||Title:||EASTERN HARBOUR CROSSING ORDINANCE||Gazette Number:|
|Section:||38||Heading:||Provisions supplementary to sections 36 and 37||Version Date:||30/06/1997|
(1) Where any works are effected by the Road Company or the Rail Company under section 36 or 37, the provisions of Part VI shall apply in respect of the carrying out of such works as though the same were the carrying out of the construction works with such modifications as the circumstances of the case may require or as the Director may determine and, in the case of works carried out by the Rail Company, as if that company were the Road Company and references in Part VI to the Road Company were construed accordingly.
(2) The Director shall not exercise his powers under section 36 or 37 in such manner as would require the Road Company or, as the case may be, the Rail Company, to carry out any works to a standard which is substantially higher than that-
(3) If the Road Company or, as the case may be, the Rail Company fails to comply with any requirement of the Director under section 36 or 37 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works.
(a) required by-
(i) any relevant approval or exemption under Part VI; or
when the construction works were first carried out;
(ii) standards generally prevailing,
(b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out.
(4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Road Company or, as the case may be, the Rail Company is required by section 36 or 37 to carry out, he may require the Road Company or, as the case may be, the Rail Company, to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Road Company or, as the case may be, the Rail Company.
(5) Subject to section 37(3), the expense of any works carried out under section 36 or 37 shall be borne by the Road Company or, as the case may be, the Rail Company (being the person under the duty to carry out those works) and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Road Company or, as the case may be, the Rail Company by the Government as a debt owing by it to the Government:
Provided that where section 36(3) applies the Road Company and the Rail Company shall be jointly and severally liable to the Government on such debt.