【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第4页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (a) a condition of the construction noise permit has been contravened; (b) the construction noise permit was issued in consequence of misleading, false, wrong or incomplete information furnished by the applicant in connection with the application; or (c) except where the construction noise permit is in respect of any percussive piling, the public interest so requires.(11) The Authority may cancel a construction noise permit including a construction noise permit deemed, by virtue of subsection (4), to have been issued- (a) if the person to whom the construction noise permit was issued requests the cancellation thereof; (b) if the Authority is satisfied that- (i) a condition of the construction noise permit has been contravened; (ii) the construction noise permit was issued in consequence of misleading, false, wrong or incomplete information furnished by the applicant in connection with the application; or (iii) except where the construction noise permit is in respect of any percussive piling, the public interest so requires.(12) Where the Authority cancels a construction noise permit or amends or varies the conditions of a construction noise permit or imposes new conditions in relation to a construction noise permit under subsection (9), (10) or (11)(b), the Authority shall give written notice of the decision to the person to whom the construction noise permit was issued and shall adequately state in the notice the reasons for the cancellation, or the amendment or variation of conditions, or the imposition of new conditions, as the case may be. (13) Without prejudice to the generality of subsection (1), (9) or (10) the conditions that the Authority may impose in relation to a construction noise permit may provide for- (a) the display of the construction noise permit or a copy thereof at any specified location; (b) maximum noise levels that shall not be exceeded at any specified location at any specified time; (c) limitations relating to the time when any specified powered mechanical equipment may be used; and (d) limitations relating to the time when any specified construction work may be carried out,and for the purposes of this subsection "specified" (指明) means specified in the construction noise permit. (Enacted 1988) Cap 400 s 8A Designated areas (1) The Secretary may, by notice published in the Gazette, establish an area as a designated area. (2) Where a designated area has been established, the Secretary may, under section 9(1), issue Technical Memoranda applicable to one or more designated areas and, where there is a conflict between Technical Memoranda issued for a designated area and Technical Memoranda issued for the entire territory, the former shall apply. (Added 2 of 1994 s. 4) (Enacted 1988) Cap 400 s 9 Technical Memoranda relating to noise emanating from construction sites (1) The Secretary may issue from time to time Technical Memoranda setting out principles, procedures, guidelines, standards and limits for- (a) the prediction, measurement and assessment of noise emanating from a construction site; (b) the issuing of construction noise permits; (c) the imposition and variation of conditions in relation to construction noise permits; (d) the determination of whether or not the conditions of a construction noise permit are being complied with,and those Technical Memoranda may require or authorize the Authority, in any particular case, to follow the advice of the Secretary in relation to paragraphs (b) and (c). (1A) Without prejudice to the generality of subsection (1), a Technical Memorandum issued under that subsection may set out different principles, procedures, guidelines, standards and limits in respect of different types of percussive device that may be used in percussive piling. (Added 37 of 1997 s. 3) (2) The Authority shall be guided by Technical Memoranda issued from time to time under subsection (1) when carrying out his functions in respect of noise emanating from a construction site. (3) A copy of every Technical Memorandum issued from time to time under subsection (1) shall be made available by the Secretary for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours of business. (Enacted 1988) Cap 400 s 10 Technical Memoranda relating to noise emanating from places other than domestic premises, public places or construction sites Noise from Places other than Domestic Premises, Public Places or Construction Sites (1) The Secretary may issue from time to time Technical Memoranda setting out principles, procedures, guidelines, standards and limits for- (a) the measurement and assessment of noise emanating from any place other than domestic premises, a public place or a construction site; (b) the issuing of noise abatement notices in respect of such noise; (c) the determination of whether or not a noise abatement notice is being complied with.(2) The Authority shall be guided by Technical Memoranda issued from time to time under subsection (1) when undertaking any measurement or assessment to determine if a noise abatement notice should be served under section 13(1)(c). |
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