Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/14

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(2) The Executive shall, before commencing the construction of the specified works, supply to the waterways board proper and sufficient plans thereof for the approval of the engineer, and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration:

Provided that approval of plans supplied under this paragraph shall not be unreasonably withheld and, if within 28 days after such plans have been supplied to the waterways board the engineer shall not have intimated his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as supplied:

(3) Upon signifying his approval or disapproval 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 the construction of the specified works to ensure the safety or stability of the canal, and such protective works as may be reasonably necessary for those purposes shall be constructed by the Executive with all reasonable dispatch:

(4) The Executive shall pay to the waterways board a capitalised sum representing the increased or additional cost of maintaining and, when necessary, renewing any permanent protective works provided under paragraph (3) above, but if the cost of maintaining the canal, or of works of renewal on the canal, is reduced in consequence of any such protective works, a capitalised sum representing such saving shall be set off against any sum payable by the Executive to the waterways board under this section:

(5) The Executive shall give to the engineer 28 days' notice of their intention to commence the construction or repair of any of the specified works, or, in the case of repair carried out in an emergency, they shall give such notice as may be reasonably practicable:

(6) When construction of any specified works is commenced the works shall be carried out—

(a) in accordance with the plans approved or deemed to be approved or settled as provided in paragraph (2) above;

(b) under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c) so as not to interfere with or obstruct the use of the towing paths of the canal so far as is reasonably practicable; and

(d)so as not to interfere with or obstruct the passage of vessels on the canal—

(i) at any time in the period in each year beginning on 17th March and ending on 3rd November except in case of emergency; and

(ii) at any other time, so far as is reasonably practicable:

(7) The Executive shall not in the course of constructing or repairing the specified works do or permit anything which may result in the pollution of the canal or the deposit of materials therein and shall take such steps as the engineer may reasonably require to avoid such pollution:

(8) The Executive shall pay to the waterways board all costs, charges and expenses reasonably incurred by them in respect of the approval by the engineer of plans supplied by the Executive under paragraph (2) above and the supervision by him of the construction of the specified works: