【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第3页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (2) Subject to subsection (6), any person who at any place within a designated area between the hours of 7 p.m. and 7 a.m., or at any time on a general holiday, carries out, or causes or permits to be carried out, any construction work prescribed for the purposes of this subsection- (Amended 2 of 1994 s. 3) (a) in respect of which a construction noise permit is not in force; or (b) otherwise than in accordance with the conditions of a construction noise permit in force in respect thereof, commits an offence. (3) Subject to subsection (6), any person who at any place between the hours of 7 a.m. and 7 p.m. on any day, not being a general holiday, carries out, or causes or permits to be carried out, any percussive piling- (a) in respect of which a construction noise permit is not in force; or (b) otherwise than in accordance with the conditions of a construction noise permit in force in respect thereof, commits an offence. (4) Subject to subsection (6), any person who at any place between the hours of 7 p.m. and 7 a.m., or at any time on a general holiday, carries out, or causes or permits to be carried out, any percussive piling commits an offence. (5) Subject to subsection (6), any person who commits an offence under this section shall be liable- (a) on first conviction to a fine of $100000; (b) on second or subsequent conviction, to a fine of $200000,and in any case to a fine of $20000 for each day during which the offence continues. (Amended 2 of 1994 s. 9) (6) The owner, tenant or occupier of domestic premises may perform construction work in those premises without a construction noise permit being in force in respect thereof provided that- (a) the construction work is performed only by the owner, tenant or occupier, as the case may be; (b) the only powered mechanical equipment used for the construction work is portable and designed for operation while held by hand without any other form of support; and (c) only one item of powered mechanical equipment is in use in the premises at any one time. (Replaced 2 of 1994 s. 3) (Enacted 1988) Cap 400 s 7 Noise from construction work contrary to regulations Remarks: not yet in operation (1) Any person who at any place on any occasion carries out, or causes or permits to be carried out, any construction work contrary to any noise control regulations made under section 27(1) for the purposes of this section commits an offence. (2) Any person who commits an offence under this section shall be liable- (a) on first conviction to a fine of $100000; (b) on second or subsequent conviction, to a fine of $200000,and in any case to a fine of $20000 for each day during which the offence continues. (Amended 2 of 1994 s. 9) (Enacted 1988) Cap 400 s 8 Construction noise permits (1) The Authority may issue construction noise permits and may impose in relation to any construction noise permit any condition he thinks fit. (2) An application for a construction noise permit shall be made to the Authority in the prescribed form and manner and be accompanied by the prescribed fee. (3) In considering an application under this section, the Authority shall be guided by any Technical Memoranda issued from time to time under section 9(1). (4) Not later than 28 days after an application made under this section is received by the Authority, he shall issue a construction noise permit or serve on the applicant written notice of his refusal to issue the permit, and if at the end of those 28 days he has done neither of those things a permit shall be deemed to have been issued. (5) The Authority may refuse to issue a construction noise permit if the issue of a permit would be contrary to any principle, procedure, guideline, standard or limit set out in any Technical Memoranda issued from time to time under section 9(1). (Amended 37 of 1997 s. 2) (6) Where the Authority issues a construction noise permit, the Authority shall serve written notice of that decision on the applicant and in the case of a permit subject to conditions issued in respect of percussive piling, shall adequately state in the notice the reasons for the imposition of those conditions. (7) Where the Authority refuses to issue a construction noise permit, the Authority shall serve written notice of that decision on the applicant and shall adequately state in the notice the reasons for such refusal. (8) No fee paid in respect of an application for a construction noise permit shall be liable to be refunded. (9) A construction noise permit- (a) shall be in the prescribed form; (b) shall be in force for such period as shall be specified therein; and (c) may be renewed in the prescribed manner, before or after its expiry, for such further period or periods, and subject to such variation of conditions or the imposition of new conditions as shall be specified therein.(10) The Authority may amend or vary the conditions of a construction noise permit including a construction noise permit deemed, by virtue of subsection (4), to have been issued or impose new conditions in relation to a construction noise permit if the Authority is satisfied that- |
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