Article 4 Power to construct and maintain works

(1)

The undertaker may construct and maintain the scheduled work.

(2)

Subject to article 5 below, the scheduled work may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the sections.

(3)

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 scheduled work, namely—

(a)

works to alter the position of apparatus, including mains, sewers, drains and cables;

(b)

landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works.

(4)

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 work.

(5)

Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works within the limits of deviation for the scheduled work shown on the Order plans.

(6)

Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.