Technical Memorandum
5. PERMISSION TO PROCEED DIRECTLY TO APPLY FOR AN ENVIRONMENTAL PERMIT
5.1 The Director will permit an applicant to proceed directly for an environmental permit if the conditions set out in section 5(9) (a) and (b) of the Ordinance are satisfied. The environmental impact is considered to be adequately assessed in an EIA report in the register if the project is covered by that EIA report, the environmental impact of the project has been demonstrated to comply with the relevant guidelines and criteria adopted in that report, and the mitigation measures have been defined.
5.2 For a material change to an exempted project, the Director will permit the applicant to proceed directly to apply for an environmental permit if the conditions laid down in section 5(10) of the Ordinance are satisfied. If the environmental impact cannot be determined or if there are serious doubts or uncertainties on whether the mitigation measures can reduce the impacts to meet the criteria or guidelines, an EIA study shall be required to particularly address such issues.
5.3 By definition, the projects listed in Schedule 2 and 3 to the Ordinance have potential for causing adverse environmental impacts. Section 5(11) of the Ordinance applies to those projects which are proved beyond reasonable doubt that the environmental impact of the project falls well within the relevant guidelines and criteria laid down in this technical memorandum and the effectiveness of the mitigation measures has been demonstrated in practice. For the purpose of determining whether the environmental impact is likely to be adverse, it refers to the environmental impact of the project without mitigation measures in place. The Annexes 3 to 10 and other relevant factors in this technical memorandum shall be used to determine whether the environmental impact of the project is likely to be adverse. If the environmental impact of the project requires detailed assessment to evaluate and confirm its acceptability, the Director will require an EIA study to be undertaken to particularly address such issues.
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