Hong Kong Regulations

NOISE CONTROL ORDINANCE (EXEMPTION FROM SECTION 6(1) AND (2) (CHEK LAP KOK AIRPORT)) ORDER - SCHEDULE 3

CONDITIONS OF CONTRACT TO BE INCLUDED

[section 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 the Table in Schedule 2 provided that works under its contract do not
produce noise which exceeds the limits set out in Schedule 2.

2. The project manager shall have a duty-

   (a)  to monitor the noise in accordance with 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 project manager, the contractor shall have an
obligation to take appropriate remedial action.

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

5. The project manager 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 project manager it would be impossible for the contractor to
remedy the breach immediately, the project manager 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.

6. If the contractor fails to remedy the breach within such time as shall have
been specified in the project manager's instruction, the project manager 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 limits 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event that this order is amended or repealed as a result of its own default.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.

2. Monitoring will be carried out by the staff of the project manager at the
NSRs indicated on the diagram annexed hereto under the following conditions-
Sha Lo Wan-

When plant is operating within 1600 m anywhere west of Lam Chau (area A) from
0700 to 1900 hours on general holidays (including Sundays) and from 1900 to
0700 hours on all days.
Sha Lo Wan-
(Shore) When plant is operating within area A from 0700 to 1900 hours on
general holidays (including Sundays) and from 1900 to 0700 hours on all days.
San Tau- When plant is operating within 1000 m (area B) 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 in closer
proximity to San Tau.
Tung Chung- When plant is operating within 1200 m (area C) 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 in closer
proximity to Tung Chung.
Tung Chung-
New Town
When plant is operating within 1200 m (area D) 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 in closer proximity to
Tung Chung New Town.

3. For each of the above areas, at least one measurement must be made daily
between 1900 and 2300 hours, at least one between 2300 and 0700 hours, and on
general holidays and Sundays at least one 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.

4. All the noise measurements will be checked against the maximum allowable
noise levels set in the Table in Schedule 2.

5. A monthly summary of all monitoring data should be prepared. This shall
include an interpretation of the significance of the monitoring results,
highlighting any failures to comply with the required limits, 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.