Chapter 1 – ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

AN OVERVIEW ON ENVIRONMENTAL ASSESSMENT

Background
Hong Kong faces environmental challenges that are similar to
many other industrialized countries. Air pollution, sewage, noise,
waste and a growing population all put pressures on our
environment. The government has acted to contain pollution and
make improvements, as detailed in the separate sections on AIR,
NOISE, WATER and WASTE. It has also taken significant steps to
prevent future problems. Hong Kong has one of the most
transparent environmental impact assessment (EIA) systems in the
world. Environmental assessment is applied not only to individual
projects, but also to strategic policy and proposals, making it a
valuable tool in the move towards a more sustainable path of
development.

The EIA Process

Environmental impact assessments are intended to identify the potential impacts of a
project in the early planning stages, as well as any alternatives or mitigation measures.
The EIA process started being applied in a limited form in the 1980s in Hong Kong,
when the government started assessing its own projects. The process expanded
through the 1990s, resulting in the EIA Ordinance which makes EIAs statutory for
designated projects in both the private and public sectors. One of the hallmarks of the
Ordinance is that it allows for a good deal of public input to the EIA process.
More than 500 EIAs have been produced since the late 1980s. They have resulted in
such things as noise barriers along new roads, better new town design, more attractive
developments, protection of ecologically-important areas and the minimization of
impacts from the new airport at Chek Lap Kok.
Environmental Impact Assessment Ordinance (Cap.499)

1. Introduction:
The purpose of the Environmental Impact Assessment Ordinance (the Ordinance) is
to avoid, minimise and control the adverse impact on the environment of designated
projects through the application of the environmental impact assessment process and
the environmental permit system.

The Ordinance comes into operation on 1 April 1998. Designated projects specified
under Schedule 2 of the Ordinance, unless exempted, must follow the statutory
environmental impact assessment (EIA) process and require environmental permits
for their construction and operation (if applicable, and decommissioning). Designated
projects specified under Schedule 3 of the Ordinance require approved environmental
impact assessment reports but will not require environmental permits.

The provisions of the Ordinance are enforced by the Director of Environmental

Protection (the Director). The Director shall take advice from other relevant
authorities on matters prescribed in section 9.1 of the Technical Memorandum on
Environmental Impact Assessment Process.

The Ordinance enables Regulations and Technical Memoranda to be made. Up to now,

the Environmental Impact Assessment (Appeal Board) Regulation, the Environmental
Impact Assessment (Fees) Regulation, and the Technical Memorandum on
Environmental Impact Assessment Process have been made.

2. Designated projects
Designated projects are projects or proposals that may have an adverse impact on the
environment. They are projects covered by the Ordinance.

The Schedules 2 and 3, which may be amended by the Secretary for the Environment
by an order published in the Gazette, are reproduced in Appendix 1.

Schedule 2 consists of two parts: Part I for projects that require environmental permits
to construct and operate, and Part II for projects that require environmental permits to
decommission.

No environmental permits shall be required for designated projects that are exempted
under section 9(2) or 9(3) of the Ordinance. Section 9(2) applies to designated
projects that have been authorised, approved or permitted before 1 April 1998 under
the following Ordinances or Regulations:

- section 16 of the Town Planning Ordinance;

- Buildings Ordinance;
- Foreshore and Seabed (Reclamations) Ordinance;
- Roads (Works, Use and Compensation) Ordinance;
- Country Parks Ordinance and Marine Parks Ordinance; or
- Water Pollution Control (Sewerage) Regulation.

No environmental permits shall be required for designated projects in Part I of

Schedule 2 that have commenced construction or been in operation before 1 April
1998.

Material changes to exempted projects, however, require environmental permits under

the Ordinance. A material change means a physical addition or alteration to a
designated project which results in an adverse environmental impact as defined in
section 6.1 of the Technical Memorandum on Environmental Impact Assessment
Process.

3. An overview of the statutory environmental impact assessment process

The statutory EIA process is presented in a simplified form in Figures 1 and 2. The
section numbers mentioned in Figure 1 refer to the section numbers in the Ordinance.

Before an environmental permit for a Schedule 2 designated project can be obtained, a

person planning the designated project is required under sections 5 to 8 of the
Ordinance to:

i apply for an EIA study brief, proceed with the EIA study, and then seek approval
of the EIA report under the Ordinance; or
ii seek a permission to apply directly for an environmental permit.
Figure 1 the statutory environmental Impact assessment process
A Schedule 3 designated project requires an EIA report to be approved under sections
6 to 8 of the Ordinance. Once approved, the EIA report will be placed on the Register
established under the Ordinance, and could be referred to in subsequent applications.

The public and the Advisory Council on the Environment (ACE) will have the
opportunities to be involved at an early stage of the statutory EIA process. Under
section 5 of the Ordinance, there will be an opportunity for the public and ACE to
comment on the project profile before an EIA study brief is issued by the Director, or
before a permission is given to the applicant to apply directly for an environmental
permit. There will also be an opportunity under section 7 of the Ordinance for the
public and ACE to comment on the EIA report before it is approved.

These are further described as follows:

i Project Profile: on the day following the lodging of the application with the
Director, the applicant will be required under the Ordinance to advertise the
availability of the project profile. The public and the ACE may comment on the
project profile on environmental issues covered by the Technical Memorandum
within 14 days; and
ii Environmental Impact Assessment Report: when the EIA report is considered by
 the Director to meet the requirements of the EIA study brief and the Technical
Memorandum on Environmental Impact Assessment Process, the applicant will
be required to advertise the availability of the EIA report and make the EIA
report available at specified locations for the public to comment for a period of
30 days. At the same time, the applicant will be advised on whether a submission
to the ACE is required. The ACE may give its comments on the EIA report to the
Director within a period of 60 days in parallel to the 30 days' public exhibition
period.

The EIA reports and the project profiles can be accessed at the EIA Ordinance
Register Office, the address of which is given in section 1 of this Guide. The project
profile would be placed on the website during the exhibition period.

Comments from the ACE and the public will be taken into account by the Director
before issuing the EIA study brief, approving the EIA report or giving the permission
to the applicant to apply directly for an environmental permit. The decisions of the
Director will be placed on the Register and can be inspected by the public during
normal office hours at the address given in section 1 of this Guide.

4. Technical Memorandum on Environmental Impact Assessment Process

The Director shall be guided by the Technical Memorandum on Environmental

Impact Assessment Process when making all decisions relating to the issue of EIA
study brief, the approval of EIA report, the permission to apply directly for an
environmental permit, the issue of environmental permit, the imposition of
environmental monitoring and audit requirements, and the conflict resolution among
relevant authorities.

Key Contents of Technical Memorandum on Environmental Impact Assessment

Process
 12 sections and 22 annexes covering key EIA process steps and issues,
representing the state-of-the-art EIA practices in Hong Kong;
 requirements of a project profile (section 2, Annex 1 or 2);
 factors for consideration in identifying adverse environmental impacts (Annex
3);
 the issue of EIA study brief (section 3);
 contents of EIA report (section 4, Annexes 11 to 19);
 review of EIA report (section 4, Annexes 4 to 10, Annex 20);
 environmental monitoring and audit requirements (section 8, Annex 21);
 the issue of environmental permit (section 7).

5. Arrangement for environmental impact assessment reports approved before 1

April 1998

Schedule 2 designated projects will require environmental permits for their

construction and operation. The EIA reports of these designated projects will be
placed on the Register under section 15(1)(f) of the Ordinance if any one of the
following requirements can be met:
(a) the EIA report has been accepted before 1 April 1998 by the Environmental Study
Management Group for cases where submissions to the Advisory Council on the
Environment (formerly known as the Environmental Pollution Advisory
Committee) were not required; or
(b) the EIA report has been accepted before 1 April 1998 by both the Environmental
Study Management Group and the Advisory Council on the Environment for
cases where submissions to the ACE were required.

An applicant can apply for an environmental permit by making reference to an EIA

report on the Register. The permit conditions will include the measures recommended
in the relevant EIA report and any additional requirements imposed by the Advisory
Council on the Environment or the Secretary for the Environment at the time of
endorsing the EIA reports.

6. Arrangement for environmental impact assessment reports not yet approved

by 1 April 1998

For other EIA reports not yet approved by 1 April 1998, the EIA study briefs will be
placed on the Register under section 15(1)(b) of the Ordinance. The proponents
concerned should continue with their EIA studies in accordance with the study briefs
and the Technical Memorandum on Environmental Impact Assessment Process. On
completion, the EIA reports should be submitted to the Director of Environmental
Protection for approval under section 6 of the Ordinance. The public and the Advisory
Council on the Environment will be consulted on the reports according to the
procedures in the Ordinance. The Schedule 2 designated projects will require
environmental permits for their construction and operation.
7. Applications

7.1 Application for an environmental impact assessment study brief

A person who is planning a designated project should apply for an EIA study brief to
proceed with an EIA study. Application should be submitted in the prescribed form
together with a project profile that complies with Annex 1 of the Technical
Memorandum on Environmental Impact Assessment Process. The application should
be accompanied by the prescribed fee. The applicant is requested to send in an
electronic copy of the project profile, where possible.

The project profile should contain sufficient information for the Director to identify
what issues are relevant and what matters the EIA study should address. If the
applicant does not provide sufficient information as required in Annex 1, the Director
may within 14 days upon receipt of the application request further information to be
submitted under section 5(4) of the Ordinance.

The project profile may cover more than one designated project. The applicant should
describe clearly in the project profile the types and number of designated projects to
be covered by the EIA study brief.

On the day following the submission of the project profile, the applicant should
advertise the availability of the project profile in a Chinese newspaper and an English
newspaper. The advertisement and the arrangement for public inspection of the
project profile should be made in accordance with the, which can be obtained from
the EIA Ordinance Register Office.

The Director will issue an EIA study brief to the applicant within the statutory time
limits described in section 8 of this Guide, taking into account the information in the
project profile, the public comments, the comments from the Advisory Council on the
Environment and the Technical Memorandum on Environmental Impact Assessment
Process.

7.2 Application for approval of an environmental impact assessment report

An applicant should prepare an EIA report in accordance with the requirements of the
EIA study brief and the Technical Memorandum on Environmental Impact
Assessment Process. The applicant should submit an application in the prescribed
form, pay the prescribed fee, and deliver sufficient copies of the EIA report to the
Director. The number of copies of EIA report required will be set out in the EIA study
brief.

If the Director is satisfied that the EIA report meets the requirements of the EIA study
brief and the Technical Memorandum on Environmental Impact Assessment Process,
the Director will 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 (ACE) is required.

After receiving the advice, the applicant should make the report available in such
numbers and at locations specified by the Director for public inspection free of charge
for a period of 30 days. The applicant should advertise the availability of the EIA
report in one Chinese newspaper and one English newspaper once every 10 days of
the period. The advertisement and the arrangement for public inspection of the EIA
report should be in accordance with the which can be obtained from the EIA
Ordinance Register Office.

When required, the applicant should also present the EIA report to the EIA
Sub-committee of Advisory Council on the Environment. The procedures and the
arrangement for the presentation of EIA report to the EIA Sub-committee are
described in the<Advice Note on EIA Sub-committee of the Advisory Council on the
Environment<, which can be obtained from the EIA Ordinance Register Office.

7.3 Application for permission to apply directly for an environmental permit

The majority of designated projects will require EIA studies to be conducted. Only
under the following three circumstances can the applicant apply for permission to
apply directly for an environmental permit:

(a) the project has been adequately assessed in an EIA report already placed on the
Register and the findings are still relevant. An application can be made under
section 5(9) of the Ordinance and the project profile should comply with Annex 1
of the Technical Memorandum on Environmental Impact Assessment Process;
(b) the impact of the material change to an exempted designated project and
mitigation measures can meet the requirement of the Technical Memorandum on
Environmental Impact Assessment Process. Figure 3 shows how to check whether
a change is a material change under the Ordinance. An application can be made
 under section 5(10) of the Ordinance and the project profile should be prepared in
accordance with the requirements in Annex 2 of the Technical Memorandum on
Environmental Impact Assessment Process; or
(c) the impact of the designated project is unlikely to be adverse and the mitigation
measures described in the project profile meet the requirements of the Technical
Memorandum. Section 5(11) applies to projects which are proved beyond doubt
that the environmental impact falls well within the guidelines and criteria laid
down in the Technical Memorandum on Environmental Impact Assessment
Process and the effectiveness of the mitigation measures has been demonstrated in
practice.

Similar to the application for an EIA study brief, an application in the prescribed form
should be submitted together with a project profile that complies with Annex 1 or 2 of
the Technical Memorandum on Environmental Impact Assessment Process. The
application should be accompanied by the prescribed fee. The applicant is requested
to send in an electronic copy of the project profile. The project profile should contain
sufficient information for the Director to decide whether the requirements described
in section 5(9), 5(10) or 5(11) of the Ordinance can be met. If the applicant does not
provide sufficient information as required in Annex 1 or 2 of the Technical
Memorandum on Environmental Impact Assessment Process, the Director may within
14 days of the receipt of the application request further information to be submitted
under section 5(4) of the Ordinance.

On the day following the submission of the project profile, the applicant should
advertise the availability of the project profile in a Chinese newspaper and an English
newspaper. The advertisement and the arrangement for public inspection of the
project profile should be made in accordance with the, which can be obtained from
the EIA Ordinance Register Office.

The Director will take into account the comments from the public, the comments from
the Advisory Council on the Environment, the information in the project profile, and
the Technical Memorandum on Environmental Impact Assessment Process when
making the decision as to whether a permission shall be given to the applicant to
apply directly for an environmental permit and whether any conditions would be
imposed.
7.4 Application for an environmental permit

A person who wishes to have constructed, construct, or operate a designated project

listed in Part I of Schedule 2 or to decommission a designated project listed in Part II
of Schedule 2 should submit an application in the prescribed form to the Director and
pay the prescribed fee.

If the application for an environmental permit is submitted at the same time as the
application for approval of EIA report, the environmental permit will not be issued
until such time the EIA report is approved.

In granting or refusing an environmental permit and in determining the conditions to

be specified in the environmental permit, the Director will consider such factors as the
EIA reports approved under the Ordinance or placed on the Register, the conditions of
approval of the EIA reports, the Technical Memorandum on Environmental Impact
Assessment Process, and the attainment and maintenance of an acceptable
environmental quality.

7.5 Application for a further environmental permit

Where the responsibility for a designated project for which an environmental permit
has been issued changes, the person who takes up the responsibility should obtain an
environmental permit. An application can be made for a further environmental permit
in the prescribed form. The further environmental permit should be obtained before he
or she assumes the responsibility. The applicant should pay the prescribed fee. The
further environmental permit would be issued if the Director is satisfied that there has
been no material change to the designated project(s) covered by the current permit
and the findings in the EIA report are still relevant.

The current permit holder can surrender the whole or part of the environmental permit
after ceasing to be responsible, by submitting a form to the Director.

7.6 Application for variation of conditions of an environmental permit

When the need for variation of conditions of an environmental permit arises, the
permit holder could apply for a variation of an environmental permit under section 13
of the Ordinance in the prescribed form, and pay the prescribed fee. The application
will be processed within 30 days.
A variation of the environmental permit would be issued without the need for an
environmental impact assessment report if the Director is satisfied that there is no
material change to the environmental impact of the designated project with mitigation
measures in place and the designated project complies with the requirements in the
Technical Memorandum on Environmental Impact Assessment Process. If an
environmental impact assessment report is required, the procedures described in
sections 5, 6, 7 and 8 of the Ordinance should be followed.

7.7 Seeking confirmation as to whether contiguous projects are to be treated as a

designated project

Section 26(6) of the Ordinance makes it an offence for a person or associated persons
to separate contiguous projects, which collectively qualify as a designated project, to
avoid the purposes of the Ordinance. A definition of associated persons is given in
Schedule 1 of the Ordinance.

A person or associated persons may apply in writing to the Director under section 4(5)
of the Ordinance for confirmation as to whether certain contiguous projects are to be
treated as designated projects. Under section 4(4) of the Ordinance, the Secretary for
the Environment may, after consulting the Director, specify in writing contiguous
projects as a designated project and the Director will send a copy of that specification
to the person or associated persons.

8. Time limits for the Director, the public and the Advisory Council on the
Environment to respond

The time limits for the Director to respond to various applications and for the public
and the Advisory Council on the Environment to comment on the project profile or
the EIA report are described below:
 Time limit for the
Time limit for the Director Time limit for the public Advisory Council on the
Environment
Application for an 45 days of receiving the 14 days of placing the 14 days of placing the
EIA study brief application or further information advertisement advertisement
Application for 45 days of receiving the 14 days of placing the 14 days of placing the
permission to application or further information advertisement advertisement
apply directly for
an environmental
permit
Review of an EIA 60 days of receiving the EIA
report report
Public inspection 30 days of placing the 60 days of receiving the
of an EIA report advertisement EIA report
Approval of an 30 days of the expiry of the
EIA report public inspection period, or the
receipt of comments from the
Advisory Council on the
Environment, or the receipt of
further information
Application for an 30 days of receipt of the
environmental application (the same time limit
permit as the approval of EIA report if
the two applications are
submitted at the same time)
Application for a 30 days of receipt of the
further application
environmental
permit
Application for 30 days of receipt of the
variation of an application
environmental
permit
SCHEDULE 2 Designated Projects Requiring Environmental Permits
PART I

CATEGORY DESIGNATED PROJECTS

A - ROADS, RAILWAYS AND A.1 A road which is an expressway, trunk road, primary

DEPOTS distributor road or district distributor road including new roads, and
major extensions or improvements to existing road
A.2 A railway and its associated stations.
A.3 A tramway and its associated stations.
A.4 A railway siding, depot, maintenance workshop, marshalling
yard or goods yard.
A.5 A tram depot located less than 100 m from the nearest boundary
of an existing or planned---
(a) residential area;
(b) place of worship;
(c) educational institution; or
(d) health care institution.
A.6 A transport depot located less than 200 m from the nearest
boundary of an existing or planned---
(a) residential area;
(b) place of worship;
(c) educational institution; or
(d) health care institution.
A.7 A road or railway tunnel more than 800 m in length between
portals.
A.8 A road or railway bridge more than 100 m in length between
abutments.
A.9 A road fully enclosed by decking above and by structure on
the sides for more than 100 m.

B - AIRPORTS AND PORT B.1 An airport (including its runway and the development and
FACILITIES activities related to aircraft maintenance, repair, fueling and
fuel storage, engine testing or air cargo handling).
B.2 A helipad within 300 m of existing or planned residential
development.
B.3 A container terminal (including its container backup facility).
B.4 A public cargo working area---
(a) of more than 1,000 m cargo working length; or
 CATEGORY DESIGNATED PROJECTS

(b) with a cargo working length between 500 m and 1,000 m

and within 50 m of an existing or planned---
(i) residential area;
(ii) place of worship;
(iii) educational institution; or
(iv) health care institution.
B.5 A container backup area, container storage, container handling
or container packing area (including a container vehicle parking area)
more than 5 ha in size and within 300 m of an existing or planned---
(a) residential area;
(b) place of worship;
(c) educational institution; or
(d) health care institution.

B.6 A facility for ship building or ship repairing yard more than 1
ha in size or with a lifting capacity in excess of 20 000
tonnes.
B.7 A river trade terminal.
B.8 A mid-stream operation facility.

C - RECLAMATION, C.1 Reclamation works (including assciated dredging works) more

HYDRAULIC AND than 5 ha in size.

MARINE FACILITIES, C.2 Reclamation works (including associated dredging works)

DREDGING AND more than 1 ha in size and a boundary of which---

DUMPING (a) is less than 500 m from the nearest boundary of an

existing or planned---
(i) site of special scientific interest;
(ii) site of cultural heritage;
(iii) bathing beach;
(iv) marine park or marine reserve;
(v) fish culture zone;
(vi) wild animal protection area;
(vii) coastal protection area;
(viii) conservation area;
(ix) country park; or
(x) special area;
(b) is less than 100 m from a seawater intake point; or
(c) is less than 100 m from an existing residential area.
CATEGORY DESIGNATED PROJECTS

C.3 Reclamation works---

(a) resulting in 5% decrease in cross sectional area calculated
on the basis of 0.0 mPD in a sea channel; or
(b) occupying an area on plan in excess of 10% of any
enclosed or semi-enclosed waterbody.
C.4 A breakwater more than 1 km in length or a breakwater
extending into a tidal flushing channel by more than 30% of the
channel width.
C.5 A typhoon shelter designed to provide moorings for not less
than 30 vessels.
C.6 A dam more than 10 m in height.
C.7 A land borrow area of more than 200,000m3.
C.8 A land borrow area of more than 50,000 m3 of which---
(a) a boundary of which is less than 500 m from the nearest
boundary of an existing or planned---
(i) residential area;
(ii) place of worship;
(iii) educational institution;
(iv) health care institution;
(v) country park; or
(vi) special area; or
(b) wholly or partly within a---
(i) site of special scientific interest; or
(ii) wild animal protection area.
C.9 A marine borrow area.
C.10 A marine dumping area.

C.11 A public dumping area of not less than 2 ha in size.

C.12 A dredging operation exceeding 500,000 m3 or a dredging

operation which---
(a) is less than 500 m from the nearest boundary of an
existing or planned---
(i) site of special scientific interest;
(ii) site of cultural heritage;
(iii) bathing beach;
(iv) marine park or marine reserve;
(v) fish culture zone;
 CATEGORY DESIGNATED PROJECTS

(vi) wild animal protection area;

(vii) coastal protection area; or
(viii) conservation area; or
(b) is less than 100 m from a seawater intake point.

D - ENERGY SUPPLY D.1 Public utility electricity power plant.

D.2 Public utility gas generation plant.

E - WATER EXTRACTION E.1 A primary reservoir.

AND WATER SUPPLY

E.2 Water treatment works with a capacity of more than 100,000
m3 per day.
E.3 A submarine water supply pipeline with a diameter of 1,200
mm or more and a length of more than 1 km.

F - SEWAGE COLLECTION, F.1 Sewage treatment works with an installed capacity of more

TREATMENT, DISPOSAL than 15,000 m3 per day.

AND REUSE F.2 Sewage treatment works---

(a) with an installed capacity of more than 5,000 m3 per day;
and
(b) a boundary of which is less than 200 m from the nearest
boundary of an existing or planned---
(i) residential area;
(ii) place of worship;
(iii) educational institution;
(iv) health care institution;
(v) site of special scientific interest;
(vi) site of cultural heritage;
(vii) bathing beach;
(viii) marine park or marine reserve;
(ix) fish culture zone; or
(x) seawater intake point.
F.3 A sewage pumping station---
(a) with an installed capacity of more than 300,000 m3 per
day; or
(b) with an installed capacity of more than 2,000 m3 per
day and a boundary of which is less than 150 m from an
existing or planned---
(i) residential area;
 CATEGORY DESIGNATED PROJECTS

(ii) place of worship;

(iii) educational institution;
(iv) health care institution;
(v) site of special scientific interest;
(vi) site of cultural heritage;
(vii) bathing beach;
(viii) marine park or marine reserve;
(ix) fish culture zone; or
(x) seawater intake point.
F.4 An activity for the reuse of treated sewage effluent from a
treatment plant.
F.5 A submarine sewage pipeline with a diameter of 1,200 mm or
more and a length of 1 km or more.
F.6 A submarine sewage outfall.

G - WASTE STORAGE, G.1 A landfill for waste as defined in the Waste Disposal

TRANSFER AND Ordinance (Cap. 354).

DISPOSAL FACILITIES
G.2 A refuse transfer station.
G.3 An incinerator with an installed capacity of more than 50
tonnes per day.
G.4 A waste disposal facility (excluding any refuse collection
point), or waste disposal activity, for---
(a) refuse; or
(b) chemical, industrial or special wastes
G.5 A facility for the treatment of construction waste---
(a) with a designed capacity of not less than 500 tonnes per
day; and
(b) a boundary of which is less than 200 m from an existing
or planned---
(i) residential area;
(ii) place of worship;
(iii) educational institution; or
(iv) health care institution.
G.6 A waste disposal facility for pulverized fuel ash, furnace
bottom ash or gypsum.

H - UTILITY PIPELINES, H.1 A 400 kV electricity substation and transmission line.

 CATEGORY DESIGNATED PROJECTS

TRANSMISSION H.2 A submarine gas pipeline or submarine oil pipeline.

PIPELINES AND
SUBSTATIONS

I - WATERWAYS AND I.1 A drainage channel or river training and diversion works---

DRAINAGE WORKS (a) with a channel width of more than 100 m; or

(b) which discharges or discharge into an area which is less
than 300 m from the nearest boundary of an existing or
planned---
(i) site of special scientific interest;
(ii) site of cultural heritage;
(iii) marine park or marine reserve;
(iv) fish culture zone;
(v) wild animal protection area;
(vi) coastal protection area; or
(vii) conservation area.
I.2 A flood storage pond more than 10 ha in size.

J - MINERAL EXTRACTION J.1 An oil or gas extraction activity.

J.2 A mining operation.
J.3 A quarrying or quarry rehabilitation.
J.4 A coal industry works with a handling capacity of more than
100 tonnes per day.

K - INDUSTRIAL K.1 An industrial estate.

ACTIVITIES K.2 A brewery works with an annual production capacity of

more than 0.4 million hecto litres.

K.3 A tannery or leather finishing factory with an annual

production capacity of more than 500,000 m2.
K.4 A metallurgical works with a processing capacity of more
than 200,000 tonnes per annum (expressed as metal).
K.5 A cement works or concrete batching plant with a total silo
capacity of more than 10,000 tonnes in which cement is
handled and manufactured.
K.6 A chemical or biochemical plant with a storage capacity of
more than 500 tonnes and in which substances are processed
or produced.
K.7 An oil refinery.
K.8 A petro-chemical plant with an annual production capacity
 CATEGORY DESIGNATED PROJECTS

of more than 70,000 tonnes.

K.9 A tobacco or cigarette manufacturing plant in a stand-alone,
purpose built building.
K.10 An explosives depot or explosives manufacturing plant in a
stand-alone, purpose built building.
K.11 A sand depot with a site area of more than 1 ha in size.
K.12 A bulk chemical storage facility with a storage capacity of
more than 80,000 tonnes.
K.13 A dangerous goods godown with a storage capacity
exceeding 500 tonnes.

L- STORAGE, TRANSFER L.1 A storage, transfer and trans-shipment of liquefied petroleum

AND TRANS-SHIPMENT gas facility with a storage capacity of not less than 200

OF FUELS tonnes.
L.2 A storage, transfer and trans-shipment of liquefied natural
gas facility with a storage capacity of not less than 200
tonnes.
L.3 A storage, transfer and trans-shipment of coal or ore facility
with a storage capacity of not less than 200 tonnes.
L.4 A storage, transfer and trans-shipment of oil facility with a
storage capacity of not less than 1,000 tonnes.

M- AGRICULTURE AND M.1 A fish culture zone---

FISHERIES ACTIVITIES (a) more than 5 ha in size; or

(b) a boundary of which is less than 500 m from the nearest
boundary of an existing or planned---
(i) marine park or marine reserve; or
(ii) bathing beach.

N - COMMUNITY N.1 An abattoir with a daily slaughter capacity of more than 500

FACILITIES numbers of livestock.

N.2 A quarantine station, or quarantine lairage, for animals.

N.3 A wholesale market.
N.4 A crematorium.

O - TOURIST AND O.1 An outdoor golf course and all managed turf areas.

RECREATIONAL O.2 A marina designed to provide moorings or dry storage for

DEVELOPMENTS not less than 30 vessels used primarily for pleasure or

recreation.
O.3 A horse racing course.
 CATEGORY DESIGNATED PROJECTS

O.4 A motor racing circuit.

O.5. An open firing range.
O.6 An open air concert venue with a capacity to accommodate
more than 10,000 persons.
O.7 An outdoor sporting facility with a capacity to accommodate
more than 10,000 persons.
O.8 A theme park or amusement park with a site area of more
than 20 ha in size [Amendment Order under section 4(2) of
the EIA Ordinance and gazetted on 26 July 1999]

P - RESIDENTIAL AND P.1 A residential or recreational development, other than New

OTHER DEVELOPMENTS Territories exempted houses, within Deep Bay Buffer Zone 1 or
2.
P.2 A residential development---
(a) of not less than 2,000 flats; and
(b) not served by public sewerage networks by the time a
flat is occupied.

Q - MISCELLANEOUS Q.1 All projects including new access roads, railways, sewers,
sewage treatment facilities, earthworks, dredging works and
other building works partly or wholly in an existing or
gazetted proposed country park or special area, a conservation
area, an existing or gazetted proposed marine park or marine
reserve, a site of cultural heritage, and a site of special
scientific interest, except for the following---
(a) minor maintenance works to roads, drainage, slopes and
utilities;
(b) minor public utility works including the installation of
telecommunications wires, joint boxes, power lines with
a voltage level of not more than 66 kV, and gas pipelines
with a diameter of 120 mm or less;
(c) education and recreational facilities not otherwise
designated projects listed in Parts A to P and approved by
the Country and Marine Parks Authority;
(d) all earthworks relating to forestry, agriculture, fisheries
and the management of vegetation;
(e) New Territories exempted houses;
(f) footpaths and facilities relating to sitting out areas;
 CATEGORY DESIGNATED PROJECTS

(g) minor facilities relating to the management and

protection of marine parks, marine reserves, country
parks and special areas;
(h) all works not otherwise designated projects listed in
Parts A to P undertaken by the Country and Marine Parks
Authority under section 4 of the Country Parks
Ordinance (Cap. 208) or section 4 of the Marine Parks
Ordinance (Cap. 476) for developing and managing
country parks and special areas, marine parks and marine
reserves;
(i) maintenance of existing waterworks installations; or
(j) minor works including---
(i) improvements to catchwaters;
(ii) the provision of---
(A) water pipes and valves of diameter 450 mm
or less;
(B) water tanks;
(C) hydrological stations and associated
structures; and
(D) village supply schemes.
Q.2 Underground rock caverns.

PART II DECOMMISSIONING PROJECTS

DESIGNATED PROJECTS

DESIGNATED PROJECTS

1. Airports, including fueling and fuel storage, the aircraft maintenance and repair
facilities.
2. An oil refinery.
3. A municipal, chemical or clinical waste incinerator.
4. A public utility---electricity power plant.
5. A public utility---gas generation plant.
6. A water treatment works of a treatment capacity of 100,000 m3 per day or more.
7. An installation for storage or disposal of radioactive waste.
8. A waste disposal facility for pulverised fuel ash, furnace bottom ash or gypsum.
9. A metallurgical works with melting capacity exceeding 200,000 tonnes per annum
 (expressed as metal).
10. A petro-chemical works.
11. An explosives depot or explosives manufacturing plant.
12. A bulk chemical storage facility.
13. A store for liquefied petroleum gas with a storage capacity exceeding 200 tonnes.
14. A store for liquefied natural gas with a storage capacity exceeding 200 tonnes.
15. A store for coal and ores with a storage capacity exceeding 200 tonnes.
16. A store for oil with a storage capacity exceeding 200 tonnes.
17. A facility for ship building or repairing more than 1 ha in size or with a lifting
capacity in excess of 20,000 tonnes.

SCHEDULE 3 Major Designated Projects Requiring Environmental Impact

Assessment
Reports

DESIGNATED PROJECTS

1. Engineering feasibility study of urban development projects with a study area covering
more than 20 ha or involving a total population of more than 100,000.
2. Engineering feasibility study of redevelopment projects with a study area covering
more than 100,000 existing or new population.

Other relating legislations:

1. Air Pollution Control Ordinance (Cap.311)
2. Waste Disposal Ordinance (Cap.354)
3. Water Pollution Control Ordinance (Cap.358)
4. Noise Control Ordinance (Cap. 400)
5. Ozone Layer Protection Ordinance (Cap.403)
6. Dumping at Sea Ordinance (Cap.466)
7. Environmental Impact Assessment Ordinance (Cap.499)
8. Hazardous Chemicals Control Ordinance (Cap.595)
9. Product Eco-responsibility Ordinance (Cap. 603)
10. Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611)

Guidelines and References:

1. Technical Memorandum on Environmental Impact Assessment Process
2. Training Manual for the EIA Mechanism
3. Guidelines and Procedures for Environmental Impact Assessment of
Government Projects and Proposals (ETWB TCW No.13/2003)
4. Hong Kong Planning Standards & Guidelines
5. Code of Practice on Handling Environmental Aspects of Temporary Uses &
Open Storage Site.
6. Environmental Guidance Note for Sewage Pumping Stations which is not a
Designated Project
7. Recommended Pollution Control Clauses for Construction Contracts
8. Rural Planning and Improvement Strategy - Minor Projects Environmental
Guidance Note
9. Examples of Strategic Environmental Assessment (SEA) in Hong Kong