4 Jun 2004
STEP IN LTD v. NOISE CONTROL APPEAL BOARD
- Citation
- STEP IN LTD v. NOISE CONTROL APPEAL BOARD
- Court
- Court of Appeal
- Case number
- CACV302/2003
The Court held the 'not audible' requirement in the Noise Abatement Notice was within the powers granted by section 13(1) of the Noise Control Ordinance and was not unreasonable, uncertain or ultra vires. The Technical Memorandum does not confine the Authority to decibel-based limits and the Authority's practice of pre-setting levels and liaising with complainants provides a practicable and fair mechanism for enforcement. The applicant's arguments about uncontrollable background noise and potential strict liability did not render the requirement unlawful. Accordingly the appeal was dismissed.