22

CAP. 215]

Eastern Harbour Crossing

Other obligations of the Road Company.

(Cap. 147.)

[1986 Ed.

(6) The costs incurred by any person in complying with a direction under subsection (4) shall be payable by the Road Company to that person in such amount as may be agreed between the Road Company and that person or, failing agreement, as may be determined by the Director.

35. (1) The Road Company shall ensure that all fill for reclamation works undertaken in pursuance of the project is from a source, and of a quality, approved by the Director.

(2) Subject to the Sand Ordinance, any spoil dredged from the sea-bed during the carrying out of the construction works shall be disposed of by the Road Company at its own expense by removing to such marine dumping ground or other place as the Director may direct.

(3) Rock excavated for the carrying out of the construction works shall not be crushed into aggregates or aggregate derivatives for sale, or sold, without the prior approval of the Director and in accordance with the terms of such approval; any such terms may require payment to the Government, whether by way of royalty on the sale or otherwise, as a consideration for the grant of the approval.

(4) The Road Company shall at its own expense make good all damage occasioned by the carrying out of the construction works to all sea-walls, public roads, storm drains, water mains or other public property in such manner as the Director may direct.

(5) As soon as practicable after the date of completion as determined under section 18, the Road Company shall at its own expense supply the Director with as many sets (not exceeding 10) of the drawings of the construction works as constructed as the Director may require and in such form as he may require.

Defects.

PART VII

CONTINUING OBLIGATIONS AND PROVISIONS IN RESPECT OF THE CONSTRUCTION WORKS: REGULATIONS

36. (1) Subject to subsections (2) and (3) the Road Company shall be liable at all times until the expiration or revocation of the franchise granted to it by section 4(1) to make good any defect in the construction works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director.

(2) On and after the rail operating date and until the expiration or revocation of the franchise granted by section 5(1) the Rail Company shall be liable at all times to make good any defect in the railway works as soon as practicable after the defect becomes apparent and to the reasonable satisfaction of the Director.

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