1989 Ed.]
Noise Control (Appeal Board) Regulations
[CAP. 400
B7
[Subsidiary]
*The refusal to issue a construction noise permit/Compliance with the conditions imposed in relation to the construction noise permit/The cancellation of the construction noise permit would cause the appellant economic hardship seriously prejudicial to the conduct of his business.
The cancellation of the construction noise permit is not justified by the terms of the Ordinance or the Technical Memoranda issued under section 9(1).
Dated this ...... day of *Delete as necessary. 19.
Appellant.
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Section 18(2) of the Ordinance provides that no appeal shall lie in respect of an application for the issue of a construction noise permit for the carrying out of construction work between the hours of 7 p.m. and 7 a.m. or at any time on a general holiday.
This form is to be used by a person who applies for a construction noise permit under section 8 and who is aggrieved--
(a) where the Authority refuses to issue the construction noise permit, by that refusal; or (b) where the Authority issues the construction noise permit subject to any condition, or amends or varies any such condition or imposes a new condition, by that imposition, amendment or variation; or
(c) where the Authority issues the construction noise permit and subsequently cancels the permit, by that cancellation.
This form must be completed in accordance with the directions specified in the form and lodged with the Chairman of the Appeal Board at the office of the Registrar, Supreme Court before the expiry of 21 days after the service upon you of the notice from the Authority in respect of the decision you wish to appeal against.
At the same time that this notice is lodged you are required to serve a copy of the notice on the Noise Control Authority, personally, or by registered post addressed to the last known address of the Authority and to furnish to the Authority and the Chairman a statement specifying the particulars of the appeal which you seek to establish, including such particulars of evidence to be adduced, documents to be produced, names of witnesses to be called and other circumstances as may suffice to ensure that the Appeal Board and the Authority are fully and fairly informed of the grounds on which the appeal is based. You may also be required to furnish further particulars or produce documents for the inspection of the Authority.
You are advised to read the Noise Control Ordinance (Cap. 400), the Noise Control (General) Regulations (Cap. 400 sub. leg.) and the Noise Control (Appeal Board) Regulations (Cap. 400 sub. leg.) before lodging this notice of appeal.