Article 5 Power to construct works

(1)

The undertaker may construct and maintain the scheduled works.

(2)

Subject to article 6 below, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(3)

Subject to paragraph (6) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely—

(a)

stations, platforms and stopping places;

(b)

works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised transit system;

(c)

works for the strengthening, alteration or demolition of any building or structure;

(d)

works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables;

(e)

works to alter the course of, or otherwise interfere with, rivers, streams or watercourses;

(f)

landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and

(g)

replacement facilities and works for the benefit or protection of premises affected by the other authorised works.

(4)

Subject to paragraph (6) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.

(5)

The undertaker may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.

(6)

Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works—

(a)

within the limits of deviation for the scheduled works shown on the works plans;

(b)

within the boundaries of any street along which the construction of a street tramway is shown on the works plans or which has a junction with such a street; or

(c)

on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule.