Environment Protection Act (Cap. 549), article 69

69. (1) The Authority shall prepare, and from time to time review, a list of protected areas, habitats and species which a re to be protected for conservation and may in respect of all or any one or more of the protected areas, habitats or species make protection and conservation orders to regulate their protection, conservation and management. Such orders shall be published in the Gazette and o n the Authority’s website. (2) Any additions or amendments t o such orders thereto, shall be published by the Authority in the Government Gazette and on the Authority’s website. The Authority shall set up a mechanism to notify any one of the owners of any property subject of a conservation order of the fact o f its inclusion in the list and of any conservation order mad e with respect to it. (3) The carrying out of any activity and/or works in any protected area may be prohibite d or restricted as provided in relevant regulations or in a conservation order. (4) Subject to the provisions of this article, further detailed procedures regulating the app lication of this article shall be established in regulatio ns issued under this Act. (5) In respect of any site in a pr otected area, the Authority sh all also have power to require the owner, by notice in writing, to undertake such works or actions g enerally, or as may be specifi ed in the notice, as may be necessary to ensure that no further deterioration occurs. In default, the Authority may give a furt her notice to the owner to carry out a nd complete the works or acti ons within a specified time, and if t he owner is still in default i t may itself carry out, or cause to be carried out, the necessary wor ks or actions and recover the cost thereof from the owner. (6) An owner of a site in a protected area has a right to reques t the reconsideration of any protection of his land. Such request shall be entered in writing with the Authority within thirty days of notification or publication in t he Gazette, whichever is the la ter, of the protection and the Authority shall decide within three mont hs of receipt by it of the reque st for reconsideration. (7) The Minister’s endorsement shall be sought when the Authority decides to r emove or downgrades the protection afford ed to a protected area, and no such removal of protection or downgrading shall be valid before it is endo rsed by the Ministe r. (8) Any person who feels aggrieved by a decision of the Authority under this article may appeal to the Tribunal for a revocation or modification of suc h a decision in accordance wit h the procedure establis hed under article 63. (9) An appeal to the Tribunal from the protection of an area or the issue of a protection or conservation order shall not stay the execution of such an order. (10) If a site or area which is not protected under the provisio ns ENVIRONMENT PROTECTION [CAP. 549. 49 of this Act or any regulations made thereunder, but which the Authority believes could have an importance or value sufficient to have it protected, is at risk of being damaged or destroyed, th e Authority may make an emergency conservation order and take such further steps for the protection of such site or area as i t may deem necessary: Provided that in case of urgency the Chairperson of the Authority may make an emergency conservation order without the need of consulting the other members of the Authority. (11) An emergency conservation order shall be published in the Gazette and shall have effect i mmediately on its publication. (12) An emergency conservation or der shall, for a period of six months from its publication in the Gazette, have the same effec t as the inclusion of the area to which it refers in the list of pro tected areas. It shall cease to have any effect on the expiration of t he period aforesaid, provided that the Authority shall within such period undertake any further studies or investigations as it deems necessary and thereupon decide to revoke or amend the order or replace it with a more definitiv e protection or conservation or der in line with sub-article (1). Where such studies or investigations and decision-making cannot be satisfactorily completed within the aforesaid six-month period, the Authority may renew the emergency conservation order for further periods as it deems reasonable or indispensable, justifying its decision. (13) An appeal to the Tribunal fr om an emergency conservation order, or from an extension of time in line with sub-article (1 2), shall not stay the execution of such order. Liability for environmental damage.