### Environmental Impact Assessment Ordinance 《環境影響評估條例》

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.

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.
(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.

### Environmental Impact Assessment Ordinance 《環境影響評估條例》

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.

14. Cancellation or variation of environmental permit by the Director
(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; E.R. 1 of 2021)
(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.

### Environmental Impact Assessment Ordinance 《環境影響評估條例》

15. 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.

Editorial Note:
* Commencement date: 1 April 1998.

### Environmental Impact Assessment Ordinance 《環境影響評估條例》

17. 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.

18. Appeal Board panel
(1) The Appeal Board shall determine an appeal under this Ordinance.
(2) The Chief Executive shall appoint as Chairman of the Appeal Board panel a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336).
(3) The Chief Executive may appoint as Deputy Chairman of the Appeal Board panel a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) who may act as Chairman in his absence.
(4) The Chairman, a Deputy Chairman and a person appointed to the Appeal Board panel are appointed for a term of 3 years but may be reappointed.
(5) The Chief Executive shall appoint a panel of persons whom he considers suitable for appointment as members of the Appeal Board to hear any appeal under this Ordinance.
(6) An appointment under subsection (2), (3) or (5) is to be notified in the Gazette.
(7) The Chairman, a Deputy Chairman and a person appointed to the Appeal Board panel may at any time resign by notice in writing to the Chief Executive.
(Amended 34 of 2000 s. 3)