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The statutory EIA process in Hong Kong is a professional, objective and open system. The Technical Memorandum on EIA Process (TM) and EIA Study Briefs lay down objective and clear principles, procedures, guidelines, requirements and criteria for various EIA matters. The EIAO aims to assess the environmental acceptability of the development proposal submitted by the project proponent.
The Director of Environmental Protection will review in detail the EIA report with comprehensive and careful consideration of the requirements of the EIA Study Brief and the TM, as well as comments on the environment raised by the public and the Advisory Council on the Environment (ACE) during the public inspection period, before making the decision on whether to approve the EIA report.
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The Environmental Impact Assessment Ordinance and the Technical Memorandum on EIA Process (EIAO-TM) set out in detail the principles, procedures, guidelines, and criteria for handling applications under the EIAO. The EIAO-TM can be accessed at: https://www.epd.gov.hk/eia/en/legis/index3.html
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The EIA Study Brief (SB) aims to set out the purposes and objectives of the EIA study, the scope of environmental issues which shall be addressed, the requirements that the EIA study shall need to fulfil, and the necessary procedural and reporting requirements.
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Please refer to 3. Environmental Impact Assessment Study Brief of the EIAO-TM: https://www.epd.gov.hk/eia/en/legis/memorandum/text3.html
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Information on the ACE can be found on its website at: https://www.eeb.gov.hk/en/boards_committees/advisory_council/maincontent.html
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Designated projects are listed under Schedules 2 and 3 of the EIAO. The full list can be accessed at: https://www.elegislation.gov.hk/hk/cap499!en?tab=m&INDEX_CS=N&xpid=ID_1438403274422_002
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The full issuance process of environmental permits is listed under Part III of the EIAO. It can be accessed at: https://www.elegislation.gov.hk/hk/cap499!en?tab=m&INDEX_CS=N&xpid=ID_1438403274032_003
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The public will have the opportunity to be involved at various stages of the statutory EIA process as follows:
(a) Project Profile: on the day following the lodging of the application with the Director, the applicant will be required under the Ordinance to advertise the availability of the project profile. The public and the ACE may comment on the project profile on environmental issues covered by the Technical Memorandum within 14 days; and
(b) Environmental Impact Assessment Report: when the EIA report is considered by the Director to meet the requirements of the EIA study brief and the Technical Memorandum on Environmental Impact Assessment Process, the applicant will be required to advertise the availability of the EIA report and make the EIA report available at specified locations for the public to comment for a period of 30 days. At the same time, the applicant will be advised on whether a submission to the ACE is required. The ACE may give its comments on the EIA report to the Director within a period of 60 days in parallel to the 30 days' public exhibition period.