Technical Memorandum
6. MATERIAL CHANGE TO A DESIGNATED PROJECT OR TO AN ENVIRONMENTAL
IMPACT
6.1 The definition of "material change" in the Ordinance shall
be used for a material change to a designated project. The material change
shall refer to significant changes only. As a matter of principle, an
environmental impact is considered to be adverse if any factor listed
in Annex 3 applies and the criteria in Annexes 4 to 10 may be violated.
As a general rule, changes under the following circumstances are regarded
as material changes to a designated project:
(a) a change to physical alignment, layout or design of the project
causing an environmental impact likely to affect existing or planned
community, ecologically important areas or sites of cultural heritage;
(b) a physical change resulting in an increase in the extent of reclamation
or dredging affecting water flow or quality likely to affect ecologically
important areas , or disrupting sites of cultural heritage;
(c) an increase in pollution emissions or discharges or waste generation
likely to violate guidelines or criteria in this technical memorandum
without mitigation measures in place;
(d) an increase in throughput or scale of the project leading to physical
additions or alterations that are likely to violate the guidelines or
criteria in this technical memorandum without mitigation measures in place;
or
(e) a change resulting in physical works that are likely to affect a rare,
endangered or protected species, or an important ecological habitat, or
a site of cultural heritage.
6.2 The environmental impact of a designated project, for which an environmental
permit has been issued, is considered to be materially changed if the
environmental performance requirements set out in the EIA report for this
project may be exceeded or violated, even with the mitigation measures
in place.
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