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 only refer to significant changes which result in an adverse environmental impact. 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 without additional mitigation measures in place are regarded as material changes to a designated project:
(a) a change to physical alignment, layout or design of the project causing an adverse 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 adversely 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;
(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; or
(e) a change resulting in physical works that are likely to adversely 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 requirements set out in the EIA report for this project (including relevant documents submitted under the Ordinance for that EIA report) may be exceeded or violated, even with the mitigation measures in place.
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