XN000022-1996-01-31 — Page 32

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Clauses 5 to 8 of the Bill outline the EIA process, the key features of which are the requirement that a proponent of a Designated Project apply to the Director of Environmental Protection for an EIA study brief; the requirement that the Director act on such an application, and if necessary subsequent environmental assessments, within statutory time limits; and the provision for formal public consultation.

On public consultation, this Council will be pleased to hear that project proponents will be required to make the EIA reports available for the inspection of the public and advisory committees. The comments from the public and advisory bodies, such as the Advisory Council on the Environment, will be taken into account when determining whether an Environmental Permit should be issued and what conditions, if any, should be stipulated.

Clause 9 of the Bill renders it an offence to carry out a Designated Project without an Environmental Permit, or not in accordance with the conditions of such a Permit, and lists projects which are exempt from the provisions of the Ordinance, for example existing and committed projects which have already commenced construction or operation.

In order to assist project proponents to fulfil their statutory obligations, Clause 16 in Part V of the Bill provides for technical memorandums to cover the principles, procedures. guidelines, requirements and criteria for the various stages to be followed. Such memorandums will have the status of subsidiary legislation and will be submitted to this Council for negative approval after enactment of the Bill and after consultation with interested parties. To assist Members in their examination of the Bill, a draft Technical Memorandum, reflecting several years of experience in administering EIA, will be circulated to Members' shortly.

Parts VII and VIII of the Bill provide for enforcement issues and penalties for offences. The Director of Environmental Protection may, for example, investigate possible offences and, with the approval of the Secretary for Planning, Environment and Lands, require the cessation of works. The principal offences are failure to obtain an Environmental Permit, breaching the terms of a Permit and interference with the enforcement of the legislation.

Finally, the Bill also provides for an independent Appeal Board to settle disagreements on major decisions relating to an environmental permit and on the conditions imposed in the permit.