Environment Protection  DepartmentThe Operation of Environmental Impact Assessment Ordinance in Hong Kong
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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

Offences and Penalties

There are two key types of offences relating to the construction or operation of a designated project listed in Part I of Schedule 2 or the decommission of a designated project listed in Part II of Schedule 2, namely;

(a) work conducted without an environmental permit for the project; or
(b) work conducted contrary to the conditions, if any, set out in the permit.

Persons for whom the designated project is constructed, operated or decommissioned and who permits the occurrence of such offenses are also liable. It is also an offence to separate contiguous projects, which collectively qualify as a designated project, in order to avoid the purpose of the Ordinance. The maximum penalties for the above offences are set out in Figure 2D

Types of Offence Maximum Fines and Imprisonment
$2 million and 6 months
$5 million and 2 years

$10,000 per day
Figure 2D : Maximum Penalties for Offences under the EIA Ordinance

Persons are also liable for offences relating to interference with the enforcement of the legislation.

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