TATE'S CAIRN TUNNEL

Ord. No. 50/88

A253

(3) Whenever a closure is effected under subsection (1) in pursuance of a requirement of the Director, the tunnel or such part thereof as is affected shall not be reopened without the prior consent in writing of the Director.

21. (1) Notwithstanding anything to the contrary in any other Ordin- ance no person other than the Company may install any utility within the tunnel area without the consent of the Company.

(2) The Company shall not give any permission for the purpose of subsection (1) unless the Commissioner has first approved the giving thereof and the terms and conditions (other than provision as to charges) of the permission.

(3) The Commissioner shall not give his approval under subsection (2) unless he is satisfied that the safety of persons using or employed in the vicinity of the tunnel area, and the passage of motor vehicles through the tunnel area, will not be prejudiced by such installation.

(4) The Company shall afford reasonable access to any utility in the tunnel area by the owner or person having the control of that utility.

22. (1) The Director may at any time enter any place where construc- tion works or other works undertaken in connection with the project have been or are being carried out-

(a) to ascertain whether the construction works are dangerous or

liable to become unsafe or dangerous;

(b) to inspect or test any machinery, equipment or plant therein; (c) to ascertain whether the Company is complying with the provi- sions of this Ordinance or the project agreement in relation to the construction or repair of the construction works;

(d) to effect any works authorized under this Ordinance.

(2) The Company shall afford the Director such facilities as he may require for the purposes of subsection (1).

23. For the purpose of enabling the Director to ascertain any arrange- ments which have been made or are about to be made by the Company for the fulfilment of its obligations under this Part, the Company shall, when required by the Director, forthwith furnish him with such information as to any matter relevant to such arrangements as he may require.

Utilities through the

tunnel area

Director may enter tunnel

area and works

area

Information to be supplied by the Company to the Director

24. The Governor in Council may make regulations for all or any of Power to make the following matters-

regulations

(a) the provision by the Company of adequate, efficient, safe and continuous facilities for the passage of motor vehicles through the tunnel area;

(b) the safety of persons using or employed in the tunnel and tunnel area, and, without prejudice to the generality of the foregoing in relation to fire hazards, for preventing any concentrations of carbon monoxide or other dangerous gases;

(c) lighting, including emergency lighting, and visibility in the tunnel

area;

(d) the noise level in the vicinity of any ventilation plant associated

with the tunnel;

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