Technical Memorandum
7. ISSUING ENVIRONMENTAL PERMIT
7.1 The Director will grant an environmental permit to the applicant
if an EIA report covering the project has been approved with or without
conditions under this Ordinance. For cases where permission is given to
the applicant under section 5(9), 5(10) or 5(11) of the Ordinance to proceed
directly to apply for environmental permit, the Director will grant an
environmental permit if
(a) the applicant satisfies the conditions of approval under section 5(12)
of the Ordinance that relate to the issue of environmental permit; and
(b) is prepared to implement the mitigation measures recommended in the
previously approved EIA report referred to by the applicant, or the mitigation
measures described in the project profile.
7.2 The Director will use the following criteria in determining the conditions
to be imposed in an environmental permit:
(a) the mitigation measures set out in the project profile or the findings
and conclusions of the approved EIA report, whichever is applicable;
(b) the conditions of approval of the EIA report;
(c) the conditions of approval for proceeding directly with the application
for environmental permit;
(d) the advice given to him by other relevant authorities on matters within
their jurisdiction as listed in Section 9 of this technical memorandum,
or
(e) the measures that are necessary to meet the guidelines, standards
or criteria laid down in this technical memorandum; and
the Director will follow any advice received from the Secretary under
Section 10 of this technical memorandum.
7.3 In addition, the following principles shall be followed when setting
the conditions:
(a) conditions which would be imposed through other applicable ordinances
or regulations shall not normally be imposed in environmental permits
issued under the Environmental Impact Assessment Ordinance;
(b) conditions may be imposed in addition to the requirements laid down
in other applicable ordinances upon the advice of the relevant authorities,
but this must be in accordance with section 10(8) of the Ordinance. There
shall be adequate justification in the EIA report to demonstrate the need
for such conditions to reduce the cumulative impacts of the project to
avoid the violation of other applicable ordinances or exceedances of any
applicable criteria, standards, guidelines or principles as defined in
accordance with this technical memorandum.
7.4 Although the requirement for the EIA study for an industrial estate
shall relate to the overall environmental impact of the entire estate,
the Hong Kong Industrial Estates Corporation (HKIEC) is not held responsible
for the EIA studies for individual industrial factories listed as designated
projects in the Ordinance. For an environmental permit to be issued to
the HKIEC, the Director shall not set conditions that are not within the
control of the Corporation. The mitigation measures to be implemented
by the HKIEC shall be laid down in the EIA report. The conditions to be
set in the environmental permit for an industrial estate shall not relate
to individual factories and shall only be restricted to:
(a) the site formation, reclamation or the construction of the infrastructure
of the industrial estate; or
(b) any mitigation measures for which it is the sole responsibility of
the Hong Kong Industrial Estates Corporation or within the control of
the corporation to implement during the operational phase.
7.5 The principles and criteria laid down in Section 7.4 shall apply
to other statutory Corporations similarly empowered by law with providing
land for multiple private developments.
7.6 Any refusal of environmental permit shall only be on environmental
grounds in accordance with the ordinance and this technical memorandum,
not on land use grounds.
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