1988 Ed.]

Noise Control

[CAP. 400

7

(b) otherwise than in accordance with the conditions of a construction noise permit in force in respect thereof,

commits an offence.

(4) Subject to subsection (6), any person who at any place between the hours of 7 p.m. and 7 a.m., or at any time on a general holiday, carries out, or causes or permits to be carried out, any percussive piling 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 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

(b) that is the only item of powered mechanical equipment in use in such premises at any one time.

Noise from construction work contrary to regulations

7. (1) Any person who at any place on any occasion carries out, or causes or permits to be carried out, any construction work contrary to any noise control regulations made under section 27(1) for the purposes of this section commits an offence.

(2) 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 in any case to a fine of $10,000 for each day during which the offence continues.

Construction noise permits

8. (1) The Authority may issue construction noise permits and may impose in relation to any construction noise permit any condition he thinks fit.

(2) An application for a construction noise permit shall be made to the Authority in the prescribed form and manner and be accompanied by the prescribed fee.

(3) In considering an application under this section, the Authority shall be guided by any Technical Memoranda issued from time to time under section 9(1).

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