Environmental Impact Assessment Ordinance

EIA Ordinance


  1. Exemptions

    1. The Chief Executive in Council may, in the public interest, exempt a project from the provisions of this Ordinance by an order published in the Gazette.

    2. The Chief Executive in Council may make the order---

      1. subject to conditions and limitations;

      2. have effect for a period of time; and

      3. be partial in operation with respect to the project or to specified provisions of this Ordinance.

    3. A person who breaches a condition or requirement imposed under an exemption order is deemed to have breached an environmental permit and is subject to the provisions of this Ordinance that apply to the breach of an environmental permit.

      (Amended 34 of 2000 s. 3)

  1. Protection of Government and public officers

    1. A public officer is not personally liable for an act or omission of his if he did it in the honest belief that the act or omission was required or authorized to discharge his functions under this Ordinance.

    2. The protection given to a public officer by subsection (1) for an act or omission does not in any way affect any liability of the Government in tort for the act or omission.

  1. Regulations

    1. The Secretary may, after consultation with the Advisory Council on the Environment, by regulation---

      1. prescribe anything required or permitted to be prescribed under this Ordinance;

      2. prescribe the minimum qualifications and experience of persons undertaking environmental impact assessment studies;

      3. regulate appeals under Part VI and the practice and procedure of the Appeal Board;

      4. generally, provide for the better carrying into effect of the provisions and purposes of this Ordinance.

    2. A regulation for the payment of fees may provide for different fees to be charged according to different circumstances.

  1. Power of Director to set forms

    1. The Director may set the form of a document required under this Ordinance.

    2. The Director's power under subsection (1) is subject to any express requirement under this Ordinance for a form to comply with the requirement.

    3. The Director may include in a form a statutory declaration to be made by the person completing the form confirming that the particulars contained in the form are correct to the best of the person's knowledge.

  1. Service of notices

    A notice to be served under this Ordinance may be served by registered post or by serving a copy personally.