Environmental Impact Assessment Ordinance

Technical Memorandum


8.1 The environmental permit may impose requirements for monitoring the environmental impacts of the project for verification of predictions or the effectiveness of measures to mitigate its environmental impacts, whether such impacts occur within or outside the physical boundary of the project. The environmental permit may also impose requirements for the formulation of environmental audit requirements, including any necessary compliance and post-project audit programme, in order to review the environmental monitoring data, assess compliance with regulatory requirements, policies and standards, and identify any remedial works required to redress unacceptable or unanticipated environmental impacts. In determining the need for and the scope of the environmental monitoring and audit programme, the Director shall have regard to the findings and recommendations in an approved EIA report.

8.2 In cases where any exceedances are likely to be limited either in time, space or magnitude and no environmentally sensitive uses shall be adversely affected in the long term, the Director may allow the issue of an environmental permit subject to appropriate conditions.

8.3 Generally implementation of a full environmental monitoring and auditing programme shall be required under the following circumstances:

    (a) the project has the potential of causing environmental impacts which are or are likely to be prejudicial to the health or well being of people, the flora, fauna or ecosystem if the recommended mitigation measures are not properly implemented;

    (b) the project is situated in any area of high conservation value;

    (c) the project involves mitigation measures of which the effectiveness may require a long period to establish, e.g. compensatory planting of trees or mangroves;

    (d) the project involves an unproven technology;

    (e) the project involves unproven mitigation measures;

    (f) an otherwise familiar or routine mitigation measure is proposed for a new or unfamiliar environmental setting;

    (g) the analysis is based on a new technique or model, or there is other uncertainty about design assumptions and/or the conclusions; or

    (h) project scheduling is subject to change such that significant environmental impacts could result.

8.4 The contents of a full environmental monitoring and auditing programme can include but are not limited to, the items listed in Annex 21.