s 28 Control of noise from construction of building and other works
28.—(1) Where it appears to the Director-General that works of the following description, that is to say —(a) the erection, construction, alteration, repair or maintenance of buildings, structures or roads; (b) the breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works; (c) piling, demolition or dredging works; or (d) any other work of engineering construction, are being, or are going to be carried out on any premises, the Director‑General may, by written notice, impose requirements as to the way in which the works are to be carried out on the person who appears to be carrying out, or going to carry out the works or on any other person appearing to the Director‑General to be responsible for or to have control over the carrying out of the works. (2) The notice may, in particular, specify —(a) the plant or machinery which is, or is not, to be used; (b) the hours during which the works may be carried out; and (c) the level of noise or vibration which may be emitted from the premises mentioned in subsection (1) or at any specified part of those premises or which may be so emitted during specified hours. (3) Where a person who has been served a notice under subsection (1) —(a) fails to comply with any requirement contained in the notice; or (b) contravenes any regulations in relation to noise emitted from the premises mentioned in subsection (1), the Director-General may, by written notice, order the person to stop any work carried out in the premises mentioned in subsection (1) until the time that the notice is revoked or until the time that the requirements imposed by the Director‑General have been complied with. (4) Any person who fails to comply with a notice issued under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for every day during which the notice is not complied with or to imprisonment for a term not exceeding 3 months or to both.