Paragraph 113 I1

Not less than 28 days before starting the execution of any works in, on or under the REPL land that may materially affect the operation of the REPL facility, the undertaker must submit to REPL for approval a plan, section and description of the works to be executed and a timetable for when such works are to be carried out.

The approval of REPL under sub-paragraph (1) must not be unreasonably withheld or delayed and if by the end of the period of 28 days beginning with the date on which the plan, section, description and timetable have been supplied to REPL, REPL has not intimated disapproval of such plan, section, description and timetable and the grounds of disapproval, REPL is deemed to have approved the said plan, section description and timetable as submitted.

When giving its approval under sub-paragraph (1), REPL may specify such reasonable requirements which in REPL’s opinion are necessary in the execution of the works.

The works described in sub-paragraph (1) must be executed only in accordance with the plan, section, description and timetable submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be given in accordance with sub-paragraph (3) by REPL. Where REPL reasonably requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to REPL’s reasonable satisfaction prior to the works described in sub-paragraph (1).

In the event that REPL issues a disapproval to the plan, section, description and timetable within the 28 day period referred to in sub-paragraph (1), the undertaker may refer the matter to arbitration in accordance with article 49 (arbitration).

Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works (as defined in the 1991 Act) but in that case it must give to REPL notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraphs (3) and (4) in so far as is reasonably practicable in the circumstances.