The EIA Mechanism is a tool to assist decision making.
It is a legitimate expectation that recommendations and findings of an EIA will be implemented.
Environmental Permit
Under the EIAO, 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 should submit an application in the prescribed form to the Director of Environmental Protection.
The Director shall make a decision following section 10(2) of the EIAO.
If you want to know more about the matters that may be specified in environmental permit, please click here.
To maximize the flexibility of implementing mitigation meaures, project proponent is strongly advised to critically review the EIA findings, recommendations, and conclusion, together with its implementation schedule. Proponents should satisfy themselves that they would implement all these recommendations and that these undertakings are certain and clear enough to be implemented timely, properly and flexibly.
The EIAO Guidance Note No. 3/2002 - Flexibility and Enforceability of Mitigation Measures Proposed in an EIA Report provides some guiding principles on the approach to assess the recommended environmental mitigation measures in EIA reports. The note also recommends some approaches the project proponent may consider for flexible implementation of the mitigation measures. If you want to read the guidance note, please click here.
Some illustrations are below.
What is an Environmental Monitoring and Audit (EM&A) Programme?
Commonly asked questions over Environmental Monitoring and Audit:
1. What is EM&A?
The work comprises two part as:
Environmental Monitoring is for verification of predictions or the effectiveness of mitigation:
Environmental Audit, including compliance and post-project programme, is to review environmental monitoring data, assess compliance, and identify any remedial works.
For details of EM&A procedures during design, construction & operation, please click here.
2. Is EM&A required for all projects?
No. Section 8.3 of the TM requires full implementation of EM&A in specific circumstances.
3. Is EM&A required during all phases of a project?
The EM&A is a living process throughout the project.
The EM&A works shall adapt flexibly to change of project circumstances, for example, reduction or termination of monitor when works wind down .
Of this, a constant dialogue and feedback among other parties in the work is needed.
Typically the EM&A programme shall be clearly set out in an EM&A Manual, including:
- Technical requirements (monitoring parameters, frequencies, equipment and location)
- Site audit frequencies and requirements
- Reporting requirements
- Complaint investigation procedures
- Event action plans
- Organisation and structure of Environmental Team
- Management and reporting relationship between various parties and EPD
Key Elements of an EM&A programme :
- Baseline Monitoring Pata
- Impact/ compliance monitoring programme
- Action/ Limit & Event/ Action Plan
- Reporting Procedures
- Implementation Mechanism
If you want to know more about the EM&A programme for development projects, please click here.
The following parties are typically involved in the EM&A programme, they are :
- EPD
- Project Proponent
- Independent Environment Checker
- Contractor
- Environmental Team
What kind of EM&A management structure are there ?
Tips to manage contractor
- Financial Incentives/Control via contract management
- Building partnership
- Work closely with Independent Environmental Team Leader andIndependent Environmental Checker
- Proactive site Engineer