9.—(1) When signifying his approval 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 construction of the specified works to ensure the safety or stability of railway property, the continuation of safe and efficient operation of the railways of Network Rail or the services of train operators using the same (including any relocation of works, apparatus and equipment necessitated by the specified works) and the comfort and safety of passengers who may be affected by the specified works.
(2) Such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail, with all reasonable dispatch or, if Network Rail so desires such protective works shall be carried out by the Harbour Authority at its own expense. The Harbour Authority shall not commence the construction of the specified works until the engineer has notified the Harbour Authority that the protective works have been completed to his reasonable satisfaction.