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The Docklands Light Railway (Capacity Enhancement) Order 2005

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Power to construct and maintain works

5.—(1) DLRL may construct and maintain the scheduled works.

(2) Subject to article 6, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) DLRL may carry out and maintain—

(a)on the land specified in columns (1) and (2) of Part 2 of Schedule 2 to this Order, the works specified in relation to that land in column (3) of that Part of that Schedule;

(b)at each of the stations specified in column (1) of Part 2 of Schedule 2 to this Order and on the land specified in relation to that station in column (2) of that part of that Schedule, the station works;

together with all necessary works and facilities in connection therewith.

(4) Subject to paragraph (6), and without prejudice to any other powers available to it under any other enactment, DLRL may from time to time carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works, namely—

(a)works to alter the position of apparatus, including mains, sewers, drains, pipes, cables and street furniture;

(b)works to erect and construct such stations, engines, machinery, apparatus, and other works and facilities as DLRL thinks fit;

(c)making, providing, extending and maintaining all such, approaches, bridges, subways, interchanges, roundabouts, turning places, passages, areas of access and staging as DLRL thinks fit;

(d)making junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way interfered with by, or contiguous with, any of those works, and widening or altering any highway or access way for the purposes of connecting it with any of those works or another highway, or of crossing under or over the highway or access way;

(e)works to carry out viaduct strengthening, pile strengthening and bridge strengthening;

(f)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

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

(h)works for the benefit or protection of land or premises affected by the authorised works, and

(i)works to alter, repair or discontinue the above mentioned works or any of them and substitute others in their place.

(5) Subject to paragraph (6), DLRL may from time to time carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.

(6) The works specified in paragraphs (4) and (5) may only be carried out—

(a)within the limits of deviation for the scheduled works shown on the deposited plans;

(b)on land specified in columns (1) and (2) of Parts 1 or 2 of Schedule 2 to this Order in connection with authorised works specified in relation to that land in column (3) of that part of that Schedule; and

(c)on land specified in columns (1) and (2) of Schedule 8 to this Order in connection with the authorised works specified in relation to that land in column (4) of that Schedule.

(7) The following enactments shall not apply to anything done under or in pursuance of this Order—

(a)section 109 of the Water Resources Act 1991(1);

(b)section 23 of the Land Drainage Act 1991(2);

(c)section 13 of the 1994 Act; and

(d)any byelaws made under the above Acts.

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