【法规名称】
【法规编号】 79130 什么是编号？
【正 文】
第4页 CAP 499 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
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[接上页] Cap 499 s 10 Application for environmental permit (1) A person who wishes to have constructed, construct or operate a designated project listed in Part I of Schedule 2 or to decommission a designated project listed in Part II of Schedule 2 shall- (a) apply to the Director for an environmental permit in the form approved by the Director; and (b) refer to an environmental impact assessment report on the register in the application for an environmental permit; or (c) submit an environmental impact assessment report prepared under section 6 with the application; or (d) refer to the permission under section 5(9), (10) and (11) to apply directly for an environmental permit and the conditions under section 5(12); and (e) pay the prescribed application fee.(2) In granting or refusing an environmental permit, the Director shall have regard to- (a) the approved environmental impact assessment report on the register; (b) the attainment and maintenance of an acceptable environmental quality; (c) whether the environmental impact caused or experienced by the designated project is or is likely to be prejudicial to the health or well being of people, flora, fauna or ecosystems; (d) any relevant technical memorandum; (e) any environmental impact assessment report approved under this Ordinance or any conditions in an approval; and (f) the comments, if any, submitted to him under section 7 on the report.(3) The Director shall advise the applicant and the Advisory Council on the Environment, where it has been consulted under section 6(7), of the grant or refusal of the environmental permit within 30 days of the later of- (a) the receipt of the application; (b) the expiry of the public inspection period of the environmental impact assessment report under section 7; (c) the receipt of comments from the Advisory Council on the Environment on the environmental impact assessment report; or (d) the receipt of information under section 8(1).(4) The Director is taken to have granted without conditions an environmental permit if the Director has not given notice in writing rejecting the permit or approving it with conditions within 30 days of the happening of the later of the events set out in subsection (3)(a), (b), (c) or (d). (5) The Director may issue an environmental permit subject to the conditions, if any, as the Director thinks fit and specifies in the permit. (6) Without limiting the general nature of conditions which the Director may include in an environmental permit, he may include conditions relating to the matters set out in Schedule 4 but shall be guided by the relevant technical memorandum. (7) A condition specified in an environmental permit may be subject to a qualification, restriction or requirement concerning the location, time or period of the condition's application. (8) The Director shall not specify in an environmental permit conditions that might be included in approval of any nature under another pollution control Ordinance unless- (a) the conditions are necessary to meet the requirements of the technical memorandum or the environmental impact assessment study brief; and (b) the environmental impact assessment report approved for the project or the conditions on which the applicant was allowed to apply directly for an environmental permit under section 5 specified expressly that the environmental permit may include the conditions.(9) If the environmental permit is refused, the Director shall advise the applicant and give the reasons why the permit is refused. Cap 499 s 11 Surrender of permit A person who is issued with an environmental permit may surrender the whole or a part of the permit after ceasing to be responsible for implementing the whole or a part of the project. Cap 499 s 12 Issue of further environmental permit for a project (1) Where responsibility for a designated project for which an environmental permit has been issued changes while the environmental permit is still in force, the person who assumes responsibility of the designated project shall before he assumes the responsibility apply for and obtain an environmental permit for the whole or a part of the project. (2) A person applying for a further environmental permit under this section is not required to submit an environmental impact assessment report where he satisfies the Director that there has been no material change to the designated project since the previous environmental permit was issued. (3) The Director shall issue an environmental permit to an applicant under this section within 30 days of receipt of the application if he is satisfied that- (a) there has been no material change to the designated project since the previous environmental permit was issued; and (b) the information and findings of the environmental impact assessment report, if any, are still relevant and adequate.(4) The Director is taken to have issued a further environmental permit on the same conditions as the previous environmental permit if the Director has not given notice in writing rejecting the application or approving it with conditions within 30 days of the receipt of the application. |
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