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[接上页] (7) The Director shall within 45 days of receiving the application or further information under subsection (4)- (a) issue to the applicant an environmental impact assessment study brief; and (b) notify the Advisory Council on the Environment that the has issued the environmental impact assessment study brief; or (c) by notice in writing permit the applicant to apply directly for an environmental permit.(8) The Director is taken to have given his consent for an applicant under subsection (7)(c) to apply directly for an environmental permit if the Director has not given notice in writing refusing permission within 45 days of receiving the application or further information under subsection (4). (9) The Director may permit an applicant to apply directly for an environmental permit if he satisfies the Director, having regard to the project profile, that- (a) the environmental impact of the project is adequately assessed in an environmental impact assessment report in the register; and (b) the information and findings of the environmental impact assessment report in the register are still relevant.(10) The Director may permit an applicant to apply directly for an environmental permit for a material change to an exempted project by notice in writing if the applicant satisfies the Director, having regard to the project profile, that the impact of the material change to the project and the mitigation measures described in the project profile meet the requirements of the technical memorandum. (11) The Director may, with the consent of the Secretary, permit an applicant to apply directly for an environmental permit if he satisfies the Director, having regard to the project profile, that the environmental impact of the designated project is unlikely to be adverse and the mitigation measures described in the project profile meet the requirements of the technical memorandum. (12) The Director may impose conditions on a permission to apply directly for an environmental permit that include, without limiting the power to impose any reasonable condition, requirements to be complied with for the issue and holding of an environmental permit for the designated project, but shall be guided by the relevant technical memorandum. Cap 499 s 6 Environmental impact assessment report (1) An applicant shall prepare an environmental impact assessment report in accordance with- (a) the requirements of the environmental impact assessment study brief; and (b) the technical memorandum applicable to the assessment.(2) The applicant shall deliver an environmental impact assessment report to the Director for approval and pay the prescribed application fee. The Director may require the applicant to supply sufficient copies of the report so that the Director is able to circulate copies to relevant parties as defined in the technical memorandum. (3) The Director shall, within 60 days of receiving the environmental impact assessment report, decide if the assessment- (a) meets the requirements of the environmental impact assessment study brief and technical memorandum; or (b) does not meet the requirements of the environmental impact assessment study brief and technical memorandum.(4) If the Director decides that the environmental impact assessment report meets the requirements of the brief and the technical memorandum, he shall advise the applicant when the report must be exhibited for public inspection, whether the advertisement is to contain any specific material and whether a submission to the Advisory Council on the Environment or its subcommittee is required. (5) The Director is taken to have decided that the environmental impact assessment report meets the requirements of the environmental impact assessment study brief and the technical memorandum if the Director has not given notice in writing that the report does not meet the requirements of the brief and the technical memorandum within 60 days of receiving the report. The applicant is required to submit the number of copies of the report as set out in the brief. (6) If the Director decides that the environmental impact assessment report does not meet the requirements of the brief and the technical memorandum, he shall advise the applicant of the reasons why the report is unacceptable. (7) The applicant shall present his environmental impact assessment report to the Advisory Council on the Environment at the times and places advised by the Director if the applicant is required to submit the report to the Council. Cap 499 s 7 Public inspection of reports (1) The applicant shall as soon as reasonably practicable after he has been notified under section 6(3)(a) that an environmental impact assessment report meets the requirements of the environmental impact assessment study brief- (a) make the report available in such numbers as the Director may reasonably require at locations approved by the Director for public inspection free of charge for a period of 30 days; (b) advertise as the Director may require the availability of the report once every 10 days of the period in a Chinese language newspaper and an English language newspaper, each of which circulate generally in Hong Kong; and |