CAP. 393]
Tate's Cairn Tunnel
[1988 Ed.
(2) The Director shall not exercise his powers under section 17 or 18 in such manner as would require the Company to carry out any works to a standard which is substantially higher than that--
(a) required by-
(i) any relevant approval or exemption under the project agreement; or
(ii) standards generally prevailing,
when the construction works were first carried out;
(b) which may be reasonably justified having regard to the age of the construction works at the time when such works as so required are to be carried out.
(3) If the Company fails to comply with any requirement of the Director under section 17 or 18 within a reasonable time after the receipt of notice of the requirement, the Director may effect the necessary works.
(4) If at any time there exist, in the opinion of the Director, any circumstances requiring the immediate carrying out of any works which the Company is required by section 17 or 18 to carry out, he may require the Company to effect the same forthwith or, if he thinks fit, he may forthwith effect the same with or without notice to the Company.
(5) The expense of any works carried out under section 17 or 18 shall be borne by the Company and, where any such works are effected by the Director, the expense thereof shall be recoverable from the Company by the Government as a civil debt.
Closure of tunnel
20. (1) The Company may, and if required by the Director shall, close or partially close the tunnel whenever this is necessary to enable any works to be effected by reason of any obligation imposed by this Part.
(2) The Company shall not, except in an emergency, effect any such closure under subsection (1) without prior notification in writing to the Commissioner where any road traffic lane is to be closed.
(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.
Utilities through the tunnel area
21. (1) Notwithstanding anything to the contrary in any other Ordinance 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.