Paragraph 4
Subject to sub-paragraph (2)—
any specified work, and all protective works required by the Agency under paragraph 2(2)(c), shall be constructed within such period (if any) as the Agency may specify at the time when it gives its approval under paragraph 2, or may approve at any later time on application by the Company (such approval not to be unreasonably withheld);
any specified work shall be constructed in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule and in accordance with any conditions imposed under paragraph 2; and
any protective works required by the Agency under paragraph 2(2)(c) shall be constructed to the reasonable satisfaction of the Agency;
and the Agency shall be entitled by its officer to watch and inspect the construction of such works.
The Company shall give to the Agency not less than 14 days’ notice in writing of their intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.
If any part of the specified works or any protective work of a type described in paragraph 3(b)(ii) comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the Company at the Company’s own expense to comply with the requirements of this Part of this Schedule or (if the Company so elect and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down that work and, in the case of removal, to restore the site to its former condition to such extent as the Agency reasonably requires.
Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (3) is served upon the Company, they have failed to begin taking steps to comply with the requirements of the notice and thereafter complete them within such reasonable period as may be specified in such notice, the Agency may execute the works specified in the notice and may recover any expenditure reasonably incurred by it in so doing from the Company.
In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.