Environmental Impact Assessment Ordinance

EIA Ordinance

PART III ENVIRONMENTAL PERMITS

Prohibition against carrying out designated project unless environmental permit has been issued, etc.
1. A person shall not construct or operate a designated project listed in Part I of Schedule 2 or decommission a designated project listed in Part II of Schedule 2---
  1. without an environmental permit for the project; or
  2. contrary to the conditions, if any, set out in the permit.
2. A project listed in Part I of Schedule 2 that has
  1. had planning permission granted by the Town Planning Board under section 16 of the Town Planning Ordinance (Cap. 131);
  2. had consent granted to commence building works by the Building Authority under the Buildings Ordinance (Cap. 123);
  3. had reclamation authorized under the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127);
  4. had road works authorized under the Roads (Works, Use and Compensation) Ordinance (Cap. 370);
  5. been approved as a new development under the Country Parks Ordinance (Cap. 208) or the Marine Parks Ordinance (Cap. 476);
  6. been authorized under the Water Pollution Control (Sewerage) Regulation (Cap. 358 sub. leg.)
  7. commenced construction, or been in operation,
  before this Ordinance comes into operation is exempt from the provisions of this Ordinance so far as the construction and operation of the project is concerned.
3. A project listed in Part II of Schedule 2 and the demolition plan of which has been approved by the Building Authority under the Buildings Ordinance (Cap. 123) before this Ordinance comes into operation, is exempt from the provisions of this Ordinance so far as the decommissioning of the project is concerned.
4. A material change to an exempted project is subject to this Ordinance and requires an environmental permit unless subsequently exempted under this Ordinance.
5. The inclusion of a class of projects in Schedule 3 does not exempt the construction, operation or decommissioning of the whole or any part of the project from the need to have an environmental permit.

Application for environmental permit
1. A person who wishes to have constructed, construct or operate a designated project listed in Part I of Schedule 2 or to decommission a designated project listed in Part II of Schedule 2 shall---
  1. apply to the Director for an environmental permit in the form approved by the Director; and
  2. refer to an environmental impact assessment report on the register in the application for an environmental permit; or
  3. submit an environmental impact assessment report prepared under section 6 with the application; or
  4. refer to the permission under section 5(9), (10) and (11) to apply directly for an environmental permit and the conditions under section 5(12); and
  5. pay the prescribed application fee.
2. In granting or refusing an environmental permit, the Director shall have regard to---
  1. the approved environmental impact assessment report on the register;
  2. the attainment and maintenance of an acceptable environmental quality;
  3. whether the environmental impact caused or experienced by the designated project is or is likely to be prejudicial to the health or well being of people, flora, fauna or ecosystems;
  4. any relevant technical memorandum;
  5. any environmental impact assessment report approved under this Ordinance or any conditions in an approval; and
  6. the comments, if any, submitted to him under section 7 on the report.
3. The Director shall advise the applicant and the Advisory Council on the Environment, where it has been consulted under section 6(7), of the grant or refusal of the environmental permit within 30 days of the later of---
  1. the receipt of the application;
  2. the expiry of the public inspection period of the environmental impact assessment report under section 7;
  3. the receipt of comments from the Advisory Council on the Environment on the environmental impact assessment report; or
  4. the receipt of information under section 8(1).
4. The Director is taken to have granted without conditions an environmental permit if the Director has not given notice in writing rejecting the permit or approving it with conditions within 30 days of the happening of the later of the events set out in subsection (3)(a), (b), (c) or (d).
5. The Director may issue an environmental permit subject to the conditions, if any, as the Director thinks fit and specifies in the permit.
6. Without limiting the general nature of conditions which the Director may include in an environmental permit, he may include conditions relating to the matters set out in Schedule 4 but shall be guided by the relevant technical memorandum.
7. A condition specified in an environmental permit may be subject to a qualification, restriction or requirement concerning the location, time or period of the condition's application.
8. The Director shall not specify in an environmental permit conditions that might be included in approval of any nature under another pollution control Ordinance unless---
  1. the conditions are necessary to meet the requirements of the technical memorandum or the environmental impact assessment study brief; and
  2. the environmental impact assessment report approved for the project or the conditions on which the applicant was allowed to apply directly for an environmental permit under section 5 specified expressly that the environmental permit may include the conditions.
9. If the environmental permit is refused, the Director shall advise the applicant and give the reasons why the permit is refused.

Surrender of permit

A person who is issued with an environmental permit may surrender the whole or a part of the permit after ceasing to be responsible for implementing the whole or a part of the project.

Issue of further environmental permit for a project
1. Where responsibility for a designated project for which an environmental permit has been issued changes while the environmental permit is still in force, the person who assumes responsibility of the designated project shall before he assumes the responsibility apply for and obtain an environmental permit for the whole or a part of the project.
2. A person applying for a further environmental permit under this section is not required to submit an environmental impact assessment report where he satisfies the Director that there has been no material change to the designated project since the previous environmental permit was issued.
3. The Director shall issue an environmental permit to an applicant under this section within 30 days of receipt of the application if he is satisfied that---
  1. there has been no material change to the designated project since the previous environmental permit was issued; and
  2. the information and findings of the environmental impact assessment report, if any, are still relevant and adequate.
4. The Director is taken to have issued a further environmental permit on the same conditions as the previous environmental permit if the Director has not given notice in writing rejecting the application or approving it with conditions within 30 days of the receipt of the application.
5. An applicant under this section shall apply in the form approved by the Director and shall pay the prescribed application fee.
6. The Director may exempt a designated project from the requirement to be further subject to an environmental permit if---
  1. an environmental permit has been issued for the designated project and the terms of the environmental permit have been complied with; and
  2. the designated project is not subject to any conditions under the environmental permit that are of an on-going nature and require monitoring or other compliance.
7. A material change to a designated project exempted under subsection (6) is subject to the provisions of this Ordinance and requires an environmental permit unless subsequently exempted under this Ordinance.

Application for variation of an environmental permit
1. The person holding an environmental permit or a person who assumes responsibility for a designated project the subject of an environmental permit may apply for a variation of the conditions of the environmental permit.
2. The Director shall notify the applicant for a variation of an environmental permit within 30 days of the receipt of an application whether he requires the applicant to submit an environmental impact assessment report for the variations sought.
3. The Director is taken not to require an environmental impact assessment report for the variations sought if the Director does not notify the applicant within 30 days of the receipt of the application.
4. If the Director requires an applicant to submit an environmental impact assessment report, sections 5, 6, 7 and 8 apply to the report and assessment.
5. The Director may amend the environmental permit without calling for an environmental impact assessment report if the applicant satisfies him that---
  1. there is no material change to the environmental impact of the project with the mitigation measures in place; and
  2. the project complies with the requirements described in the technical memorandum.
6. An applicant under this section shall apply in the form approved by the Director and shall pay the prescribed application fee.

Cancellation or variation of environmental permit by the Director
1. The Director may, with the consent of the Secretary, suspend, vary or cancel an environmental permit if he is satisfied that---
  1. on the application for the environmental permit the applicant gave---
    1. misleading information;
    2. wrong information;
    3. incomplete information; or
    4. false information; or
  2. the applicant is no longer able to comply with the conditions of the environmental permit.
2. The Director shall give written notice of his decision to suspend, vary or cancel an environmental permit under this section together with the reasons for the suspension, variation or cancellation and the conditions on which the permit can be reinstated.
3. The Chief Executive in Council may suspend, vary or cancel an environmental permit if he is satisfied that the continuation of the designated project is, or is likely to be more prejudicial to the health and well being of people, flora, fauna or ecosystems than expected at the time of issuing the environmental permit. (Amended 34 of 2000 s.3)
4. The Chief Executive in Council shall give the reasons for the suspension, variation or cancellation and the conditions on which the permit can be reinstated. (Amended 34 of 2000 s.3)
5. In this section, "vary" (更改)includes to delete, modify or add to the conditions of an environmental permit.