Article 5 Power to make Company’s railway

The Company may on the line of the Board’s railway or such part thereof as is transferred pursuant to this Order construct, make and maintain a railway with all necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.

The said railway will be laid on the same levels as, and within the existing formation of, the Board’s railway.

Except as may be otherwise provided herein the said railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway or such part thereof as is transferred pursuant to this Order (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway or such part thereof as is so transferred (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.

Paragraph (3) of this article shall have effect as from the transfer date.