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Deemed Approved Provisions

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The EIA Bill imposes time limits on various stages of the EIA process. While the Director of Environmental Protection will strictly observe the statutory deadlines, the Bills Committee suggested that, to make the EIA process more predictable, there should be provision to allow an applicant to presume unconditional consent and proceed with his project on that basis in case the Director fails to respond within the relevant time limit. The new Clauses 5(4A), 6(4A), 8(3A), 10(3A), 12(3A) and 13(2A) accommodate this suggestion.

Other Amendments

The Bills Committee has also proposed certain amendments to fine-tune the Bill and improve the EIA arrangements enshrined therein. Clause 3(4) sets out the actions the Chief Secretary will take in the event of a public officer contravening the provisions of the EIA legislation. It is amended to require the Chief Secretary, apart from investigating and stopping any contravention, to also ensure that appropriate actions are taken to remedy any resultant environmental damage.

Clause 14(3) empowers the Governor in Council to suspend, vary or cancel an environmental permit. This reserve power will be exercised very sparingly in the unlikely event that the continuation of a project would cause serious environmental damage not envisaged in the EIA. A new Clause 14(3A) requires the Governor in Council to give reasons for revoking a permit and the conditions on which it can be reinstated.

The amendments to Clauses 17 and 19 concern the appeal arrangements. Clauses 17(1)(ia) and 17(1A) are added to allow statutory appeal on the content of an EIA study brief and on a decision to designate split projects under the new Clause 4(4). Clause 19(5) is amended to disallow a public officer from serving as a member on the Appeal Board.

The amendments to Clause 16 concerning the making of technical memorandum are primarily technical. Clause 16(2) provides that a technical memorandum issued by the Secretary for Planning, Environment and Lands may require or authorise the Director of Environmental Protection to follow his advice. This provision enables any decision that may be controversial to be deliberated carefully at a senior level in the Administration. To allay some Members' concern that this provision might create a loophole allowing the Secretary to direct the issue of an environmental permit to projects with unacceptable environmental impacts, a new Clause 16(2A) is added to ensure that the Secretary's advice pursuant to a technical memorandum is consistent with the spirit of the EIA legislation to protect the environment. Clause 16(11) clarifies that a technical memorandum is not subsidiary legislation and hence does not form a part of the law volume. Nevertheless, since the technical memorandum is relied on in the exercise of power under the Bill, it carries statutory effect and its making and any future amendment are subject to this Council's approval.