【法规名称】
【法规编号】 79188 什么是编号？
【正 文】
CAP 400J NOISE CONTROL ORDINANCE (EXEMPTION FROM SECTION 6(1) AND (2) (CHEK LAP KOK AIRPORT)) ORDER
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(Cap 400 section 35) [1 June 1997] (L.N. 190 of 1997) Cap 400J s 1 Commencement This Order shall come into operation upon the expiration* of the Noise Control Ordinance (Exemption from Section 6(1) and (2) (Chek Lap Kok)) Order (Cap 400 sub. leg.). _________________________________________________________________________________ Note: * 31 May 1997 Cap 400J s 2 Exemption (1) Subject to section 3, section 6(1) and (2) of the Ordinance shall not apply to the construction of the Airport at Chek Lap Kok ("the Airport"), including the construction works to be carried out within the areas specified in Schedule 1, from the coming into operation of this Order to and including 31 May 1999. (2) The exemption mentioned in subsection (1) shall apply to- (a) the Airport Authority within the meaning of the Airport Authority Ordinance (Cap 483); and (b) all contractors, sub-contractors and suppliers employed in respect of the construction. Cap 400J s 3 Conditions The exemption in section 2(1) is granted subject to the conditions detailed in Schedule 2. Cap 400J s 4 Emergency The conditions imposed by section 3 shall not apply in the case of emergency work necessary to save life or property or for the safety of the works. Cap 400J s 5 Control The control of the exemption shall be by way of conditions of contract incorporating the principles described in Schedule 3. Cap 400J Sched 1 [section 2] The locations and the works boundaries for the 24-hour construction of the Airport are more particularly delineated in Drawing No. NA-EXCO-1 deposited in the office of the Airport Authority at 25th Floor, Central Plaza at Wan Chai. Cap 400J Sched 2 CONDITIONS OF EXEMPTION [section 3 & Schedule 3] Noise mitigation requirements 1. The following maximum allowable noise levels resulting from the works at the Chek Lap Kok site, in dB(A), shall not be exceeded at various noise sensitive receivers (NSRs) at North Lantau- TABLE Areas of Noise Sensitive Receivers Restricted periods Tung Chung New Town Tung Chung San Tau Sha Lo Wan Sha Lo Wan (Shore) 0700-1900 General Holidays (including Sundays) +1900-2300 All Days 65 65 65 60 65 2300-0700 All Days 55 55 60 55 60Deployment of the existing construction plant around the site shall be adjusted immediately to ensure that the maximum allowable noise levels are not exceeded at the external facade of any of the NSRs as in the Table. For the worst case, some plants may need to be shut down temporarily to meet the maximum allowable noise levels. 2. The southern tip of Chek Lap Kok shall be preserved to act as a natural noise barrier. 3. All rock drills for the construction works shall have a sound power level of 110 dB(A) or less. Cap 400J Sched 3 CONDITIONS OF CONTRACT TO BE INCLUDED [section 5] Conditions of contract adopting the principles set out below shall be incorporated in all relevant contracts and shall thereafter be implemented- 1. Each contractor shall be given permission to work within the periods set out in the Table in Schedule 2 provided that works under its contract do not produce noise which exceeds the limits set out in Schedule 2. 2. The project manager shall have a duty- (a) to monitor the noise in accordance with the Annex to this Schedule; and (b) to instruct the contractor to take remedial measures where there is breach. 3. If so instructed by the project manager, the contractor shall have an obligation to take appropriate remedial action. 4. If the contractor fails to remedy the breach, the project manager shall be empowered to specify remedial action. 5. The project manager shall be empowered to require breaches to be remedied immediately and shall be under a duty generally to do so. However, if in the view of the project manager it would be impossible for the contractor to remedy the breach immediately, the project manager shall be empowered, having had regard to- (a) the seriousness of the consequence of the breach; and (b) the remedial action required,to permit the contractor on an exceptional basis the minimum period necessary for the contractor to comply with his instruction which shall not in any event exceed 7 days. 6. If the contractor fails to remedy the breach within such time as shall have been specified in the project manager's instruction, the project manager shall have a duty to suspend the works or any part of the works. 7. Where work is essential for the safety of life, property or the works, there shall be a general exclusion from the obligations of the contractor to comply with the limits set out in Schedule 2. 8. The contractor shall not be entitled to any form of compensation in the event that this order is amended or repealed as a result of its own default. ANNEX NOISE MONITORING REQUIREMENTS DURING CONSTRUCTION 1. Monitoring equipment and methodology must comply with the Technical Memorandum on Noise from Construction Work other than Percussive Piling, issued under section 9 of the Ordinance. |
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