Hong Kong Regulations

NOISE CONTROL ORDINANCE (EXEMPTION FROM SECTION 6(1) AND (2) (LANTAU FIXED CROSSING)) ORDER - SCHEDULE 3

CONDITIONS OF CONTRACT TO BE INCLUDED

[paragraph 5]

Conditions of contract adopting the principles set out below shall be
incorporated in all relevant contracts and shall thereafter be implemented-

1. Each contractor shall be given permission to work within the periods set
out in Tables 1 and 2 of Schedule 2 provided that works under its contract do
not produce noise which exceeds the levels indicated in Schedule 2.

2. The engineer shall have a duty-

   (a)  to monitor the noise in accordance with the principles described in
        the Annex to this Schedule; and

   (b)  to instruct the contractor to take remedial measures where there is
        breach.

3. If so instructed by the engineer, the contractor shall have an obligation
to take appropriate remedial action.

4. If the contractor fails to remedy the breach, the engineer shall be
empowered to specify remedial action.

5. The engineer shall be empowered to require breaches to be remedied
immediately and shall be under a duty generally to do so. However, if in the
view of the engineer it would be impossible for the contractor to remedy the
breach immediately, the engineer shall be empowered, having had regard to-

   (a)  the seriousness of the consequence of the breach; and

   (b)  the remedial action required, to permit the contractor on an
        exceptional basis the minimum period necessary for the contractor to
        comply with his instruction which shall not in any event exceed 7 days
        unless the engineer shall certify that the relevant circumstances are
        extraordinary.

6. If the contractor fails to remedy the breach within such time as shall have
been specified in the engineer's instruction, the engineer shall have a duty
to suspend the works or any part of the works.

7. Where work is essential for the safety of life, property or the works,
there shall be a general exclusion from the obligations of the contractor to
comply with the conditions of exemption set out in Schedule 2.

8. The contractor shall not be entitled to any form of compensation in the
event that this order is amended or repealed as a result of its own default.

ANNEX

NOISE MONITORING REQUIREMENTS DURING CONSTRUCTION

1. Monitoring equipment and methodology must comply with the Technical
Memorandum on Noise from Construction Work other than Percussive Piling,
issued under section 9 of the Ordinance. Monitoring will be carried out by the
staff of the engineer at the NSRs, under the following conditions-

Ma Wan- The most affected NSR as determined by the engineer from time to time
When any powered mechanical equipment for the construction of the Tsing Ma
Bridge and Kap Shui Mun Bridge/Ma Wan Viaduct is operating anywhere within
1000 m from or on Ma Wan from 0700 to 1900 hours on general holidays

(including Sundays) and from 1900 to 0700 hours on all days. North Lantau- The
most affected NSR as determined by the engineer from time to time
When any powered mechanical equipment for the construction of Kap Shui Mun
Bridge/Ma Wan Viaduct is operating anywhere within 1000 m from or on North
Lantau from 0700 to 1900 hours on general holidays (including Sundays) and
from 1900 to 0700 hours on all days. Ting Kau- The most affected NSR as
determined by the engineer from time to time
When any powered mechanical equipment for the construction of Tsing Ma Bridge
is operating from 0700 to 1900 hours on general holidays (including Sundays)
and from 1900 to 0700 hours on all days, but not if major plant from other
projects is operating within 1000 m of Ting Kau.

2. For each of the above 3 areas, at least 1 measurement must be made daily
between 1900 and 2300 hours, at least 1 between 2300 and 0700 hours, and on
general holidays and Sundays at least 1 measurement must be made between 0700
and 1900 hours. Measurement at the affected NSR will also be made following
complaint by members of the public.

3. All the noise measurements will be checked against the maximum allowable
noise levels set out in Table 1 (for Tsing Ma Bridge Contract) and Table 2
(for Kap Shui Mun Bridge/Ma Wan Viaduct Contract) of Schedule 2.

4. A monthly summary of all monitoring data shall be prepared. This shall
include an interpretation of the significance of the monitoring results,
highlighting any failures to comply with the maximum allowable noise levels
specified, and an account of remedial measures taken by the contractor as a
result. A copy of the summary report shall be made available for inspection by
the Director of Environmental Protection at his request. (Enacted 1991)