Article 13 For the protection of the Environment Agency

For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Company and the Agency, apply and have effect.

Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991^f1 or any byelaws made under that Act or the Land Drainage Act 1991^f2 in relation to anything done under or in pursuance of this Order.

Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the Company’s railway, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Company in good repair and condition and free from obstruction.

If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the Company shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Company as a debt due from them to the Agency.