Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/9

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 * Section 32 (As to highways, traffic, etc.);
 * Section 33 (For protection of public sewers);
 * Section 34 (For protection of certain statutory undertakers);
 * Section 36 (For protection of telecommunications operators);
 * Section 38 (Crown rights).

(2) For the purposes of this section—

(a) in the said section 33—

(i) for the reference to the water authority within the meaning of the Act of 1988, there shall be substituted reference to the Yorkshire Water Authority; and

(ii) paragraph (14) shall not apply to the construction of any railway authorised by this Act in land now forming part of, or adjoining, any existing railway of the railways board;

(b) in the said section 34—

(i) in the definition of "the undertakers" in paragraph (1), for the words "the electricity board and the water authority", there shall be substituted the words "the Yorkshire Electricity Board and the Yorkshire Water Authority"; (ii) paragraph (12) shall not apply to the construction of any railway authorised by this Act in land now forming part of, or adjoining, any existing railway of the railways board.

For the protection of British Railways Board

14. For the protection of the railways board the following provisions shall, unless otherwise agreed in writing between the Executive and the railways board, apply and have effect:—

(1) In this section—


 * "construction" includes placing, alteration and renewal;
 * "the engineer" means an engineer to be appointed by the railways board;
 * "plans" includes sections, drawings, specifications and particulars (including descriptions of methods of construction):
 * "railway property" means any railway of the railways board and any works connected therewith for the maintenance or operation of which the railways board are responsible and includes any land held or used by the railways board for the purposes of such railway or works, not being railway property acquired by the Executive;
 * "specified works" means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, any railway property:

(2) (a) The Executive shall not under the powers of this Act acquire any land or other property of the railways board, or any right in such land or other property, without the consent of the railways board, which consent shall not be unreasonably withheld;

(b) Where any specified works are situated in land in respect of which easements or rights only in railway property are acquired, the Executive shall fence off those works from that railway property to the reasonable satisfaction of the engineer where so required by him and shall thereafter be responsible for keeping in good repair the fencing so provided: