18 Mar 2005
SHIU WING STEEL LTD v. DIRECTOR OF ENVIRONMENTAL PROTECTION
- Citation
- SHIU WING STEEL LTD v. DIRECTOR OF ENVIRONMENTAL PROTECTION
- Court
- Court of Appeal
- Case number
- CACV350/2003
On proper construction the TM is guidance and the Study Brief is project‑specific; the Study Brief requires QRA only for hazardous scenarios that are credible or applicable to the project. The Director reasonably concluded the 100% instantaneous tank‑failure scenario was not a credible/applicable scenario for this PAFF (given tank design and site conditions) and therefore was not obliged to require a QRA for that scenario; accordingly his decisions approving the EIA Report and granting the environmental permit were lawful and the appeal is dismissed (majority).