additional information or details relating to the information.
6. The Advisory Council on the Environment and any person may comment on a project profile to the Director on environmental issues covered by the technical memorandum relevant to the designated project within 14 days of its being advertised. The Director is to consider any comments received in drawing up the study brief for the designated project.
7. The Director shall within 45 days of receiving the application or further information under subsection (4)---
  1. issue to the applicant an environmental impact assessment study brief; and
  2. notify the Advisory Council on the Environment that he has issued the environmental impact assessment study brief; or
  3. by notice in writing permit the applicant to apply directly for an environmental permit.
8. The Director is taken to have given his consent for an applicant under subsection (7)(c) to apply directly for an environmental permit if the Director has not given notice in writing refusing permission within 45 days of receiving the application or further information under subsection (4).
9. The Director may permit an applicant to apply directly for an environmental permit if he satisfies the Director, having regard to the project profile, that---
  1. the environmental impact of the project is adequately assessed in an environmental impact assessment report in the register; and
  2. the information and findings of the environmental impact assessment report in the register are still relevant.
10. The Director may permit an applicant to apply directly for an environmental permit for a material change to an exempted project by notice in writing if the applicant satisfies the Director, having regard to the project profile, that the impact of the material change to the project and the mitigation measures described in the project profile meet the requirements of the technical memorandum.
11. The Director may, with the consent of the Secretary, permit an applicant to apply directly for an environmental permit if he satisfies the Director, having regard to the project profile, that the environmental impact of the designated project is unlikely to be adverse and the mitigation measures described in the project profile meet the requirements of the technical memorandum.
12. The Director may impose conditions on a permission to apply directly for an environmental permit that include, without limiting the power to impose any reasonable condition, requirements to be complied with for the issue and holding of an environmental permit for the designated project, but shall be guided by the relevant technical memorandum.

Environmental impact assessment report
1. An applicant shall prepare an environmental impact assessment report in accordance with---
  1. the requirements of the environmental impact assessment study brief; and
  2. the technical memorandum applicable to the assessment.
2. The applicant shall deliver an environmental impact assessment report to the Director for approval and pay the prescribed application fee. The Director may require the applicant to supply sufficient copies of the report so that the Director is able to circulate copies to relevant parties as defined in the technical memorandum.
3. The Director shall, within 60 days of receiving the environmental impact assessment report, decide if the assessment---
  1. meets the requirements of the environmental impact assessment study brief and technical memorandum; or
  2. does not meet the requirements of the environmental impact assessment study brief and technical memorandum.
4. If the Director decides that the environmental impact assessment report meets the requirements of the brief and the technical memorandum, he shall advise the applicant when the report must be exhibited for public inspection, whether the advertisement is to contain any specific material and whether a submission to the Advisory Council on the Environment or its subcommittee is required.
5. The Director is taken to have decided that the environmental impact assessment report meets the requirements of the environmental impact assessment study brief and the technical memorandum if the Director has not given notice in writing that the report does not meet the requirements of the brief and the technical memorandum within 60 days of receiving the report. The applicant is required to submit the number of copies of the report as set out in the brief.
6. If the Director decides that the environmental impact assessment report does not meet the requirements of the brief and the technical memorandum, he shall advise the applicant of the reasons why the report is unacceptable.
7. The applicant shall present his environmental impact assessment report to the Advisory Council on the Environment at the times and places advised by the Director if the applicant is required to submit the report to the Council.

Public inspection of reports
1. The applicant shall as soon as reasonably practicable after he has been notified under section 6(3)(a) that an environmental impact assessment report meets the requirements of the environmental impact assessment study brief---
  1. make the report available in such numbers as the Director may reasonably require at locations approved by the Director for public inspection free of charge for a period of 30 days;
  2. advertise as the Director may require the availability of the report once every 10 days of the period in a Chinese language newspaper and an English language newspaper, each of which circulate generally in Hong Kong; and
  3. provide free of charge sufficient quantities as the Director may require of the report to comply with paragraph (a).
2. The applicant shall set out in the advertisement---
  1. the nature of the designated project and the site where the project is proposed to be carried out;
  2. the period for which, the places at which and the hours during which the report is available for public inspection;
  3. that a member of the public may give the Director written comments on the report before the period of public inspection expires;
  4. the address to which the comments are to be sent; and
  5. any other information that the Director may reasonably require relating to the project.
3. The Director shall require an applicant to readvertise or extend the period of public inspection for up to another 30 days if the applicant fails to comply with any requirement under this Part or a direction that the Director gives to an applicant under this section unless the Director is satisfied that the failure is not significant.
4. The Director shall notify the Advisory Council on the Environment if an environmental impact assessment report is suitable for public inspection.
5. The Advisory Council on the Environment may give any comments it has on the report to the Director within 60 days of its receiving a copy of the report.

Approval of environmental impact assessment report
1. The Director may, within 14 days of the expiry of the public inspection period or the receipt of comments from the Advisory Council on the Environment, whichever is later, ask an applicant in writing to give him the information he requires to decide whether to approve an environmental impact assessment report. The Director shall supply the applicant with one set of written comments received from members of the public and the Advisory Council on the Environment free of charge where comments have been received.
2. The Director shall not make a request for further information where comments have not been submitted to him on the report as a result of the public consultation or from the Advisory Council on the Environment.
3. The Director shall, within 30 days of---
  1. the expiry of the public inspection period;
  2. the receipt of comments from the Advisory Council on the Environment; or
  3. the receipt of information under subsection (1),
  whichever is the later, approve, approve with conditions or reject an environmental impact assessment report for the designated project.
4. The Director is taken to have approved without conditions as environmental impact assessment report if the Director has not given notice in writing rejecting the report or approving it with conditions within 30 days of the happening of the later of the events set out in subsection (3)(a), (b) or (c)
5. The Director shall place an approved environmental impact assessment report on the register.
6. If the Director rejects an environmental impact assessment report, he shall give the applicant the reasons for the rejection.