Water Act 1989

3 (1) Subject to the following provisions of this paragraph and without prejudice to section 160 of this Act, the powers conferred by paragraph 2 above to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the [1980 c. 66.] Highways Act 1980)—

(a) is under the control or management of, or is maintainable by, a railway company or navigation authority; or

(b) forms part of a level crossing belonging to such a company or authority or to any other person,

except with the consent of the company or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) above shall not apply to any exercise of the powers conferred by paragraph 2 above for the carrying out of emergency works, within the meaning of the [1950 c. 39.] Public Utilities Street Works Act 1950.

(3) A consent given for the purposes of this paragraph may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) Any dispute as to whether a consent for the purposes of this paragraph should be given or withheld, or as to whether the conditions to which any such consent is made subject are reasonable, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.

(5) If the Authority or any water undertaker or sewerage undertaker contravenes, without reasonable excuse, the requirements of sub-paragraph (1) above, it shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph “railway company” means the British Railways Board, London Regional Transport or any other person authorised by any enactment to construct, work or carry on a railway.