PART 6 Protective Provision

68 For protection of the Environment Agency
1 For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between Merseytravel and the Agency, have effect.
2 Before carrying out any works under the powers of this Order involving the erection or raising of any obstruction to the flow of any watercourse or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the authorised tram system, Merseytravel shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency.
3 The approval of plans furnished under this article shall not be unreasonably withheld and if, within two months of such plans being supplied to the Agency, the Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied.
4 For the purposes of this article, “plans” includes sections, drawings, specifications, calculations and descriptions.
5 Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for purposes of or in connection with the authorised tram system and constructed under the powers of this Order shall be maintained by Merseytravel in good repair and condition and free from obstruction.
6 Nothing in this article shall have the effect of requiring Merseytravel to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person are liable to maintain.
7 If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article Merseytravel shall, upon receiving notice from the Agency, take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from Merseytravel as a debt due from it to the Agency.