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SCHEDULES

SCHEDULE 12PROTECTIVE PROVISIONS

PART 4PROTECTIVE PROVISION FOR THE HOBSON’S CONDUIT TRUST

Exercise of Powers

30.  Network Rail must not use any land or property of the Trust forming part of the watercourse for the passage or siting of vehicles, plant or machinery employed in the construction of a specified work other than—

(a)with the consent in writing of the engineer whose consent must not be unreasonably withheld; and

(b)subject to compliance with such reasonable requirements as the engineer may from time to time specify—

(i)for the prevention of detriment; or

(ii)in order to avoid or reduce any inconvenience to the Trust, its officers and agents and all other persons lawfully on such land or property,

but nothing in this paragraph applies in relation to anything done in accordance with any approval given by the Trust under paragraph 32.