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E
XCR (87) 35
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noise emanating from places such as industrial, trade or business premises. Noise from any place other than construction sites, domestic premises or public places will be controlled by means of "Noise Abatement Notices" under these provisions. There is no overlap between these provisions and the provisions for control of construction noise and neighbourhood noise.
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It is intended that Noise Abatement Notices will be served on owners or occupiers of premises if the noise emitted is causing a
is causing a nuisance to any person, or if it does not comply with objective technical criteria set out in the Technical Memorandum on Noise from Places Other than Construction Sites, Domestic Premises or Public Places (draft at Annex E) issued by the Secretary under clause 11. A Noise Abatement Notice may require the owner or occupier to bring his noise emissions into a state of compliance by a certain date and non-compliance with a Noise Abatement Notice will be an offence. The terms of a Noise Abatement Notice will be subject to appeal (see paragraph 22).
Control of Noise from Products (Part III)
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Various new provisions are incorporated in the draft Bill-in clauses 13 to 16) to control noise from individual products, items of equipment or machinery. It is expected (and intended) that very few items will be subject to control under these provisions which are designed for use only when technical or administrative difficulties make other forms of control inappropriate.. Regulations to control noise from products will not be proposed until some time after the enactment of the Ordinance.
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These provisions would make it an offence to manufacture, import or sell a prescribed product if it is intended for use in Hong Kong and does not comply with noise standards set out in regulations. The object is to control the noise levels of certain items such as compressors and jackhammers at the point of manufacture or entry into Hong Kong and to avoid noisy products being "dumped" in the territory.
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Powers are also provided in the draft Bill to make regulations requiring particular items to be fitted with noise control devices of a certain standard. To assist with enforcement, the draft Bill also gives the Authority the power to require labelling so that the claimed noise level of a particular compressor, for example, could be readily
ascertained.
G.F. 324
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