2
(b) between the hours of 8 p.m. and 6 a.m. or on any public holiday, causes or permits to be caused any piling.
shall be guilty of an offence and shall be liable to a fine of five thousand dollars.
(2) If a court is satisfied that a person charged under subsection (1) acted—
(a) as watchman or servant of the proprietor or occupier of any dwelling house, ware- house, or other authouse, office, premises or construction site, or of the inhabitant or per- son in charge thereof; or
(b) by or with the direction, knowledge, sane- tion, sufferance or permission of such pro- prietor or occupier or of such inhabitant or person in charge,
the court may dismiss the charge, and summon before it the proprietor or occupier, or inhabitant or person in charge, and being satisfied that he did so direct. sanction, suffer or permit the making of the noise or the operation of the pile driver, impose a fine on such proprietor or occupier, or inhabitant or person in charge, of five thousand dollars.
(3) When an offence is committed under subsec- tion (1) in or upon any dwelling house, premises or construction site, if it is impracticable or difficult to apprehend, discover or identify the person committing it, the court may, summon before it the proprietor, occupier, inhabitant or person in charge, of such dwelling house, premises or construction site, and if it appears that the offence was committed by the direction or with the knowledge, sanction, sufferance or permission of the proprietor, occupier, inhabitant or person in charge, impose on him a fine of five thousand dollars.
(4) This section shall not apply-
(a) to such districts or areas; or
(b) for such purposes or in such circumstances,
as the Governor in Council may specify by order published in the Gazette.
(5) An order under subsection (4) may-
(a) be made subject to such conditions or limita-
tions:
3.
(b) have effect for such periods or parts of
periods; or
(c) have such partial operation.
as the Governor in Council may specify in the order.
(6) A person shall not be liable under this sec- tion for any noise made or caused—
(a) during and in the course of any work carried out under and in accordance with a permit in writing issued by or on behalf of the Director of Public Works;
(b) in accordance with the torms of an order made by the Governor in Council under subsection (4).
(7) In this section-
"pile" means any sheet, column, post, tube or caisson not exceeding 10 feet in diameter driven or formed in the ground and also means any pile knowo as a "jacked pile", "screw pile", "cast-in- place pile", "composite pile", "sand pile", "sheet pile", "bored pile", "caisson pile", and any other form of pile:
"piling" means the sinking or forming of a pile in the ground by hammering, jacking, screwing, auger- ing, boring, jetting, vibrating, casting or any other means, and also means the driving or sinking of any casing or tube into the ground to form a well or caisson for foundation purposes, whether or not the casing or tube is later extracted; and "work" means any work in connexion with or for the construction, demolition, reconstruction, shoring. alteration or repair, of the whole or any part of any building, arch, bridge, chimney, dock, hoard- ing, shelter, tunnel, wall, pier, wharf or other structure or any road, street, chaunel drain, serv- ice lanc, sewer, water conduit, lighting or public utility and any work carried out on the foreshore.
(8) Subsection (1)(5) shall come into operation on the 1st June 1973,".
The principal Ordinance is amended by adding after sec- tion 13 the following new section—
Addition of
new section 13A.