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Committee stage amendments to Environmental Impact Assessment Bill
Following is the speech by the Deputy Secretary for Planning, Environment and Lands, Mr Tony Cooper, in moving the committee stage amendments to the Environmental Impact Assessment (EIA) Bill in the Legislative Council today (Wednesday):
Mr Chairman,
I move that the clauses specified be amended as set out under my name in the paper circularised to Members.
Power to Designate Split Projects as a Designated Project
The new Clause 4(4) empowers the Secretary for Planning, Environment and Lands to designate a series of contiguous projects which generate cumulative environmental impacts tantamount to a designated project. Two prerequisites have to be met for the exercise of this power: first, the contiguous projects are undertaken by the same person or associated persons; and second, the Secretary reasonably believes that the aim of splitting up a project into parts or phases is to circumvent the threshold defining a designated project in Schedule 2 of the Bill. To balance the use of this power, a new Clause 4(5) is added to allow a project proponent to ascertain with the Director of Environmental Protection whether a series of contiguous projects would be treated as a designated project. The new Clause 26(5A) makes splitting up a project to circumvent the EIA requirements an offence.
Public Participation at the Study Brief Stage
We have accepted the Bills Committee's recommendation to allow. for the public to provide input to the study brief. The amendment to Clause 5(2) and the new Clauses 5(2A), 5(3A) and 5(3B) provide for such a mechanism by requiring an applicant for a study brief to advertise the availability of his project profile, and to invite public comments on the environmental concerns associated with the project within 14 days. As public consultation proceeds in parallel with the preparation of the study brief, there is no need to extend the time limit of 45 days for processing a study brief. This arrangement allows wider and earlier public participation without lengthening the EIA process.