Environmental Impact Assessment Ordinance

Technical Memorandum


1.1 Citation and Commencement

    1.1.1 This technical memorandum is issued under section 16 of the Environmental Impact Assessment Ordinance (the Ordinance). It may be cited as the Technical Memorandum on Environmental Impact Assessment Process. This technical memorandum supersedes the technical memorandum issued by the then Secretary for Planning, Environment and Lands in 1997 and published in the gazette on 16 May 1997 under section 16 of the Ordinance. This technical memorandum shall come into operation in accordance with section 16(10) of the Ordinance.

    1.2 Application and Scope

      1.2.1 This technical memorandum sets out the principles, procedures, guidelines, requirements and criteria for:

        (a) the technical content of a project profile;

        (b) the technical content of an environmental impact assessment study brief or environmental impact assessment report;

        (c) deciding whether a designated project is environmentally acceptable;

        (d) deciding whether an environmental impact assessment report meets the requirements of the environmental impact assessment study brief;

        (e) deciding whether the Director will permit an applicant to apply directly for an environmental permit under section 5(9), (10) or (11) of the Ordinance;

        (f) resolving conflicts on the content of the environmental impact assessment study brief and the environmental impact assessment report;

        (g) taking advice from other authorities;

        (h) deciding what is a material change, addition or alteration to an environmental impact or to a designated project;

        (i) the issue of environmental permits; and

        (j) the imposition of environmental monitoring and audit requirements for designated projects as conditions in environmental permits.

      1.2.2 This technical memorandum is a guide for the Director in deciding on matters under sections 5, 6, 8, 10, 12, 13 and 14 of the Ordinance. The Director is the Director of Environmental Protection. He will follow this technical memorandum according to the circumstances of a case.

    1.3 Interpretation

      1.3.1 This technical memorandum uses standard scientific terms. Where the Ordinance defines a term, that term applies.