Technical Memorandum on Environmental Impact Assessment Process
10. RESOLVING CONFLICTS UNDER SECTION 16(1)(f) OF THE ORDINANCE
- 10.1 The Director may seek and be authorized to follow the advice of the Secretary for cases referred to the Secretary by the Director under the following circumstances:
- (a) where there is likely to be unresolved conflicts on the content of the EIA study brief or the EIA report under section 16(1)(f) of the Ordinance;
- (b) where there is disagreement regarding the EIA findings and conclusions of the report between the Director and other Authorities listed under section 9 of this technical memorandum which requires resolution under section 16(1)(f) of the Ordinance; or
- (c) where the mitigation measures described in the EIA report lead to conflicts which require resolution under section 16(1)(f) of the Ordinance.
- 10.2 In giving such advice, the Secretary shall ensure that the effect of his advice is to protect the environment.
- 10.3 Where the Secretary gives advice following the request under Section 10.1, the Director is required to follow such advice.