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

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.

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

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
(c) provide free of charge sufficient quantities as the Director may require of the report to comply with paragraph (a).
(2) The applicant shall set out in the advertisement—
(a) the nature of the designated project and the site where the project is proposed to be carried out;
(b) the period for which, the places at which and the hours during which the report is available for public inspection;
(c) that a member of the public may give the Director written comments on the report before the period of public inspection expires;
(d) the address to which the comments are to be sent; and
(e) any other information that the Director may reasonably require relating to the project.
(3) The Director shall require an applicant to readvertise or extend the period of public inspection for up to another 30 days if the applicant fails to comply with any requirement under this Part or a direction that the Director gives to an applicant under this section unless the Director is satisfied that the failure is not significant.
(4) The Director shall notify the Advisory Council on the Environment if an environmental impact assessment report is suitable for public inspection.
(5) The Advisory Council on the Environment may give any comments it has on the report to the Director within 60 days of its receiving a copy of the report.

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

8. Approval of environmental impact assessment report
(1) The Director may, within 14 days of the expiry of the public inspection period or the receipt of comments from the Advisory Council on the Environment, whichever is later, ask an applicant in writing to give him the information he requires to decide whether to approve an environmental impact assessment report. The Director shall supply the applicant with one set of written comments received from members of the public and the Advisory Council on the Environment free of charge where comments have been received.
(2) The Director shall not make a request for further information where comments have not been submitted to him on the report as a result of the public consultation or from the Advisory Council on the Environment.
(3) The Director shall, within 30 days of—
(a) the expiry of the public inspection period;
(b) the receipt of comments from the Advisory Council on the Environment; or
(c) the receipt of information under subsection (1),
whichever is the later, approve, approve with conditions or reject an environmental impact assessment report for the designated project.
(4) The Director is taken to have approved without conditions an environmental impact assessment report if the Director has not given notice in writing rejecting the report or approving it with conditions within 30 days of the happening of the later of the events set out in subsection (3)(a), (b) or (c).
(5) The Director shall place an approved environmental impact assessment report on the register.
(6) If the Director rejects an environmental impact assessment report, he shall give the applicant the reasons for the rejection.

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

9. Prohibition against carrying out designated project unless environmental permit has been issued, etc.
(1) A person shall not construct or operate a designated project listed in Part I of Schedule 2 or decommission a designated project listed in Part II of Schedule 2—
(a) without an environmental permit for the project; or
(b) contrary to the conditions, if any, set out in the permit.
(2) A project listed in Part I of Schedule 2 that has—
(a) had planning permission granted by the Town Planning Board under section 16 of the Town Planning Ordinance (Cap. 131);
(b) had consent granted to commence building works by the Building Authority under the Buildings Ordinance (Cap. 123);
(c) had reclamation authorized under the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127);
(d) had road works authorized under the Roads (Works, Use and Compensation) Ordinance (Cap. 370);
(e) been approved as a new development under the Country Parks Ordinance (Cap. 208) or the Marine Parks Ordinance (Cap. 476);
(f) been authorized under the Water Pollution Control (Sewerage) Regulation (Cap. 358 sub. leg. AL);
(g) commenced construction, or been in operation,
before this Ordinance comes into operation* is exempt from the provisions of this Ordinance so far as the construction and operation of the project is concerned.
(3) A project listed in Part II of Schedule 2 and the demolition plan of which has been approved by the Building Authority under the Buildings Ordinance (Cap. 123) before this Ordinance comes into operation, is exempt from the provisions of this Ordinance so far as the decommissioning of the project is concerned.
(4) A material change to an exempted project is subject to this Ordinance and requires an environmental permit unless subsequently exempted under this Ordinance.
(5) The inclusion of a class of projects in Schedule 3 does not exempt the construction, operation or decommissioning of the whole or any part of the project from the need to have an environmental permit.

Editorial Note:
* Date of coming into operation: 1 April 1998.