The new provisions of the Noise Control Ordinance holding the management of bodies corporate personally liable for repeated noise offences has come into effect.

The provisions, launched today, state explicitly that where a noise offence has been committed by a body corporate, the management of it will be guilty of the offence when the body corporate commits a further offence at the same place.

The 'management' of the body corporate means 'a director or his delegated officers concerned in the management of the body corporate'.

The Environmental Protection Department said it is the legislative intent to hold them personally liable for repeated offences committed by the body corporate.

The new provisions are to promote changes in corporate management philosophy with regard to environmental law compliance and to prevent violation.

Warning notices valid two years

A body corporate does not include any corporation registered under the Building Management Ordinance such as Incorporated Owners. Directors who hold non-executive posts and are not concerned with the corporate management will not be held liable.

The directors concerned will receive warning notices before they are held liable for any further noise offence committed. Each notice will be valid for two years.

Under the new provisions, the authority may issue codes of practice to provide general guidance to the industry on good management practices to prevent violation of the Noise Control Ordinance.

Two codes of practice on good management practices, one for construction industry and the other for industrial and commercial operations, have been gazetted today.

The codes of practice and an information note briefly explaining the new provisions are available on the department's website. Further enquiries on the new provisions can be made by calling 2594 6565.