Technical Memorandum
10. RESOLVING CONFLICTS UNDER SECTION 16(1)(f) OF THE ORDINANCE
10.1 The Director may seek and be authorised 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) 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.
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