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The Statutory Process under the Environmental Ordinance

Content > Structure of the Ordinance > Designated Projects > The Statutory Environment Impact Assessment Process > The Register > Technical Memorandum on the Environmental Impact Assessment Process > Environmental Impact Assessment (Appeal Board) Regulation > Offences and Penalties

Designated Projects

Based on more than ten years of experience in conducting environmental assessment studies for over hundreds of major development projects in Hong Kong, a list of designated projects was drawn up for the EIA Ordinance to ensure that projects or proposals that have significant environmental impact are subject to the statutory assessment process.

Designated projects range from large-scale developments such as the construction and operation of infrastructure projects to decommissioning of heavy industrial facilities. No less important are smaller projects that include activities within the sensitive boundaries of gazetted country parks, conservation areas, marine parks or reserves as well as sites of special scientific interest and cultural importance.

Designated projects are structured in two different schedules under the Ordinance.

River Trade Terminal at Tuen Mun
River Trade Terminal at Tuen Mun

Tseung Kwan O Reclamation
Tseung Kwan O Reclamation
Power Station at Penny's Bay
Power Station at Penny's Bay
Hong Kong's first public golf course at Kau Sai Chau
Hong Kong's first public golf course at Kau Sai Chau

Schedule 2 includes roads and railways, port and marine facilities, waterways and drainage works and other major infrastructure, residential and industrial developments. Such projects must follow the EIA process and also obtain environmental permits before work may begin.

Schedule 3 includes mainly engineering feasibility studies of large scale developments that must also follow the statutory EIA process. Such projects require approval of their EIA reports, but are not required to obtain environmental permits.

To cater for changing circumstances and needs, the designated project list may be amended by the Secretary for the Environment and Food by order published in gazette to include any new class of projects as designated projects. This provision was invoked in July 1999 to add a new class of designated project to Schedule 2 that includes theme parks and amusement parks with a site area of more than 20 hectares.

As contiguous projects can collectively qualify as a single designated project, any person can also seek confirmation from the Director under section 4(5) of the Ordinance to avoid possible offences.

SCHEDULE 2 - KEY DESIGNATED PROJECTS REQUIRING ENVIRONMENTAL PERMITS

 

PART I

A. ROADS, RAILWAYS AND DEPOTS
B. AIRPORTS AND PORT FACILITIES
C. RECLAMATION, HYDRAULIC AND MARINE FACILITIES, DREDGING AND DUMPING
D. ENERGY SUPPLY
E. WATER EXTRACTION AND WATER SUPPLY
F. SEWAGE COLLECTION, TREATMENT, DISPOSAL AND REUSE
G. WASTE STORAGE, TRANSFER AND DISPOSAL FACILITIES
H. UTILITY PIPELINES, TRANSMISSION PIPELINES AND SUBSTATIONS
I. WATERWAYS AND DRAINAGE WORKS
J. MINERAL EXTRACTION
K. INDUSTRIAL ACTIVITIES
L. STORAGE, TRANSFER AND TRANS-SHIPMENT OF FUELS
M. AGRICULTURE AND FISHERIES ACTIVITIES
N. COMMUNITY FACILITIES
O. TOURIST AND RECREATIONAL DEVELOPMENTS
P. RESIDENTIAL AND OTHER DEVELOPMENTS
Q. MISCELLANEOUS

PART II

DECOMMISSIONING PROJECTS
Please refer to Appendix I for a full listing of decommissioning projects.

SCHEDULE 3 - MAJOR DESIGNATED PROJECTS REQUIRING ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  1. Engineering feasibility studies of urban development projects with a study area covering more than 20 ha or involving a total population of more than 100,000 residents.
2. Engineering feasibility studies of redevelopment projects with a study area affecting populations of more than 100,000 existing or new residents.
*An amendment to Schedule 2 was added in 1999 to include theme parks and amusement parks with a site area of more than 20 ha.
Figure 2A:Designated Projects listed in the Schedules of the Environmental Impact Assessment Ordinance
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