17 Jul 2006
SHIU WING STEEL LTD v. DIRECTOR OF ENVIRONMENTAL PROTECTION
- Citation
- SHIU WING STEEL LTD v. DIRECTOR OF ENVIRONMENTAL PROTECTION
- Court
- Court of Final Appeal
- Case number
- FACV28/2005
The Court held that the approved EIA report did not lawfully meet the Study Brief and Technical Memorandum requirements because the QRA failed to quantify the catastrophic instantaneous 100% tank failure scenario and its potential fatalities; Annex 4 requires quantitative assessment of scenarios that may cause fatalities (even if low frequency) after proper identification from generic history adjusted for project specifics. Accordingly the s.8(3) approval (and the consequential s.10 permit) was quashed; s.6(3) is provisional and is subsumed by the s.8(3) approval.