Cap 400F Sched 3 CONDITIONS OF CONTRACT TO BE INCLUDED (NOISE CONTROL ORDINANCE (EXEMPTION FROM SECTION 6(1) AND (2) (LANTAU FIXED CROSSING)) ORDER; NOISE CONTROL ORDINANCE)

Contents of Section

Chapter:	400F	Title:	NOISE CONTROL ORDINANCE (EXEMPTION FROM SECTION 6(1) AND (2) (LANTAU FIXED CROSSING)) ORDER	Gazette Number:
Schedule:	3	Heading:	CONDITIONS OF CONTRACT TO BE INCLUDED	Version Date:	30/06/1997

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 The contractor shall not be entitled to any form of compensation in the event that this order is amended or repealed as a result of its own default.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