1988 Ed.]
Noise Control
[CAP. 400
15
(a) on first conviction to a fine of $50,000; and
(b) on second or subsequent conviction to a fine of $100,000.
Use of products not in compliance with noise standards
17. (1) Any person who uses, or causes to be used, any product prescribed for the purposes of this Part which does not comply with any requirement relating to noise emission prescribed for the purposes of this subsection commits an offence.
(2) Any person who being the owner of any product prescribed for the purposes of this Part which does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1) knowingly permits or suffers such product to be used commits an offence.
(3) For the purposes of any proceedings under subsection (1) or (2), any product which when tested under conditions prescribed for the purposes of this subsection does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1), shall, until the contrary is proved, be presumed to be a product which did not comply therewith at any time during the period of 30 days immediately prior to the date of the test.
(4) For the purposes of any proceedings under subsection (1) or (2), any person who has in his possession any product which when tested under conditions prescribed for the purposes of subsection (3) does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1) shall, until the contrary is proved, be presumed to have used that product at any time during the period of 30 days immediately prior to the date of the test.
(5) Any person who commits an offence under subsection (1) or (2) 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.
PART IV
APPEALS
Appeals against refusal of Authority to issue construction noise permit, etc. under section 8
18. (1) Subject to subsections (2) and (3), if any person who applies for a construction noise permit under section 8 is aggrieved-
(a) where the Authority refuses to issue the construction noise permit, by that refusal;
(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,
he may appeal to the Appeal Board.