1964_NOISE_CONTROL_ORDINANCE — Page 9

CAP. 400]

Noise Control

[1988 Ed.

(4) Not later than 28 days after an application made under this section is received by the Authority, he shall issue a construction noise permit or serve on the applicant written notice of his refusal to issue the permit, and if at the end of those 28 days he has done neither of those things a permit shall be deemed to have been issued.

(5) The Authority may refuse to issue a construction noise permit if the issue of a permit would be contrary to any principle or procedure set out in any Technical Memoranda issued from time to time under section 9(1).

(6) Where the Authority issues a construction noise permit, the Authority shall serve written notice of that decision on the applicant and in the case of a permit subject to conditions issued in respect of percussive piling, shall adequately state in the notice the reasons for the imposition of those conditions.

(7) Where the Authority refuses to issue a construction noise permit, the Authority shall serve written notice of that decision on the applicant and shall adequately state in the notice the reasons for such refusal.

(8) No fee paid in respect of an application for a construction noise permit shall be liable to be refunded.

(9) A construction noise permit-

(a) shall be in the prescribed form;

(b) shall be in force for such period as shall be specified therein; and

(c) may be renewed in the prescribed manner, before or after its expiry, for such further period or periods, and subject to such variation of conditions or the imposition of new conditions as shall be specified therein.

(10) The Authority may amend or vary the conditions of a construction noise permit including a construction noise permit deemed, by virtue of subsection (4), to have been issued or impose new conditions in relation to a construction noise permit if the Authority is satisfied that-

(a) a condition of the construction noise permit has been contravened;

(b) the construction noise permit was issued in consequence of misleading, false, wrong or incomplete information furnished by the applicant in connection with the application; or

(c) except where the construction noise permit is in respect of any percussive piling, the public interest so requires.

(11) The Authority may cancel a construction noise permit including a construction noise permit deemed, by virtue of subsection (4), to have been issued-

(a) if the person to whom the construction noise permit was issued requests the cancellation thereof;

(b) if the Authority is satisfied that--

(i) a condition of the construction noise permit has been contravened:

(ii) the construction noise permit was issued in consequence of misleading, false, wrong or incomplete information furnished by the applicant in connection with the application; or