Hong Kong Ordinances
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ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE - SCHEDULE 1
INTERPRETATION
Caution: This is a past version. See the current version here.
[section 2]
In this Ordinance, unless the context otherwise requires- "abattoir" (屠場)
means premises or a place habitually used for the slaughter of animals for
human consumption; "aircraft maintenance and repair plant"
(飛機維修與修理廠) means a place, building or structure where aircraft
or its parts are stored, repaired, washed or greased; "Appeal Board"
(上訴委員會) means the appeal board constituted under section 19;
"associated person" (相聯繫的人) means-
(a) the spouse or minor child or minor step-child of the person;
(b) a corporation of which the person is a director;
(c) an employee or partner of the person;
(d) the trustee of a trust of which the person, his spouse, minor child or
minor step-child, is a beneficiary or a discretionary object;
(e) another person who has agreed or arranged to act together with the
person to acquire, hold or dispose of shares or other interests in a
corporation or to act together in voting in the corporation;
(f) another person in accordance with whose directions the person is
accustomed or obliged to act;
(g) another person accustomed or obliged to act in accordance with the
directions of the person;
(h) a corporation in accordance with whose directions or the directions of
its directors the person is accustomed or obliged to act;
(i) a corporation accustomed or obliged to act, or whose directors are
accustomed or obliged to act, in accordance with the directions of the
person;
(j) a corporation of which the person, either alone or together with his
spouse, minor child or minor step-child, is directly or indirectly
entitled to exercise or control the exercise of 35% or more of the
voting power;
(k) a corporation of which the person, either alone or together with
another, including a corporation in which the person is entitled to
exercise or control the exercise of 35% or more of its voting power,
is directly or indirectly entitled to exercise or control the exercise
of 35% or more of the voting power;
(l) a corporation of which the person controls the composition of the
board of directors of the corporation;
(m) if the person is a corporation-
(i) a director of the corporation;
(ii) a corporation which is a holding company of the corporation or
a subsidiary of the holding company;
(iii) a subsidiary of the corporation;
(iv) a director or employee of the subsidiary;
(v) a pension fund, provident fund or employee share scheme of the
corporation or of a subsidiary of the corporation; "bathing
beach" (泳灘) means any bathing beach which is specified in
the Fourth Schedule to the
Public Health and Municipal Services (Cap 132); "bulk chemical
storage facility" (散裝化學物品貯存設施) means a
facility that is or may be used for storing materials of a
hazardous nature for delivery to or by seagoing bulk chemical
carriers and includes related product blending, drum and bottle
storage and dispatch facilities; "Chairman" (主席) means the
Chairman of the Appeal Board panel appointed under
section 18(2); "chemical waste" (化學廢物) means waste
which is chemical waste within the meaning of
Waste Disposal (Chemical Waste) (General) Regulation ( Cap 354
sub. leg. C); "coastal protection area" (海濱保護區) means
a coastal protection area shown in a draft or approved plan
prepared under section 3 of the Town Planning Ordinance (
Cap 131); "conservation area" (自然保育區) means a
conservation area shown in a draft or approved plan prepared
under section 3 of the Town Planning Ordinance ( Cap 131);
"container backup facilities" (貨櫃支援設施) means
facilities essential to the handling of containers which do not
require (but may have) a waterfront location and includes
container yards, empty container storage and repair depots,
container freight stations and container vehicle parks;
"controls the composition of the board of directors of the
corporation" (控制 法團董事局的組成) means to be
able, either alone or with the consent or concurrence of
another person, to appoint or remove a majority of the
directors and a person is taken as having the power to appoint
or remove a director if-
(a) a director cannot be appointed without the person exercising a power
in favour of the prospective director; or
(b) a person's appointment as a director follows necessarily from his
being a director or other officer of the person; "corporation"
(法團) means any company or other body corporate incorporated in
Hong Kong or elsewhere, but does not include-
(a) any body corporate that is incorporated in Hong Kong and is a public
authority or an organ or agency of the Government;
(b) any corporation sole;
(c) any credit union registered under the Credit Unions Ordinance (
Cap 119); or
(d) any corporation registered under the Building Management Ordinance (
Cap 344); "country park" (郊野公園) means a country park within
the meaning of section 2 of the Country Parks Ordinance ( Cap 208);
"crematorium" (火葬場) means a crematorium within the meaning of
the Public Health and Municipal Services Ordinance ( Cap 132);
"decommissioning" (解除運作) means ceasing production and
demolishing an existing plant for the development or redevelopment of
the site; "Deputy Chairman" (副主席) means a Deputy Chairman of the
Appeal Board panel appointed under section 18(3); "designated project"
(指定工程項目) means a project listed in Schedule 2 or 3 or
specified by the Secretary under section 4(4) as a designated project;
"Director" (署長) means the Director of Environmental Protection;
"education institution" (教育機構) means an institution,
organization or place which provides, or where there is provided, for
10 or more persons during any one day, whether or not at the same
time, kindergarten, primary, secondary or post secondary education or
any other educational course; "environment" (環境)-
(a) means the components of the earth; and
(b) includes-
(i) land, water, air and all layers of the atmosphere;
(ii) all organic and inorganic matter and living organisms; and
(iii) the interacting natural systems that include any of the things
referred to in subparagraph (i) or (ii); "environmental impact"
(環境影響), for a designated project, means-
(a) an on-site or off-site change that the project may cause in the
environment;
(b) an effect of the change on-
(i) the well being of people, flora, fauna and ecosystems;
(ii) physical and cultural heritage;
(iii) a structure, site or other thing that is of historical or
archaeological significance;
(c) an on-site or off-site effect on any of the things referred to in
paragraph (b) from activities carried on for the project;
(d) a change to the project that the environment may cause, whether the
change or effect occurs within or outside the site of the project;
"environmental impact assessment report" (環境影響評估報告)
means a report prepared under section 6; "environmental impact
assessment study brief" (環境影響評估研究概要) means a study
brief issued under section 5(7)(a); "environmental permit"
(環境許可證) means an environmental permit issued under
section 10(5); "existing uses" (現有用途) means those uses existed
at the time when the application under sections 9 and 13 are made;
"expressway" (快速公路) means an expressway within the meaning of
section 122 of the Road Traffic Ordinance ( Cap 374); "fish culture
zone" (魚類養殖區) means a fish culture zone within the meaning
of section 2 of the Marine Fish Culture Ordinance ( Cap 353); "health
care institution" (健康護理機構) means hospitals, polyclinics
and clinics; "heavy railway" (重型鐵路) means railway for freight
transport or for a passenger transit system with a capacity exceeding
40000 passengers per hour per direction; "industrial estate"
(工業邨) means any industrial estate referred to in Schedule 1 to
the Hong Kong Science and Technology Parks Corporation Ordinance (
Cap 565); (Replaced 5 of 2001 s. 40) "light railway" (輕型鐵路)
means railway for a passenger transit system with a capacity not
exceeding 40000 passengers per hour per direction; "major extensions
or improvements to existing roads"
(對現有道路作重大擴建或改善) means a physical addition,
alteration or re-alignment to existing roads which results in an
adverse environmental impact as defined in the technical memorandum;
"marine park" (海岸公園) means a park within the meaning of the
Marine Parks Ordinance ( Cap 467); "marine reserve" (海岸保護區)
means a reserve area that falls within the meaning of the
Marine Parks Ordinance ( Cap 476); "material change" (實質改變)
means a physical addition or alteration to a designated project which
results in an adverse environmental impact as defined in the technical
memorandum; "mid-stream operations" (中流作業) means the working
of cargo by a ship while moored at a buoy or while at anchor;
"mitigation" (緩解), for a designated project-
(a) means the elimination, reduction or control of the adverse
environmental impact of the project;
(b) includes restitution by replacement, restoration, compensation or
other means for damage to the environment caused by the impact; "pier"
(碼頭) means a structure built out over the water and supported by
pillars or piles, used as a landing place for ferries, boats, ships
and other vessels including structures accommodating hydrofoil and
jetfoil vessels; "planned use" (計劃用途) means the land use
proposed in the draft or approved plans prepared under the
Town Planning Ordinance ( Cap 131) or any other land use plans
published by the Government; "primary distributor" (主要幹路)
means roads forming the major network of the urban area including
roads having high capacity junctions, although they may be at grade or
grade separated, with segregated pedestrian facilities wherever
possible and frontage access limited if not entirely restricted, and
with a 24 hour stopping restriction; "project profile"
(工程項目簡介) means the description of the project that
complies with the requirements of the technical memorandum; "public
cargo working area" (公眾貨物裝卸區) means an area set out in
the Port Control (Cargo Working Areas) Ordinance ( Cap 81) as a
public cargo working area; "quarantine station or segregation place
for animals" (動物檢疫站或隔離處) means a place used for the
quarantine of animals when they are imported into Hong Kong and
detained there for such period as the veterinary officer may require;
"railway depot" (鐵路車廠) means a facility for the storage,
maintenance or repair of light or heavy railway rolling stock or
equipment used for track maintenance, including areas where shunting
facilities are used for operational purposes; "railway marshalling
yard" (鐵路調車場) means a facility in a railway system mainly
for sorting train wagons into different formations according to an
order for operation purposes; "religious institution" (宗教機構)
means a place or building, or a place of worship where in accordance
with the practice of religious principles services are held or prayers
said by congregations loyal to a belief and includes Chinese temples
as set out in paragraph (b) of the definition of "Chinese temple" in
section 2 of the Chinese Temples Ordinance ( Cap 153) and ancillary
offices car parks and quarters that are essential to the operation of
the particular organization; "river trade limits" (內河航限) means
the river trade limits defined in the
Shipping and Port Control Ordinance ( Cap 313); "river trade terminal"
(內河碼頭) means a terminal for handling or storing cargo by
vessels routinely operating within waters within river trade limits;
"road tunnel" (行車隧道) means a private or public tunnel and its
portal area within the meaning of the
Road Tunnels (Government) Ordinance ( Cap 368); "Secretary" (局長)
means the Secretary for the Environment, Transport and Works;
(Replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002) "service
reservoir" (配水庫) means a place or structure where water from a
water treatment works is stored for delivery to other service
reservoirs for distribution to the consumers of a water supply
district; "ship building or ship repairing yard"
(船舶建造或修理場) means any place, structure or building in
which ships, boats and other sailing vessels are constructed,
repaired, renewed or broken down into parts; "site of cultural
heritage" (文化遺產地點) means an antiquity or monument, whether
being a place, building, site or structure or a relic, as defined in
the Antiquities and Monuments Ordinance ( Cap 53) and any place,
building, site, or structure or a relic identified by the Antiquities
and Monuments Office to be of archaelogical, historical or
palaeontological significance; "site of special scientific interest"
(具有特別科學價值的地點) means an area of land or water of
special scientific interest by reason of its flora, fauna or
geographical features identified by the Agriculture, Fisheries and
Conservation Department and listed in the register of sites of special
scientific interest maintained by the Planning Department; (Amended
L.N. 331 of 1999) "special area" (特別地區) means a special area
as defined in the Country Parks Ordinance ( Cap 208); "special
wastes" (特殊廢物) includes clinical waste, animal carcasses and
security waste, including Government documents including those to be
treated by centralised incineration facility; "technical memorandum"
(技術備忘錄) means a technical memorandum issued under
section 16; "tramway" (電車軌道) means the roadway over which a
tram passes and the roadway of any bridge forming part of or leading
to the roadway as defined in the Tramway Ordinance ( Cap 107);
"transport depot" (運輸車廠) means a facility for the
construction, repair or maintenance of transport vehicles and their
parking when not in operation; "trunk road" (幹道) means a road
connecting the main centres of population being a high capacity road
with no frontage access or development, pedestrians segregation,
widely spaced grade-separated junctions, and a 24 hour stopping
restriction; "typhoon shelter" (避風塘) means a typhoon shelter
within the meaning of the
Shipping and Port Control (Typhoon Shelters) Regulations ( Cap 313
sub. leg.); "wild animal protection area" (野生動物保護區)
means an area designated as a restricted area under the Sixth Schedule
to the Wild Animals Protection Ordinance ( Cap 170). "abattoir"
(屠場) "aircraft maintenance and repair plant"
(飛機維修與修理廠) "Appeal Board" (上訴委員會)
"associated person" (相聯繫的人) "bathing beach" (泳灘) "bulk
chemical storage facility" (散裝化學物品貯存設施) "Chairman"
(主席) "chemical waste" (化學廢物) "coastal protection area"
(海濱保護區) "conservation area" (自然保育區) "container
backup facilities" (貨櫃支援設施) "controls the composition of
the board of directors of the corporation" (控制
法團董事局的組成) "corporation" (法團) "country park"
(郊野公園) "crematorium" (火葬場) "decommissioning"
(解除運作) "Deputy Chairman" (副主席) "designated project"
(指定工程項目) "Director" (署長) "education institution"
(教育機構) "environment" (環境)- "environmental impact"
(環境影響) "environmental impact assessment report"
(環境影響評估報告) "environmental impact assessment study
brief" (環境影響評估研究概要) "environmental permit"
(環境許可證) "existing uses" (現有用途) "expressway"
(快速公路) "fish culture zone" (魚類養殖區) "health care
institution" (健康護理機構) "heavy railway" (重型鐵路)
"industrial estate" (工業邨) "light railway" (輕型鐵路) "major
extensions or improvements to existing roads"
(對現有道路作重大擴建或改善) "marine park" (海岸公園)
"marine reserve" (海岸保護區) "material change" (實質改變)
"mid-stream operations" (中流作業) "mitigation" (緩解) "pier"
(碼頭) "planned use" (計劃用途) "primary distributor"
(主要幹路) "project profile" (工程項目簡介) "public cargo
working area" (公眾貨物裝卸區) "quarantine station or
segregation place for animals" (動物檢疫站或隔離處) "railway
depot" (鐵路車廠) "railway marshalling yard" (鐵路調車場)
"religious institution" (宗教機構) "river trade limits"
(內河航限) "river trade terminal" (內河碼頭) "road tunnel"
(行車隧道) "Secretary" (局長) "service reservoir" (配水庫)
"ship building or ship repairing yard" (船舶建造或修理場)
"site of cultural heritage" (文化遺產地點) "site of special
scientific interest" (具有特別科學價值的地點) "special
area" (特別地區) "special wastes" (特殊廢物) "technical
memorandum" (技術備忘錄) "tramway" (電車軌道) "transport
depot" (運輸車廠) "trunk road" (幹道) "typhoon shelter"
(避風塘) "wild animal protection area" (野生動物保護區)
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