Environmental Impact Assessment Ordinance

Regulations

ENVIRONMENTAL IMPACT ASSESSMENT
(APPEAL BOARD) REGULATION

(Made under section 32 of the Environmental Impact Assessment
Ordinance after consultation with the
Advisory Council on the Environment)

  1. (Omitted as spent)

  2. Interpretation

    In this Regulation -
    "appellant" (上 訴 人) means a person who lodges a notice of appeal in accordance with section 3;
    "determine" (決 定), in relation to such form as the Director may determine, means set by the Director under section 33 of the Ordinance;
    "respondent" (答 辯 人), in relation to an appeal for the purposes of section 17(1) of the Ordinance, means the Director; and, in relation to an appeal for the purposes of section 17(2) of the Ordinance, means the Secretary.

  3. Form of notice of appeal

    Notice of appeal -

    1. for the purposes of section 17(1) of the Ordinance, in the case of an environmental permit holder or an applicant, shall be in such form as the Director may determine;

    2. for the purposes of section 17(2) of the Ordinance, in the case of a person whose project is specified by the Secretary as a designated project under section 4(4) of the Ordinance, shall be in such form as the Director may determine; and

    3. shall be lodged with the Chairman.

  4. Service of copy of notice of appeal and statement of particulars

    (1) When lodging a notice of appeal under section 3 the appellant shall at the same time serve a copy of such notice on the respondent; and shall at the same time serve on the respondent and the Chairman a statement of particulars which shall include -

    1. the name, address, telephone and facsimile number, if any, of the appellant;

    2. the name, address, telephone and facsimile number, if any, of the appellant's authorized representative;

    3. details of the decision appealed against;

    4. the grounds of appeal;

    5. the name, title, address, telephone and facsimile number, if any, of all proposed witnesses; and

    6. particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the appellant sufficient to ensure that the Appeal Board is fully and fairly informed of the grounds of appeal.

    (2) The respondent shall within 60 days of receipt of a copy of a notice under subsection (1) serve notice on the Chairman and the appellant of -

    1. the name, address, telephone and facsimile number, if any, of the respondent's authorized representative;

    2. the name, title, address, telephone and facsimile number, if any, of all proposed witnesses; and

    3. particulars of the evidence to be given by the witnesses and documents and any other thing to be produced by or on behalf of the respondent sufficient to ensure that the appellant and the Appeal Board are fully and fairly informed of the grounds of opposing the appeal.

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