Environment Protection Act (Cap. 549), article 43

43. (1) Where the Authority is unable to prepare a plan or policy or fails to delegate such function as is envisaged in ar ticle 42(5), the Minister shall request any person, including any government entity other than the Authority, to prepare on his b ehalf a plan or policy or a revision of such a plan or such policy. (2) The Minister shall consult the Authority on the terms of 28 [CAP. 549. ENVIRONMENT PROTECTION reference which are to form the basis of the preparation of a p lan or a policy or a revision of such plan or policy by the said perso n. The Minister shall then furnish the said person with the relative t erms of reference and shall also indicate to the said person the documentation which shall be presented to the Minister when the plan, policy or a revision of such plan or policy is drawn up. On receipt of such documen tation, the Minister shall forward a cop y of such documentation to the Authority. (3) The Minister shall also request the said person to comply with the provisions of article 51. For the purposes of the said paragraphs, the expression "the Authority" shall be construed a s a reference to the said person and such person shall revise, if necessary, the plan, policy or a revision thereof after taking into consideration the represen tations he may have received. (4) If the Authority agrees with such a plan, policy or revision thereof, it shall adopt it for submission to the Minister for h is approval; and the provisio ns of article 51 shall, mutatis mutandis , apply. (5) If the Authority does not agree with the said plan, policy o r revision of such plan or such policy, it shall draw up a positi on statement indicating the changes to be made to the said plan, p olicy or revision thereof and shall refer both the said plan, policy or revision of such plan or such policy and its position statement to the Minister; and the prov isions of article 51 shall mutatis mutandis apply. (6) The plan, policy or the revision of such plan or policy shal l only be prepared by or under the direction of an expert in the environment having such qualif ications as the Minister may prescribe in consultation with the Authority. Strategic Environment Assessment and other assessments.