The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005

Survey of waterway

6.—(1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the Executive shall bear the reasonable cost of the carrying out by a qualified engineer (the “engineer”), to be approved by BW and the Executive, of a survey including a dip-survey to measure the depth of the waterway (“the survey”) of so much of the waterway and of any land and existing works of the Executive which may provide support for the waterway as will or may be affected by the specified works.

(2) For the purposes of the survey the Executive shall—

(a) on being given reasonable notice (save in case of emergency, when immediate access shall be afforded) afford reasonable facilities to the engineer for access to the site of the specified works and to any land and existing works of the Executive which may provide support for the waterway as will or may be affected by the specified works; and

(b) supply the engineer as soon as reasonable practicable with all such information as he may reasonably require with regard to such existing works of the Executive and to the specified works or the method of construction thereof.

(3) The reasonable costs of the survey shall include the costs of any dewatering or reduction of the water level of any part of the waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey and the provisions of this Part of this Schedule shall apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

(4) Copies of the survey shall be provided to both BW and the Executive at no cost to BW.