Environmental Impact Assessment Ordinance

EIA Ordinance


  1. Technical memorandum

    1. The Secretary may issue technical memorandums setting out principles, procedures, guidelines, requirements and criteria for---

      1. the technical content of a project profile;

      2. the technical content of an environmental impact assessment study brief or environmental impact assessment report;

      3. deciding whether a designated project is environmentally acceptable;

      4. deciding whether an environmental impact assessment report meets the requirements of the environmental impact assessment study brief;

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

      6. resolving conflicts on the content of the environmental impact assessment study brief and the environmental impact assessment report;

      7. taking advice from other authorities;

      8. deciding what is a material change, addition or alteration to an environmental impact or to a designated project;

      9. the issue of environmental permits;

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

    2. A technical memorandum may require or authorize the Director to follow the advice of the Secretary.

    3. In giving advice pursuant to a technical memorandum, the Secretary shall ensure that the effect of his advice is to protect the environment.

    4. The Director shall be guided by all applicable technical memorandums when deciding on matters under sections 5, 6, 8, 10, 12, 13 and 14.

    5. A technical memorandum is to be published in the Gazette and laid on the table of the Legislative Council at the next sitting after its publication.

    6. The Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days of the sitting at which a technical memorandum was laid on the table of the Legislative Council, repeal the technical memorandum.

    7. If the period for debate would but for this subsection expire---

      1. after the end of a session of the Legislative Council or a dissolution; but

      2. on or before the day of the second sitting of the Legislative Council in the next session,

      the period extends to and expires on the day after that second sitting.

    8. Before the expiry of the period for debate, the Legislative Council may by resolution for a specified technical memorandum extend the period to the next sitting.

    9. A resolution passed by the Legislative Council in accordance with this section is to be published in the Gazette within 14 days of its passing or within the further period the Chief Executive may allow in a particular case. (Amended 34 of 2000 s. 3)

    10. A technical memorandum issued under this section is to come into operation on the expiry of the period for debate of the technical memorandum in the Legislative Council.

    11. In this section, "sitting", (會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper.

    12. A technical memorandum is not subsidiary legislation.