Environmental Protection and Management (Boundary Noise Limits for Factory Premises) Regulations

Environmental Protection and Management Act

(Chapter 94A, Section 77)

Rg 1

G.N. No. S 156/1999

REVISED EDITION 2008

(31st January 2008)

[1st April 1999]

Citation

1. These Regulations may be cited as the Environmental Protection and Management (Boundary Noise Limits for Factory Premises) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“affected premises”, in relation to premises being monitored, means —

(a)	any building or part thereof, occupied by persons other than the owner or occupier of the premises being monitored, which is located within the same factory premises as the premises being monitored;
(b)	premises adjoining the factory premises at or within which the premises being monitored is located; or
(c)	premises not adjoining the factory premises at or within which the premises being monitored is located, if there is no building on any intervening premises or if the intervening premises are not commercial, factory, noise sensitive or residential premises;

“background noise level”, in relation to noise levels from premises being monitored, means the noise level measured in the absence of noise emitted from the premises being monitored at the same measurement point used for the measurement of the noise levels emitted from the premises being monitored;

“commercial premises” means any premises used for the purposes of trade, business or commerce and includes any shopping complex, financial institution and hotel but does not include any factory premises;

“factory premises” means any premises used for any industrial or manufacturing purposes and includes any repair or processing workshop, and warehouse, but does not include any construction site within the meaning of the Environmental Protection and Management (Control of Noise at Construction Sites) Regulations (Rg 2);

“noise sensitive premises” means any premises used for purposes that require peace and quiet and includes any recreational area, nature park, hospital, home for the aged sick, educational institution, place of worship, library and court of law;

“premises being monitored” means factory premises, or any building or part thereof within the factory premises, being monitored for the noise levels emitted therefrom for the purposes of these Regulations;

“residential premises” means any premises used for human habitation.

Boundary noise limits

3.—(1) Every owner or occupier of factory premises, or any building or part thereof within the factory premises, shall ensure that the noise levels emitted from his premises —

(a)	measured over the specified periods in Part I of the First Schedule at the measurement points applicable to each of the affected premises do not exceed the maximum permissible noise levels set out in that Part for the corresponding time for that type of affected premises; and
(b)	measured over every period of 5 minutes in Part II of the First Schedule at the measurement points applicable to each of the affected premises do not exceed the maximum permissible noise levels set out in that Part for the corresponding time for that type of affected premises.

(2) Where the whole or parts of an affected premises are used for different purposes, the lowest maximum permissible noise level applicable to any of the types of premises within which those purposes fall shall apply to that affected premises.

(3) If there are other sources of noise affecting the measurement of the level of noise emitted from the premises being monitored, the maximum permissible noise levels set out in the First Schedule shall be adjusted in accordance with the Second Schedule and the adjusted value shall be taken as the maximum permissible noise level.

Measurement point and equipment

4.—(1) Subject to paragraph (2), the measurement points to be used for the measurement of noise levels for the purposes of these Regulations shall be points at or about ground level along the boundary of the factory premises which faces —

(a)	any building on the affected premises; or
(b)	if there is no building on the affected premises, any part of the affected premises.

(2) For the purposes of measuring noise levels in relation to affected premises within the same factory premises as the premises being monitored, the measurement point to be used shall be any point 5 metres from a wall of the premises being monitored which faces the affected premises.

(3) Measurements of noise levels for the purposes of these Regulations shall be carried out with a sound level meter which complies with the standards specified in the International Electrotechnical Commission Publication 651 (Type 1) and Publication 804 (Type 1), or any other comparable standards approved by the Director-General.

Equipment to measure and record noise level to be set up

5. The Director-General may require the owner or occupier of any factory premises, or any building or part thereof within any factory premises —

(a)	to set up equipment to measure and record the level of noise emitted from his premises over such duration as may be directed by the Director-General; and
(b)	to submit the records of the noise level readings including all relevant facts which may influence the values of the noise level readings.

Penalty

6. Any person who fails to comply with regulation 3 or 5 shall be guilty of an offence and shall be liable —

(a)	on the first conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction; and
(b)	on a second or subsequent conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $300 for every day or part thereof during which the offence continues after conviction.

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