【法规名称】
【法规编号】 79130 什么是编号？
【正 文】
第5页 CAP 499 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
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[接上页] (5) An applicant under this section shall apply in the form approved by the Director and shall pay the prescribed application fee. (6) The Director may exempt a designated project from the requirement to be further subject to an environmental permit if- (a) an environmental permit has been issued for the designated project and the terms of the environmental permit have been complied with; and (b) the designated project is not subject to any conditions under the environmental permit that are of an on-going nature and require monitoring or other compliance.(7) A material change to a designated project exempted under subsection (6) is subject to the provisions of this Ordinance and requires an environmental permit unless subsequently exempted under this Ordinance. Cap 499 s 13 Application for variation of an environmental permit (1) The person holding an environmental permit or a person who assumes responsibility for a designated project the subject of an environmental permit may apply for a variation of the conditions of the environmental permit. (2) The Director shall notify the applicant for a variation of an environmental permit within 30 days of the receipt of an application whether he requires the applicant to submit an environmental impact assessment report for the variations sought. (3) The Director is taken not to require an environmental impact assessment report for the variations sought if the Director does not notify the applicant within 30 days of the receipt of the application. (4) If the Director requires an applicant to submit an environmental impact assessment report, sections 5, 6, 7 and 8 apply to the report and assessment. (5) The Director may amend the environmental permit without calling for an environmental impact assessment report if the applicant satisfies him that- (a) there is no material change to the environmental impact of the project with the mitigation measures in place; and (b) the project complies with the requirements described in the technical memorandum.(6) An applicant under this section shall apply in the form approved by the Director and shall pay the prescribed application fee. Cap 499 s 14 Cancellation or variation of environmental permit by the Director Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) The Director may, with the consent of the Secretary, suspend, vary or cancel an environmental permit if he is satisfied that- (a) on the application for the environmental permit the applicant gave- (i) misleading information; (ii) wrong information; (iii) incomplete information; or (iv) false information; or(b) the applicant is no longer able to comply with the conditions of the environmental permit.(2) The Director shall give written notice of his decision to suspend, vary or cancel an environmental permit under this section together with the reasons for the suspension, variation or cancellation and the conditions on which the permit can be reinstated. (3) The Chief Executive in Council may suspend, vary or cancel an environmental permit if he is satisfied that the continuation of the designated project is, or is likely to be more prejudicial to the health and well being of people, flora, fauna or ecosystems than expected at the time of issuing the environmental permit. (Amended 34 of 2000 s. 3) (4) The Chief Executive in Council shall give the reasons for the suspension, variation or cancellation and the conditions on which the permit can be reinstated. (Amended 34 of 2000 s. 3) (5) In this section, "vary" (更改) includes to delete, modify or add to the conditions of an environmental permit. Cap 499 s 15 The register PART IV THE REGISTER (1) The Director shall keep a register in the form he determines containing details of- (a) project profiles he receives; (b) environmental impact assessment study briefs he issues; (c) his decisions on the applications for permission to apply directly for an environmental permit under section 5(9), (10) or (11); (d) environmental impact assessment reports he receives; (e) his decisions on the environmental impact assessment reports; (f) environmental impact assessment reports he held prior to the commencement of this Ordinance; (g) applications for environmental permits; (h) his decisions on the applications for environmental permits; (i) matters required by regulations.(2) The register is open for inspection by the public (free of charge) during normal office hours at the places the Director determines. Cap 499 s 16 Technical memorandum PART V TECHNICAL MEMORANDUM (1) The Secretary may issue technical memorandums setting out principles, procedures, guidelines, requirements and criteria for- (a) the technical content of a project profile; (b) the technical content of an environmental impact assessment study brief or environmental impact assessment report; (c) deciding whether a designated project is environmentally acceptable; (d) deciding whether an environmental impact assessment report meets the requirements of the environmental impact assessment study brief; |
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