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The Statutory Environment Impact
Assessment Process > The
Register > Technical Memorandum
on the Environmental Impact Assessment Process > Environmental
Impact Assessment (Appeal Board) Regulation > Offences
and Penalties
Offences
and Penalties
There are two
key types of offences relating to the construction or operation
of a designated project listed in Part I of Schedule 2 or the decommission
of a designated project listed in Part II of Schedule 2, namely;
(a) work conducted
without an environmental permit for the project; or
(b)
work conducted contrary to the conditions, if any, set out in
the permit.
Persons for
whom the designated project is constructed, operated or decommissioned
and who permits the occurrence of such offenses are also liable.
It is also an offence to separate contiguous projects, which collectively
qualify as a designated project, in order to avoid the purpose of
the Ordinance. The maximum penalties for the above offences are
set out in Figure 2D
Types
of Offence |
Maximum
Fines and Imprisonment |
First
Second
Continuing |
$2
million and 6 months
$5 million and 2 years
$10,000 per day |
|
|
Figure
2D : Maximum Penalties for Offences under the EIA Ordinance
Persons
are also liable for offences relating to interference with
the enforcement of the legislation.
|