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

The Statutory Environment Impact Assessment Process

The statutory process is outlined in Figure 2B and the key steps involved are highlighted below.

1. Application for Study Brief or Permission to Apply for Directly for an Environmental Permit

Any designated project begins its environmental assessment by submitting a project profile containing the project details to the Director of the Environmental Protection Department along with an application for a study brief or for permission to apply directly for an environmental permit.

The latter case is a fast-track provision for projects that fall within either one of the following three circumstances:

a) The impact of the project has been adequately addressed in a previous EIA report that is placed on the Register and the information and finding are still relevant. [section5(9) of the Ordinance]

b) A material change to an exempted designated project, on review of its project profile containing mitigation measures, can still meet the requirements of the technical memorandum. [section 5(10) of the Ordinance]

c) The impact of the project is unlikely to be adverse and the mitigation measures described in the project profile meet the requirements of the technical memorandum [section 5(11) of the Ordinance]

2. Public Inspection

Typical project profile submitted by applicant for public inspection

The availability of the project profile is advertised to the public and the Advisory Council on the Environment, who may send written comments during the 14-day inspection period to the Director of the Environmental Protection Department who decides the scope of the EIA study brief or conditions attached to the permission subsequently granted.

If the project profile submitted is found to be deficient, the applicant may be asked to re-advertise any further information supplied.

3. Issue of Study Brief or Permission to Apply Directly for an Environmental Permit

With the issue of a study brief, the applicant may begin the environmental impact assessment study according to the requirements set out in the study brief and the technical memorandum on the environmental impact assessment process.

On the other track, if permission to apply directly for an environmental permit is granted for the project, the applicant may proceed with the application for a permit after complying with any conditions imposed along with the permission.

4. Application for Approval of EIA Report

After completing an EIA report containing various assessment results and mitigation measures for the environmental impacts the project may create during construction, operation or decommissioning, including alternative options for the project, the applicant may submit the report to the Director along with the application for approval.

During the review of the report, the Director will, in accordance with requirements set out in the technical memorandum, seek advice from the relevant government authorities on relevant matters.

5. Public Inspection of EIA Report

Once it has been determined that the EIA report meets all necessary requirements, it is made available for public review and comment, this time for 30 days. Concurrently, the Advisory Council on the Environment is given 60 days to review the report and provide its comments. If required, the Director may request the applicant to provide further information he may require for his decision on the report. Finally, the Director makes his decision on approval of the EIA report based on the report, the comments received and any further information forwarded by the applicant.

6. Application for Environmental Permit

When an EIA report is approved, the applicant may apply for an environmental permit. The permit contains a series of environmental conditions to be undertaken by the applicant for the protection of the environment in relation to the project. Conditions may include proactive measures to avoid environmental damages, mitigation measures identified in the report or monitoring and auditing requirements to ensure the environmental performance of the project meets acceptable standards.

7. Further Environmental Permits

To ensure that the implementation of environmental permit conditions is treated as a continuous commitment, the issue of further environmental permits make possible the transfer and sharing of this responsibility between the project proponents and their agents or other parties.

8. Variation of Environmental Permit Conditions

A variation of environmental permit conditions can be applied for by the applicant to deal with changes in the project. The Director may permit these changes if the project still complies with the technical memorandum but may call for an environmental impact assessment if material change is identified.

9. Surrender of Environmental Permit

A permit holder may surrender the whole or a part of the permit after ceasing to be responsible for implementing that particular part of the project.

The time limits for processing the different types of applications by various parties are described in Figure 2C: