The Bure Valley Railway Light Railway Order 1989

For protection of East Anglian Water Company

15.  For the protection of the East Anglian Water Company (“the water company”) the following provisions shall, unless otherwise agreed in writing between the operators and the water company, apply and have effect:–

(1) In this article, “the main” means the 24 inch diameter water main of the water company laid under the railway 110 metres or thereabouts from the point of termination of the railway in the parish of Hoveton or any main laid after the date of this Order in substitution for the main in position at that date and includes in either case all works and conveniences provided in connection therewith.

(2) Nothing in section 18 of the Railways Clauses Consolidation Act 1845 as incorporated in this Order shall authorise the operators to raise, sink or otherwise alter the position of, or in any way to interfere with, the main.

(3) (a) The operators shall not within the limits of deviation and without the consent of the water company:–

(i) place or deposit any materials or erect any structure or works other than a single line of rails; or

(ii) make any excavation to a depth of more than 300 mm below the surface of the ground,in so far as the same is or would be carried out or situated within 15 metres (measured in any direction) of any part of the main.

(b) The water company shall not unreasonably withhold their consent under this paragraph but may grant their consent subject to reasonable conditions for the protection of the main.

(4) The operators shall afford reasonable facilities to the water company for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove or use the main.

(5) The operators shall make compensation to the water company–

(a) for any damage caused to the main; and

(b) for any other expenses, loss, damages, penalty or costs incurred by the water company,

by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the operators of the powers of this Order:

Provided that nothing in this paragraph shall entitle the water company to any payment in respect of damage attributable to the neglect or default of the water company, its servants or agents.

(6) Nothing in this Order shall prejudice or affect the rights of the water company in respect of the main or the provisions of any agreement regulating the relations between the operators and the water company with regard to the main and whether made before or after this Order comes into force.

(7) Any difference arising between the operators and the water company under this article shall be referred to and settled by arbitration.