Paragraph 1 InterpretationI1

For the protection of CRT the following provisions of this Schedule shall, unless otherwise agreed in writing between the undertaker and CRT, have effect.

In this Schedule—

• “construction”, in relation to any specified work or protective work, includes—

  1. (a)

     the execution and placing of that work; and

  2. (b)

     any relaying, renewal, or maintenance of that work as may be carried out during the period of 24 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;

• “CRT” means the Canal & River Trust;

• “CRT’s network” means CRT’s network of waterways;

• “detriment” means any damage to the waterway or any other property of CRT caused by the presence of the authorised works and, without prejudice to the generality of that meaning, includes—

  1. (a)

     any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);

  2. (b)

     the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway;

  3. (c)

     the deposit of materials or the siltation of the waterway so as to damage the waterway;

  4. (d)

     the pollution of the waterway;

  5. (e)

     any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom;

  6. (f)

     any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in CRT’s network);

  7. (g)

     any interference with the exercise by any person of rights over CRT’s network;

• “the engineer” means an engineer appointed by CRT for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

• “practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” shall be construed accordingly;

• “protective work” means a work constructed under paragraph 6(3)(a);

• “specified work” means so much of Work Nos. 3, 6 and 8G as are situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;

• “towing path” means the towing path forming part of the waterway;

• “the waterway” means the Aire & Calder Navigation, and includes any works, lands or premises belonging to CRT, or under its management or control, and held or used by CRT in connection with that canal.