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Legal Update

Approval of an Environmental Impact Assessment Report and the Issuance of an Environmental Permit by the Director of Environmental Protection in the Capacity as both Applicant and Grantor of Approval

3 September 2013
Mayer Brown JSM Legal Update

Legal principles which apply when challenges are made to the approval of an Environmental Impact Assessment (EIA) Report and the issuance of an Environmental Permit (EP) by the Director of Environmental Protection (Director) in the Director’s capacity as both the applicant and grantor of approval.

The Court of First Instance considered the legal principles which apply in the above circumstance in Leung Hon Wai v. Director of Environmental Protection and Town Planning Board (HCAL 49/2012), which concerns a judicial review relating to a "designated project" to construct and operate a muncipal wastes incinerator (Project).

Authors

  • Geoffrey Y. M. Chan
    T +852 2843 4200
  • Mei Ling Lew
    T +852 2843 2491

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