Hong Kong Noise Management Legislation

• This note will cover the legislation and requirements for noise management, as part of the Environmental Officer Course (GOCZ).
• The lecture notes discuss noise management in Hong Kong.

Course Outline

• There are legal requirements for noise control in Hong Kong
• There are other requirements for managing noise
• There are procedures for license/permit applications

General Information

• Environmental Protection Department website is www.epd.gov.hk
• Environment Bureau website is www.enb.gov.hk
• Development Bureau website is www.devb.gov.hk
• Laws of Hong Kong can be found at www.elegislation.gov.hk.
• Updated laws can be found at www.blis.gov.hk
• Joe Leung can be contacted via email at [email protected]

HK Noise Control Legislation

• Key legislation for noise control includes several ordinances.
• Factories and Industrial Undertakings Ordinance [Cap. 59] addresses noise from factories and industrial operations.
• Civil Aviation (Aircraft Noise) Ordinance [Cap. 312] specifically targets aircraft noise.
• Road Traffic Ordinance [Cap. 374] covers noise from road traffic.
• Noise Control Ordinance [Cap. 400] is a comprehensive law for noise management.
• Environmental Impact Assessment Ordinance [Cap. 499] requires assessment of environmental impacts, including noise.
• Control Authority/Enforcement Authority
  • Director of Environmental Protection (NCO, EIAO)
  • Commissioner of Police (NCO, RTO)
  • Commissioner for Transport (RTO)
  • Director General of Civil Aviation (CAO)
  • Commissioner for Labour (FIUO)

Noise Control Ordinance (Cap. 400)

• Key aspects of this ordinance include managing noisy activities and noisy products.
• The ordinance also addresses noise through environmental impact assessments and environmental permits.

Noise from Activities

• Noise from domestic premises and public places is one category
• Noise from construction sites is another

Noise from Domestic Premises and Public Places (Section 4)

• Applies to nighttime (23:00 to 07:00) or any time on general holidays, including Sundays.
• It targets any person who is an owner, tenant, occupier, or person in charge of domestic premises or a public place
• It prohibits noise which is a source of annoyance to any person
• The noise must emanate from the premises
• The fine for violations is $10,000.

Noise from Domestic Premises and Public Places (Section 5)

• Applies to any person at any time.
• In domestic premises, it concerns musical instruments, record players, radios, TVs, loudspeakers, games, pastimes, animals, or birds.
• In public places, it concerns A/C or ventilating system attracting attention to goods, wares, or trade (or near public places)
• It prohibits makes noise which is a source of annoyance to any person
• The fine for violations is $10,000

Noise from Places other than Domestic Premises, Public Places or Construction Sites (Section 13)

• This section applies at any time.
• Noise is defined as any noise that is a source of annoyance to a Noise Sensitive Receiver (NSR)
• Also applies if noise at a NSR does not comply with the Technical Memorandum (TM) limit
• A Noise Abatement Notice (NAN) will consequently be issued
• Failure to comply with a NAN results in prosecution, with fines up to $100,000 for the first conviction and $200,000 for subsequent convictions

Product Noise Control (S.14 to S.17)

• Types of products prescribed include:
• Regulations that dictates use of Hand-held Percussive Breakers (for breakers ≥ 10kg)
• Regulations that dictates Air compressors (for air compressors supplying > 500 kPa pressure being used for construction purpose)
• These machines must display a "Green" Noise Emission Label (NEL)

Construction Noise

• Principles dictate construction work should be done during the daytime only

Construction Works Under Control

• General construction work (GW) carried out with powered mechanical equipment (PME) during restricted hours
• GW carried out with specified powered mechanical equipment (SPME) & prescribed construction work (PCW) in designated areas (DA) during restricted hours
• Percussive piling (PP) at any time

Terminology

• "construction work" includes construction, demolition, reconstruction, shoring, alteration, maintenance or repair
• Also includes any work in connection with the above
• "construction site" definition is where construction work is carried out (work within a construction site is not necessarily construction work)

Powered Mechanical Equipment (PME)

• "powered mechanical equipment (PME)" is any machine or device driven by electrical, chemical, or thermal energy, including energy transmitted by compressed air, steam, or hydraulic means, with a principal function of producing mechanical movement

Restricted Hours

• Restricted hours for construction noise are between 1900 and 0700 hours, and any time on a general holiday, including Sundays

Designated Area (DA)

• "Designated Area (DA)" is a densely populated area (other than industrial area)
• It dictates control of prescribed construction work and specified powered mechanical equipment

Noise Sensitive Receivers (NSRs)

• NSRs including:
  • Domestic premises
  • Hotel, hostel
  • Temporary housing accommodation
  • Hospital, medical clinic
  • Educational institution
  • Place of worship
  • Library
  • Court of law or performing art centre
• The authority can also consider other premises as NSR, if they are neither commercial nor industrial but with similar noise sensitivity

DAs

• DAs are populated areas (mostly "built-up"), but NOT include industrial areas

Control History

• First DA maps declared in 1996
• Revised in 2001
• Review every 3 years