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Power to alter levels of ground, etc.

Power to make additional crossings, etc.

Gauge.

Protection of sewers, etc.

Peak Tramway.

4. Subject to the approval of the Governor in Council, the company may alter the levels of the ground on which the tramway is laid, make and construct all necessary cuttings and embankments, bridges, viaducts, culverts, catch-water drains, and other works, and divert streams: Provided always that the earth excavated and thrown to waste is disposed of in such manner as to prevent its being washed down by rain into the harbour.

5. Subject to the approval of the Governor in Council, after timely and adequate notification by public advertisement or otherwise of the intention of the company to apply for such approval, the company may construct and maintain, subject to the provisions of this Ordinance and in accordance with plans to be previously deposited with the Director, all such crossings, passing places, sidings, junctions, turn-tables, and other works in addition to those particularly specified in and authorized by this Ordinance as may be approved by the Governor in Council, and may work and use the same.

6. The tramway shall be constructed on a gauge not exceeding five feet in width, and with steel rails, which shall, before being laid down, be approved by the Director.

7. (1) Where the tramway, or any work connected therewith, interferes with any sewer, drain, watercourse, or subway, or in any way affects the sewerage or drainage of the Colony, the company shall not commence such tramway or work until it has given to the Director fourteen days' notice in writing of its intention to do so together with all necessary particulars relating thereto, nor until the Director has signified his approval of the same, unless he does not signify his approval, disapproval, or other directions within fourteen days after service of the said notice and particulars.

(2) The company shall comply with the directions of the Director in the execution of the said works and shall provide by new, altered, or substituted works, in such manner as he may require, for the proper protection of, and for preventing injury or impediment to, the sewers and works hereinbefore referred to by or by reason of the tramway, and shall save harmless the Director against the expense occasioned thereby.

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