Environmental Impact Assessment Ordinance

Regulations

  1. Appeal to be conducted in public

    The hearing of an appeal shall be conducted in public unless the Chairman of his own motion, or upon application by any party to the appeal, orders that all or any persons should be excluded from the whole or any part of the hearing.

  1. Representation

    At the hearing of an appeal -

    1. the appellant may be represented by a barrister or solicitor; and

    2. the respondent may be represented by a barrister, solicitor or legal officer.

  1. Abandonment of appeal

    (1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.

    (2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the respondent.

  1. Failure of any party to attend hearing

    (1) If on the date and time fixed for the hearing of an appeal any party to the appeal fails to attend the hearing either in person or by a barrister or solicitor, the Appeal Board may -

    1. if satisfied that the party's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;

    2. proceed to hear the appeal;

    3. in the case of a failure by the appellant to so attend other than by reason of sickness or other reasonable cause, dismiss the appeal.

    (2) Where the appeal is dismissed by the Appeal Board under subsection (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Appeal Board to review its order and the Appeal Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.

    (3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the respondent.

    (4) Where the Appeal Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the respondent notice of the date, time and place in such form as the Director may determine.

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