(4)
Subject to subsection (6), any person who at any
place between the hours of 7 p.m. and 7 a.m. on any two
consecutive days or at any time on general holiday carries
out or causes to be carried out any piling by sinking or
driving a pile by direct or indirect hammering or other
percussive means 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 $50,000;
(b)
on second or subsequent conviction, to a fine of
$100,000 and to imprisonment for 2 years,
and in any case to a fine of $10,000 for each day during
which the offence continues.
(6) It shall not be an offence under this section for
an owner, tenant or occupier of domestic premises to use in
such premises a single item of powered mechanical equipment
(a)
that is portable and designed for operation while
held by hand without any other form of support;
and