【法规名称】
【法规编号】 79130 什么是编号？
【正 文】
第6页 CAP 499 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
|
[接上页] (e) deciding whether the Director will permit an applicant to apply directly for an environmental permit under section 5(9), (10) or (11); (f) resolving conflicts on the content of the environmental impact assessment study brief and the environmental impact assessment report; (g) taking advice from other authorities; (h) deciding what is a material change, addition or alteration to an environmental impact or to a designated project; (i) the issue of environmental permits; (j) the imposition of environmental monitoring and audit requirements for designated projects as conditions in environmental permits.(2) A technical memorandum may require or authorize the Director to follow the advice of the Secretary. (3) In giving advice pursuant to a technical memorandum, the Secretary shall ensure that the effect of his advice is to protect the environment. (4) The Director shall be guided by all applicable technical memorandums when deciding on matters under sections 5, 6, 8, 10, 12, 13 and 14. (5) A technical memorandum is to be published in the Gazette and laid on the table of the Legislative Council at the next sitting after its publication. (6) The Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days of the sitting at which a technical memorandum was laid on the table of the Legislative Council, repeal the technical memorandum. (7) If the period for debate would but for this subsection expire- (a) after the end of a session of the Legislative Council or a dissolution; but (b) on or before the day of the second sitting of the Legislative Council in the next session,the period extends to and expires on the day after that second sitting. *(8) Before the expiry of the period referred to in subsection (6) or that period as extended by virtue of subsection (7), the Legislative Council may by resolution in relation to a technical memorandum specified therein- (a) in the case of the period referred to in subsection (6), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiry; (b) in the case where the period referred to in subsection (6) has been extended by virtue of subsection (7), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next session. (Replaced 8 of 2002 s. 22)(9) A resolution passed by the Legislative Council in accordance with this section is to be published in the Gazette within 14 days of its passing or within the further period the Chief Executive may allow in a particular case. (Amended 34 of 2000 s. 3) (10) A technical memorandum issued under this section is to come into operation on the expiry of the period for debate of the technical memorandum in the Legislative Council. (11) In this section, "sitting" (会议), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper. (12) A technical memorandum is not subsidiary legislation. _________________________________________________________________________________ Note: * For the transitional provision relating to this subsection as amended by section 22 of the Extension of Vetting Period (Legislative Council) Ordinance 2002 (8 of 2002), see section 23 of that Ordinance. Cap 499 s 17 Appeals PART VI APPEALS (1) An environmental permit holder or an applicant for- (a) an environmental impact assessment study brief; (b) permission to apply directly for an environmental permit; (c) approval of an environmental impact assessment report; or (d) an environmental permit,may appeal to the Appeal Board if he is aggrieved by a decision of the Director- (i) as to the content of an environmental impact assessment study brief issued by the Director under section 5(7)(a); (ii) not to issue an environmental permit; (iii) not to permit an applicant to apply directly for an environmental permit under section 5(9), (10) or (11); (iv) as to the conditions imposed under section 5(12) on an applicant's applying directly for an environmental permit; (v) not to approve an environmental impact assessment report; (vi) to impose conditions on the issue or variation of an environmental permit; (vii) to vary or to cancel an environmental permit; (viii) to claim costs incidental to remedying environmental damage under this Ordinance.(2) A person whose project is specified as a designated project under section 4(4) may appeal to the Appeal Board against the decision to designate the project. (3) An applicant shall appeal by lodging notice of appeal in the prescribed manner within 30 days of receipt of the notice of the decision. Cap 499 s 18 Appeal Board panel Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) The Appeal Board shall determine an appeal under this Ordinance. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！