Office of Public Sector Information
before breaking up or otherwise interfering with any street in connection with the construction of the lrt system the undertakers shall give not less than 14 days' notice to the chief officer of police and to the fire authority of their intention to do so, except in the case of emergency when such notice as is practicable shall be given.
for the protection of highway authorities the following provisions shall, unless otherwise agreed in writing between the undertakers and the highway authority concerned, have effect:—
(1) in this section “highway” means a street vested in, or repairable or maintained by, the highway authority:
(2) wherever in this section provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and may be given subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld:
(3) before commencing to construct any part of the authorised works which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the undertakers shall consult the highway authority as to—
(a) the time when such part shall be commenced;
(b) the extent of the surface of the highway which it may be reasonably necessary for the undertakers to occupy, or the nature of the interference which may be caused to that traffic in the construction of such part; or
(c) the time during which, and the extent to which, such highway shall be stopped up; and
(d) the conditions under which such part shall be constructed or the highway shall be stopped up;
so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public; and
(i) such part shall not be constructed and the surface of the highway shall not be occupied by the undertakers; or
(ii) such highway shall not be stopped up and the interference with traffic shall not be caused by the undertakers;
except at such time, to such extent, and in accordance with such conditions, as may be agreed between the undertakers and the highway authority or determined by arbitration:
(4) At least 14 days before commencing to make any trial holes in any part of any highway in exercise of the powers of section 11 (3) of the Act of 1965 as applied by this Act, the undertakers shall serve notice in writing on the highway authority of their intention to do so describing the place or places at which the trial holes are intended to be made, and, if within 14 days after the receipt of such notice any objection is made by the highway authority, the matter shall (unless otherwise agreed) be determined by arbitration before the making of any trial hole is commenced, but if no such objection is made the undertakers may proceed with the making of any trial hole of which notice has been so given:
(5) So much of the authorised works as is intended to become public highway, or part of any such highway, shall be completed in accordance with the reasonable requirements of the local highway authority or, in case of difference between the undertakers and the highway authority as to whether those requirements have been complied with or as to their reasonableness, in accordance with the determination of the Secretary of State upon any such difference:
(6) It shall be lawful for the proper officer of the highway authority at all reasonable times, on giving to the undertakers such notice as may in the circumstances be reasonable, to enter upon and inspect any part of the authorised works in any highway, or which may affect any highway or any property or work of the highway authority, during the execution thereof, and the undertakers shall give to such officer all reasonable facilities for such inspection:
(7) The undertakers shall not, except with the consent of the highway authority, alter, disturb or in any way interfere with any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith, or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway or repairable by them or the access thereto:
(8) If the highway authority, after giving to the undertakers not less than 28 days' notice (or in the case of emergency such other notice as is reasonably practicable) of their intention to do so, incur any extra expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway, by reason of the diversion thereto of traffic from a road of a higher classification in consequence of the construction of the authorised works, the undertakers shall repay the amount of the expense reasonably so incurred by the highway authority:
(9) The undertakers shall not, except with the consent of the highway authority, deposit any soil or materials or stand any vehicle or plant on or over any highway so as to obstruct or render less safe the use of the highway by any person or, except with the like consent, deposit any soil or materials on any highway except within a hoarding:
(10) The undertakers shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the undertakers may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary bridges and temporary ramps for vehicular traffic or pedestrian traffic, or both, in such position as may be necessary to prevent undue interference with the flow of traffic in any highway:
(11) Where any part of any highway shall have been temporarily broken up or disturbed by the undertakers, the undertakers shall make good the subsoil foundations and surface of such part of the highway to the reasonable satisfaction of the highway authority and maintain the same to the reasonable satisfaction of the highway authority for such time as may be reasonably required for the permanent reinstatement of the highway:
Provided that the reinstatement of such part of the highway shall in the first instance be of a temporary nature only and the permanent reinstatement shall be carried out by the highway authority as soon as reasonably practicable after the completion of the temporary reinstatement, and the costs, charges and expenses reasonably incurred by the highway authority in so doing shall be repaid by the undertakers:
(12) It shall not be lawful for the undertakers to place any hoardings on any part of any highway except for such period and in such manner as may be reasonably necessary, and the provisions ofsections 172 and 173 of the [1980 c. 66.] Highways Act 1980 shall apply to any hoarding erected on any part of any highway, and, for the purposes of the said section 172, any such hoarding shall be deemed to have been erected in compliance with subsection (1) of that section:
(13) The undertakers shall make compensation to the highway authority for any subsidence of, or damage to, any highway or any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of the undertakers, their contractors, servants or agents, whether such damage or subsidence shall happen during the construction of the authorised works or at any time thereafter:
(14) The highway authority may require that the authorised works, so far as they involve any serious interference with the movement of traffic in any highway, shall be carried on, so far as reasonably practicable, continuously by day and night, and the undertakers shall take all such steps as may be reasonably necessary to reduce so far as possible the period of such interference:
(15) Except as provided in paragraph (5) above, any difference arising between the undertakers and the highway authority under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
The following provisions shall, unless otherwise agreed in writing between the undertakers and the council, have effect:—
(1) In this section—
“construction” includes placing, alteration and renewal;
“the council” means whichever of the City Council, the Broxtowe Borough Council or the Ashfield District Council are the local authority for the area where the specified works are constructed or authorised to be constructed;
“plans” includes sections, drawings, specifications, particulars and descriptions (including descriptions of methods of construction);
“the specified works” means any of the authorised works constructed or to be constructed in the area of the council:
(2) The undertakers shall, before commencing the construction of the specified works, supply to the council proper and sufficient plans thereof for their approval:
Provided that if within 56 days after such plans have been supplied to the council they have not notified their disapproval thereof and the grounds of their disapproval, they shall be deemed to have approved the plans as supplied:
(3) The council may approve the plans subject to such reasonable conditions as may be necessary to prevent unacceptable detriment to the environment or to the amenity of the area of the council:
(4) The undertakers shall not commence the specified works until plans thereof have been approved in writing by the council, or settled by arbitration in accordance with subsection (7) below:
(5) The construction of the specified works shall, when commenced, be carried out in accordance with the plans as approved by the council or deemed to have been so approved or settled by arbitration in accordance with subsection (7) below, and in constructing the specified works the undertakers shall comply with such conditions (if any) as may be so approved or settled:
(6) The council may not withhold their approval under this section except in respect of any detail of the plans which—
(a) in their reasonable opinion will cause unacceptable detriment to the environment or to the amenity of the area of the council; and
(b) is susceptible of a reasonable alternative which will not in their reasonable opinion cause such detriment:
(7) Any difference arising between the undertakers and the council under this section shall be referred to and settled by arbitration but the undertakers and the council shall use their best endeavours to ensure that proceedings before an arbitrator commence in every case within 7 days of the undertakers or the council registering such a difference.
For the protection of the railways board the following provisions shall, unless otherwise agreed in writing between the undertakers and the railways board, have effect:—
(1) In this section—
“construction” includes placing, alteration and renewal;
“the engineer” means an engineer to be appointed by the railways board;
“plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction);
“railway property” means any railway of the railways board and any works connected therewith for the maintenance or operation of which the railways board are responsible and includes any land held or used by the railways board for the purposes of such railway or works, not being railway property acquired by the undertakers;
“specified works” means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, any railway property:
The undertakers shall not under the powers of this Act acquire any land or other property of the railways board, or any right in such land or other property, without the consent of the railways board, which consent shall not be unreasonably withheld;
(b) Where any specified works are situated in land in respect of which easements or rights only in railway property are acquired, the undertakers shall fence off those works from that railway propertyto the reasonable satisfaction of the engineer where so required by him and shall thereafter be responsible for keeping in good repair the fencing so provided:
(3) In the exercise of the powers of section 18 (Temporary stoppage of highways) of this Act the undertakers shall at all times provide reasonable access, with or without vehicles, plant, machinery and materials, to any station or depot of the railways board or other railway property:
(4) The undertakers shall, before commencing the construction of the specified works, supply to the railways board proper and sufficient plans thereof for the approval of the engineer and shall not commence the construction of those works until such plans have been approved in writing by the engineer or settled by arbitration:
Provided that approval of plans supplied under this paragraph shall not be unreasonably withheld and, if within 56 days after the plans have been supplied to the railways board the engineer shall not have intimated his disapproval of the plans and the grounds of his disapproval, he shall be deemed to have approved them:
(5) If, within 56 days after such plans have been supplied to the railways board, the railways board give notice to the undertakers that the railways board desire themselves to construct any part of the specified works which, in the opinion of the engineer, will or may affect the stability of any operational railway or the safe operation of traffic on the railways of the railways board then, if the undertakers desire such part of the specified works to be constructed, the railways board shall construct the same with all reasonable dispatch on behalf of, and to the reasonable satisfaction of, the undertakers in accordance with the plans approved or deemed to be approved or settled as aforesaid:
(6) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before commencement of the construction of the specified works to ensure the safety or stability of the railways of the railways board, and such protective works as may be reasonably necessary for those purposes shall be constructed by the railways board or by the undertakers, if the railways board so desire, with all reasonable dispatch, and the undertakers shall not commence the construction of the specified works until the engineer shall have notified them that the protective works have been completed to his reasonable satisfaction:
The undertakers shall give to the railways board notice in writing of their intention to commence the construction of any of the specified works in accordance with sub-paragraph (b) below and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with railway property;
(b) The period of notice required under sub-paragraph (a) above shall be—
(i) 6 months in any case where the engineer, upon signifying his approval or disapproval of plans supplied to the railwaysboard under paragraph (4) above, has reasonably given his opinion that the construction or maintenance of the specified works will require the undertakers to have temporary occupation of the permanent way of any operational railway (including land lying within a distance of 2 metres from any outer rail of the railway) or will necessitate the imposition of speed restrictions, or the substitution, diversion or suspension of train services; and
(ii) 28 days in all other cases:
When construction of any specified works is commenced the work shall be carried out—
(i) with all reasonable dispatch in accordance with plans approved or deemed to have been approved or settled as aforesaid;
(ii) under the supervision (if given) and to the reasonable satisfaction of the engineer;
(iii) in such manner as to cause as little damage to railway property as may be; and
(iv) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any railway of the railways board or the traffic thereon and the use by passengers of railway property;
(b) If any damage to railway property or any such interference or obstruction shall be caused or take place, the undertakers shall, notwithstanding any such approval as aforesaid, make good such damage and pay to the railways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any damage, interference or obstruction:
(9) Nothing in paragraph (8) (b) above shall impose any liability on the undertakers for any damage, cost, expense or loss which is attributable to the neglect or default of the railways board or their servants or agents:
(10) The undertakers shall—
(a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction; and
(b) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction of those works:
(11) The railways board shall—
(a) at all times afford reasonable facilities to the undertakers and their agents for access to any works carried out by the railways board under this section during their construction; and
(b) supply the undertakers with such information as they may reasonably require with regard to such works or the method of construction of those works:
(12) If any alterations or additions (either permanent or temporary) to any operational railway of the railways board shall be reasonably necessary during the construction of the specified works, or during a period of 12 months after their completion, in consequence of the construction of the specified works, such alterations and additions may be made by the railways board and, if the railways board give to the undertakers reasonable notice of their intention to make such alterations or additions, the undertakers shall pay to the railways board the cost thereof as certified by the engineer, subject to the addition, in the case of permanent alterations and additions, of a capitalised sum representing the increased or additional cost of maintaining, working and, when necessary, renewing any such alterations or additions:
Provided that if the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertakers to the railways board under this section:
(13) If the cost to the railways board of altering any existing railway within its boundaries or of maintaining or reconstructing any existing railway under any powers existing at the passing of this Act is increased by reason of the existence of the specified works any such additional expense which the railways board, after giving 56 days' notice to the undertakers, reasonably so incur shall be repayable by the undertakers to the railways board:
(14) The undertakers shall repay to the railways board all costs, charges and expenses reasonably incurred by the railways board—
(a) in constructing any part of the specified works on behalf of the undertakers as provided by paragraph (5) above, or in constructing any protective works under the provisions of paragraph (6) above, including, in respect of any permanent protective works, a capitalised sum representing the reasonable cost of maintaining and renewing those works;
(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, watching, lighting and signalling railways and for preventing interference, obstruction, danger or accident arising from the construction, maintenance, repair or failure of the specified works;
(c) in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, be necessary by reason of the construction, maintenance, repair or failure of the specified works or from the substitution, suspension or diversion of services which may be necessary for that reason;
(d) in respect of any additional temporary lighting of railways in the vicinity of the specified works, being lighting made reasonably necessary by reason of the specified works or the failure thereof;
(e) in respect of the approval by the engineer of plans supplied by the undertakers under paragraph (4) above and the supervision by him of the construction of the specified works:
(15) If at any time after the completion of the specified works, not being works vested in the railways board, the railways board give notice to the undertakers that the state of repair of the specified works appears to affect prejudicially any operational railway of the railways board, the undertakers shall, on receipt of such notice, take such steps as may be reasonably necessary to remedy any such defect:
(16) All temporary structures, erections, works, apparatus and appliances erected or placed by the undertakers under the powers of this Act upon, over or under any operational railway of the railways board shall, as soon as reasonably practicable, be removed by the undertakers at times to be agreed with, and to the reasonable satisfaction of, the engineer and in such a way as to cause as little damage to the railway and as little interference with, or delay or interruption to, the traffic on the railways of the railways board as may be; and if any damage to railway property or such interference, delay or interruption shall be caused by any such failure to remove any such temporary structures, erections, works, apparatus or appliances, the undertakers shall make good such damage and pay to the railways board the reasonable costs and expenses to which they may be put, and reasonable compensation for any loss which they may sustain, by reason of such damage, interference, delay or interruption:
(17) Before providing any illumination or illuminated traffic sign on or in connection with the specified works, or otherwise in the vicinity of any railway of the railways board, the undertakers shall consult with the railways board and comply with their reasonable requirements with a view to ensuring that such illumination or illuminated sign could not be confused with any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway:
The undertakers shall be responsible for and make good to the railways board all costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to, or reasonably incurred by, the railways board—
(i) by reason of the construction or repair of the specified works or the failure thereof; or
(ii) by reason of any act or omission of the undertakers or of any person in their employ or of their contractors or others whilst engaged upon the construction or repair of the specified works;
and the undertakers shall indemnify the railways board from and against all claims and demands arising out of, or in connection with, the construction or repair of the specified works or any such failure, act or omission as aforesaid;
(b) The fact that any act or thing may have been done by the railways board on behalf of the undertakers or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without neglect or default on the part of the railways board or of any person in their employ or of their contractors or agents) excuse the undertakers from any liability under this paragraph;
(c) The railways board shall give to the undertakers reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertakers:
(19) Any difference arising between the undertakers and the railways board under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
For the protection of the British Waterways Board (in this section referred to as “the waterways board”) the following provisions shall, unless otherwise agreed in writing between the undertakers and the waterways board, have effect:—
(1) In this section—
“the canal” means any canal or inland waterway owned or managed by the waterways board, and any works connected therewith for the maintenance of which the waterways board are responsible, and includes any lands held or used by the waterways board for the purposes of any canal;
“construction” includes placing, alteration and renewal;
“the engineer” means an engineer to be appointed by the waterways board;
“plans” includes sections, drawings and particulars;
“the specified works” means so much of any of the authorised works as is situated over or upon or abuts on or in any way affects the canal:
(2) Notwithstanding anything in this Act or shown on the deposited plans, the undertakers shall not acquire compulsorily or occupy any land or other property of the waterways board but they may subject to the consent of the waterways board (which consent shall not unreasonably be withheld) in accordance with the provisions of section 28 (Power to acquire new rights) of this Act acquire such easements and rights as they may reasonably require for the purposes of the works in any such land or property delineated on the deposited plans:
(3) The undertakers shall not use any land or property of the waterways board (including the towing paths comprised in the canal) for the passage of vehicles, plant or machinery employed in the construction of the specified works other than—
(a) with the consent in writing of the engineer, whose consent shall not be unreasonably withheld;
(b) subject to compliance with such reasonable requirements as the engineer may from time to time specify—
(i) for the prevention of damage to such land and property and of danger to persons thereon; and
(ii) in order to avoid or reduce any inconvenience to the waterways board, their officers and agents and all other persons lawfully on such land or property.
(4) The undertakers shall, before commencing the construction of the specified works, supply to the waterways board proper and sufficient plans thereof for the approval of the engineer, and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration:
Provided that approval of plans supplied under this paragraph shall not be unreasonably withheld and, if within 28 days after such plans have been supplied to the waterways board the engineer shall not have intimated his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plan as supplied:
(5) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works, whether temporary or permanent, which in his opinion should be carried out before the commencement of the specified works to ensure the safety or stability of the canal, and such protective works as may be reasonably necessary for those purposes shall be constructed by the undertakers with all reasonable dispatch:
(6) The undertakers shall pay to the waterways board a capitalised sum representing the increased or additional cost of maintaining and, when necessary, renewing any permanent protective works provided under paragraph (5) above, but if the cost of maintaining the canal, or of works of renewal on the canal, is reduced in consequence of any such protective works, a capitalised sum representing such saving shall be set off against any sum payable by the undertakers to the waterways board under this section:
(7) The undertakers shall give to the engineer 28 days' notice of their intention to commence the construction or repair of any of the specified works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable:
(8) The undertakers shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to the specified works or the method of construction thereof:
(9) When construction of any specified works is commenced the works shall be carried out—
(a) in accordance with the plans approved or deemed to be approved or settled as provided in paragraph (4) above;
(b) under the supervision (if given) and to the reasonable satisfaction of the engineer;
(c) so as not to interfere with or obstruct the use of the towing paths of the canal so far as is reasonably practicable; and
(d) so as not to interfere or obstruct the passage of vessels on the canal—
(i) at any time in the period in each year beginning on 17th March and ending on 3rd November except in case of emergency; and
(ii) at any other time so far as is reasonably practicable:
(10) Following the completion of the construction of the specified works the undertakers shall restore the canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works:
(11) The undertakers shall not in the course of constructing or repairing the specified works do or permit anything which may result in the pollution of the canal or the deposit of materials therein and shall take such steps as the engineer may reasonably require to avoid such pollution:
(12) Nothing in section 23 (Use of sewers, etc., for removing water) of this Act shall authorise the undertakers—
(a) to discharge any water directly or indirectly into the canal except with the consent in writing of the waterways board; or
(b) to carry out any works to, or make any opening in, or otherwise interfere with the canal (including the banks and bed thereof) save in accordance with plans approved by, and under the supervision (if given), of the engineer:
(13) The consent of the waterways board under paragraph (12) (a) above and the approval of plans under paragraph (12 (b) above shall not be unreasonably withheld but may be given subject to reasonable conditions which (without prejudice to the generality of the foregoing) may include conditions—
(a) requiring the undertakers to make payments to the waterways board for the discharge of water in accordance with the said section 23 including payments in respect of the employment of persons in connection with such discharges and the cost to the waterways board of pumping water so discharged;
(b) providing for the charges so payable by the undertakers (other than any charge in respect of the employment of persons, or the provision or alteration of works or facilities for the accommodation and disposal of water) to be determined by reference to the volume of such discharges as recorded by metering devices of a design approved by the waterways board and supplied and maintained by them at the expense of the undertakers;
(c) specifying the maximum volume of water which may be discharged in any period;
(d) authorising the waterways board to require the undertakers to suspend the discharge of water or reduce the flow thereof where this is necessary by reason of any operational requirement of the waterways board.
(14) The undertakers shall pay to the waterways board all costs, charges and expenses reasonably incurred by them in respect of the approval by the engineer of plans supplied by the undertakers under paragraph (4) above and the supervision by him of the construction of the specified works:
(15) If any damage to the canal or other land or property of the waterways board, any stoppage of the canal or any interference with the passage of vessels using the canal shall be caused by the carrying out of works for the construction of the specified works, the undertakers shall make good such damage and pay to the waterways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, stoppage or interference:
Provided that nothing in this paragraph shall impose any liability on the undertakers with respect to any damage, expenses or loss which is attributable to the act, neglect or default of the waterways board or their servants, contractors or agents:
(16) Nothing in this Act shall authorise the undertakers to make or maintain any permanent works in or over the canal so as to reduce the width thereof if such reduction in width would impede or prevent the passage of any vessel of a kind (as to its dimensions) for which the waterways board are required by section 105 (1) (b) and (2) of the [1968 c. 73.] Transport Act 1968 to maintain the canal:
The undertakers shall be responsible for and make good to the waterways board all costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to, or reasonably incurred by, the waterways board—
(i) by reason of the construction or repair of the specified works or the failure thereof; or
(ii) by reason of any act or omission of the undertakers or of any person in their employ or of their contractors or others whilst engaged upon the construction or repair of the specified works;
and the undertakers shall indemnify the waterways board from and against all claims and demands arising out of, or in connection with, the construction or repair of the specified works or any such failure, act or omission as aforesaid;
(b) The fact that any act or thing has been done by the waterways board on behalf of the undertakers or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without neglect or default on the part of the waterways board or of any person in their employ or of their contractors or agents) excuse the undertakers from any liability under this paragraph;
(c) The waterways board shall give to the undertakers reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertakers:
The undertakers shall not exercise the powers of the sections of this Act mentioned in sub-paragraph (b) below in relation to the towing path forming part of the canal without the consent in writing of the waterways board;
(b) The sections to which sub-paragraph (a) above applies are—
section 10 (Subsidiary works),
section 18 (Temporary stoppage of highways);
(c) The consent of the waterways board under paragraph (a) above shall not be unreasonably withheld but may be given subject to reasonable conditions;
(d) Where the waterways board own the towing path in respect of which consent is given under sub-paragraph (a) above for the exercise of the powers of the said section 10, they may require the payment of such charges as would have been fair and reasonable if that consent had been given willingly;
(e) Nothing in this paragraph applies to anything done by the undertakers on the existing viaduct referred to in the description of Work No. 1:
(19) Any difference arising between the undertakers and the waterways board under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
For the protection of the rivers authority the following provisions shall, unless otherwise agreed in writing between the undertakers and the rivers authority, have effect:—
(1) In this section—
“construction” includes execution, placing and altering and, in relation to temporary works, includes removal; and “construct” and “constructed” have corresponding meanings;
“drainage work” means any watercourse and includes any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment or other structure or appliance constructed or used for defence against water;
“the fishery” means fish in the river Leen and the spawn, habitat or food of such fish;
“plans” includes sections, drawings, specifications and method statements and other such particulars;
“specified work” means so much of any work or operation authorised by this Act (other than works required in an emergency) as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—
(a) affect any drainage work or the volumetric flow of water in or flowing to or from any drainage work;
(b) affect the purity or quality of water in any watercourse;
(c) cause obstruction to the free passage of fish in any watercourse; or
(d) affect the conservation, distribution or use of water resources; and
“watercourse” has the meaning given in section 221 of the [1991 c. 57.] Water Resources Act 1991;
(2) In the event that the undertakers commence to construct Work No. 7C or any other specified work the rivers authority may so far as is reasonably necessary for the protection of any drainage work or fishery or water resources or for the prevention of flooding and pollution require the undertakers to construct and complete the whole of that work and any other work required in the approval of that work under paragraph (3) below:
Before beginning to construct any specified work, the undertakers shall submit to the rivers authority plans of the work and such further particulars available to them as the rivers authority may reasonably require;
(b) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the rivers authority, or settled in accordance with paragraph (12) below;
(c) Any approval of the rivers authority required under this paragraph—
(i) shall not be unreasonably withheld;
(ii) shall be deemed to have been given if it is neither given nor refused in writing and with a statement of the grounds for refusal within two months of the submission of plans for approval;
(iii) may be given subject to such reasonable requirements as the rivers authority may impose for the protection of any drainage work or the fishery or water resources, for the prevention of flooding and water pollution and in the discharge of its environmental and recreational duties:
(4) Without prejudice to the generality of paragraph (3) above, the requirements which the rivers authority may impose under that paragraph include—
(a) requirements as to the levels and alignments within the limits of deviation for Work No. 7C;
(b) requirements as to sluices, gauges and other monitoring devices to be constructed as part of or in connection with Work No. 7C;
(c) conditions as to the time at which and the manner in which any work is to be carried out;
(d) conditions requiring the undertakers at their own expense—
(i) to provide or maintain means of access for the rivers authority;
(ii) to undertake landscaping;
(iii) to construct such protective works whether temporary or permanent during the construction of the specified works (including the provision of flood banks, walls or embankments and other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work:
Greater Nottingham Light Rapid Transit Act 1994