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4.—(1) For the purposes of the Litter Order, land—
(a)which is under the direct control of a designated statutory undertaker,
(b)in relation to which the public have no right or permission to have access with or without payment, and
(c)which is within the description in paragraph (2) but not within the description in paragraph (3),
is specified as relevant land of the designated statutory undertaker under whose control it is.
(2) The land described in this paragraph is operational land which is within 100 metres of a railway station platform to which the public is entitled or permitted to have access with or without payment and any other land which is not so situated but is land in an urban area, being in either case land which—
(a)forms an embankment, cutting, siding, level or junction, but is not part of a depot, goods yard, or enclosed area where plant and machinery is kept, or
(b)is within the rails or on the tracksides, but is not within a tunnel, or
(c)is on a viaduct or bridge.
(3) The land described in this paragraph is land below the place to which the tide flows at mean high water springs.
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