4.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 6 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (6) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely—
(a)works to alter the position of apparatus, including mains, sewers, drains and cables;
(b)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(c)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
(d)works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (7) below, the undertaker may carry out and maintain such of the works required for, or in connection with, the control of traffic on Work No. 3 as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of Work No. 3.
(5) Subject to paragraph (6) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
(6) Paragraphs (3) and (5) above shall not authorise the carrying out or maintenance of works to alter the course of navigable rivers or watercourses.
(7) Paragraph (4) above—
(a)shall only authorise the carrying out or maintenance of works outside the limits of deviation for Work No. 3 shown on the deposited plans if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule; and
(b)shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.