【法规名称】
【法规编号】 79368 什么是编号？
【正 文】
第2页 CAP 311R AIR POLLUTION CONTROL (CONSTRUCTION DUST) REGULATION
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[接上页] (a) maintenance or resurfacing; (b) erection of poles or structures; (c) trial hole opening; or (d) laying or repairing of pipes, cables, ducts, valve boxes, chambers or any other utility services;"site formation" (工地平整工程) includes- (a) excavations on sloping land; (b) filling; (c) any earth moving work for preparation of a construction site; and (d) groundwater drainage work as defined in section 2 of the Buildings Ordinance (Cap 123);"specified" (指明), in relation to a form or the particulars to be given on a form, means specified by the Authority; "utility services" (公用服务设施) means public services involving electricity, lighting, traffic control, gas, telecommunications, cable television, water supply, drainage and sewerage, public transportation, and any associated supporting services. (36 of 2000 s. 28) (2) For the purpose of this Regulation, a contractor is responsible for a construction site if he is carrying out construction work at the site or, where more than one contractor is carrying out construction work at the site, if he is the principal contractor carrying out such work. Cap 311R s 3 Notification (1) The contractor responsible for a construction site where any notifiable work is proposed to be carried out shall give notice to the Authority of the proposal to carry out the work. (2) A notice under subsection (1) shall be given to the Authority before the proposed notifiable work commences to be carried out and shall be in the specified form and include the specified particulars. (3) Where any change relating to any of the particulars given in a notice under subsection (1) is proposed, the contractor responsible for the construction site shall give notice to the Authority of the proposed change. (4) A notice under subsection (3) shall be given to the Authority before the proposed change takes effect and shall be in the specified form and include the specified particulars. (5) Any person who contravenes this section commits an offence and is liable to a fine at level 4 on conviction for a first offence and to a fine at level 5 on conviction for a second or subsequent offence. Cap 311R s 4 Control of notifiable works (1) The contractor responsible for a construction site where a notifiable work is being carried out shall ensure that the work is carried out in accordance with the Schedule. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 5 on conviction for a first offence and to a fine at level 6 and to imprisonment for 3 months on conviction for a second or subsequent offence, and in addition, if the offence is a continuing offence, to a fine of $10000 for each day during the whole or any part of which the offence continues. Cap 311R s 5 Control of regulatory works (1) The contractor responsible for a construction site where a regulatory work is being carried out shall ensure that the work is carried out in accordance with the Schedule. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 4 on conviction for a first offence and to a fine at level 5 on conviction for a second or subsequent offence, and in addition, if the offence is a continuing offence, to a fine of $5000 for each day during the whole or any part of which the offence continues. Cap 311R s 6 Control of storage of dusty materials associated with excluded works (1) The contractor responsible for a construction site where an excluded work is being carried out shall ensure that any dusty materials which are- (a) used or intended to be used for the purpose of the excluded work; or (b) produced as a result of the excluded work being carried out,and which are stored outside the site are stored and handled in accordance with any relevant provisions of the Schedule. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 4 on conviction for a first offence and to a fine at level 5 on conviction for a second or subsequent offence, and in addition, if the offence is a continuing offence, to a fine of $5000 for each day during the whole or any part of which the offence continues. (3) In this section and section 8(4), "construction site" (建造工地) means any place where construction work is or is intended to be carried out. Cap 311R s 7 Defence of due diligence, etc. It is a defence to a charge against any person for an offence under section 4, 5 or 6 for the person charged to prove that- (a) interruptions or contingencies in the supply of necessary materials, water and equipment; (b) weather conditions prevailing at the time of the offence; (c) a threat or an imminent threat to human life or building safety; (d) the physical constraints of the construction site; or (e) circumstances beyond his control other than those referred to in paragraphs (a), (b), (c) and (d), (L.N. 238 of 1997)prevented him from complying with that section and that he exercised due diligence to avoid the commission of the offence. |
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