【法规名称】
【法规编号】 79130 什么是编号？
【正 文】
CAP 499 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
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An Ordinance to provide for assessing the impact on the environment of certain projects and proposals, for protecting the environment and for incidental matters. [1 April 1998] L.N. 70 of 1998 (Originally 9 of 1997) Cap 499 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Environmental Impact Assessment Ordinance. (2) (Omitted as spent) Cap 499 s 2 Interpretation In this Ordinance the expressions defined in Schedule 1 have the meanings set out there. Cap 499 s 3 Application (1) This Ordinance binds the Government. (2) Sections 26 and 27 do not have effect to permit proceedings to be taken against, or to impose criminal liability on, the Government or on a person doing anything in the course of carrying out his duties as a public officer in the service of the Government. (3) If the Director considers that a public officer, in carrying out his duties in the service of the Government, has done, or has omitted to do, something in contravention of this Ordinance, the Director shall, if the act or omission is not immediately terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 362 of 1997) (4) On receiving a report, the Chief Secretary for Administration shall inquire into the matter and, if his inquiry shows that a public officer is continuing to contravene this Ordinance or is likely to contravene the Ordinance again, the Chief Secretary for Administration shall ensure that the best practicable steps are taken to stop the contravention or avoid the recurrence and to remedy any environmental damage that may have occurred. (Amended L.N. 362 of 1997) Cap 499 s 4 Certain projects to be designated projects PART II ENVIRONMENTAL IMPACT ASSESSMENT (1) The projects listed in Schedules 2 and 3 are designated projects. (2) The Secretary may by order published in the Gazette amend the lists of designated projects in Schedules 2 and 3 by adding projects to or removing projects from the lists. (3) The addition of a designated project to Schedule 2 or 3 does not affect an existing project- (a) if the existing project has been approved, permitted or authorized, or consented to, by the Government or a statutory authority under an Ordinance specified by the Secretary in the order amending the Schedule; or (b) if construction of the project commences within 6 months of the addition of the project to the Schedule.(4) The Secretary may after consulting the Director specify in writing as a designated project, contiguous projects which, if taken individually, do not meet the specified levels in Schedule 2 or 3 to qualify as a designated project, and which are proposed by the same person or associated persons, if he is satisfied that the purpose behind the separation of the projects is to avoid the purposes of this Ordinance. The Director must give the person or associated persons who propose or are carrying out the contiguous projects a copy of the specification of the projects as a designated project. (5) A person or associated persons may apply to the Director for confirmation as to whether contiguous projects proposed by him or them are to be treated as designated projects. The Director must advise the person or associated persons within 14 days that the projects are to be treated as a designated project. Cap 499 s 5 Application for brief or permission to apply directly for environmental permit (1) A person who is planning a designated project shall apply to the Director- (a) for an environmental impact assessment study brief to proceed with an environmental impact assessment study for the project; or (b) if the requirements of subsection (9), (10) or (11) are relevant, for approval to apply directly for an environmental permit.(2) The applicant shall- (a) submit the application in the form approved by the Director; (b) submit a project profile that complies with the technical memorandum; (c) advertise in the form the Director may require the availability of the project profile on the day following the lodging of the project profile with the Director in a Chinese language daily newspaper and an English language daily newspaper, each of which circulate generally in Hong Kong; and (d) pay the prescribed application fee.(3) The Director shall inform the Advisory Council on the Environment on the receipt of a project profile and forward a copy of the project profile to it. (4) The Director may within 14 days of receiving the application request the applicant to give further information concerning the project profile or notify the applicant of any defects in the application. (5) If the Director requires further information, the Director may also require the applicant to advertise the availability of the additional information or details relating to the information. (6) The Advisory Council on the Environment and any person may comment on a project profile to the Director on environmental issues covered by the technical memorandum relevant to the designated project within 14 days of its being advertised. The Director is to consider any comments received in drawing up the study brief for the designated project. |
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