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The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005
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3. The undertaker shall not use any land or property of BW forming part of a waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—
(a)with the consent in writing of the engineer whose consent shall not be unreasonably withheld; and
(b)subject to compliance with such reasonable requirements as the engineer may from time to time specify—
(i)for the prevention of detriment; or
(ii)in order to avoid or reduce any inconvenience to BW, its officers and agents and all other persons lawfully on such land or property;
but nothing in this paragraph shall apply in relation to anything done in accordance with any approval given by BW under paragraph 7.
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