Environmental Impact Assessment Ordinance

Regulations

  1. Failure to serve notice of appeal or to furnish particulars

    (1) Where an Appeal Board is satisfied that the appellant has failed -

    1. to serve a copy of the notice of appeal on the respondent under section 4(1);

    2. to furnish a statement of particulars to the respondent and the Chairman under section 4(1); or

    3. to furnish further particulars to the respondent under section 5
    the Appeal Board may dismiss the appeal.

  2. (2) Where an Appeal Board is satisfied that the respondent has failed -

    1. to serve a copy of the notice of any of the matters referred to in section 4(2) on the appellant and the Chairman; or

    2. to furnish particulars to the appellant under section 5
    the Appeal Board may allow the appeal.

  1. Record of proceedings

    The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Appeal Board -

    1. the grounds of the appeal;
    2. the name of the appellant;
    3. the name of any person who appears as a witness for the appellant;
    4. the name of any person who appears as a witness for the respondent;
    5. the name of any person summonsed as a witness before the Appeal Board;
    6. the evidence of any person who gives evidence;
    7. the decision of the Appeal Board;
    8. the amount of any sum awarded under section 19 of the Ordinance in respect of the costs of the appeal; and the name of the person in favour of whom the award was made.
  1. Service of notices by Chairman, respondent or appellant

    Any notice or copy of a notice required to be served under this Regulation -

    1. by the Chairman on the appellant or the respondent;
    2. by the respondent on the appellant; or
    3. by the appellant on the respondent,

    may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or to the respondent, as the case may be.




Explanatory Note

This Regulation provides for the regulation of appeals under Part VI of the Environmental Impact Assessment Ordinance and the practice and procedure of the Appeal Board.

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