26
CAP. 393]
Tate's Cairn Tunnel
[1988 Ed.
and, in any other case, the appeal shall be determined by the Governor in Council.
(3) On an appeal under this section the Governor may give such instructions as he thinks fit as to the enforcement of the decision appealed against pending the determination or abandonment of the appeal but, subject to such instructions, such decision may, pending such determination or abandonment, be enforced as if no such appeal had been made.
(4) The decision of the arbitrator or Governor in Council on an appeal under this section shall be final.
(5) In this section-
"decision" means any requirement, determination or direction made, or the withholding of any consent or approval (including the refusal to grant time under section 14(1)(b) as read with the project agreement), by the Secretary, the Director or the Commissioner under this Ordinance other than the exercise by the Secretary of his powers under section 46,
and this section shall apply to any such decision.
Non-derogation from Government's rights
54. (1) Nothing in this Ordinance or the project agreement shall affect any rights which the Government or any servant or agent thereof may have to enter upon any land affected by the construction works and do anything thereon which he might have done if those works had not been undertaken except to the extent that the exercise of such rights is limited by any express provision of this Ordinance or that agreement or by necessary implication from their provisions.
(2) Nothing in subsection (1) shall enable the Government, its servants or agents to exercise any such rights as are referred to in that subsection in a manner which would derogate from any rights granted to the Company under this Ordinance.
Certificate as to moneys owing to the Government
55. Where under this Ordinance any person becomes liable for the payment of money to the Government a certificate purporting to be signed by the Director as to the amount owing shall be evidence of that amount and, subject to any provision to the contrary in this Ordinance, the amount specified in that certificate shall become payable by the person so liable upon presentation of that certificate to him.
Limitation of public liability
56. No liability shall be imposed upon the Government or any public officer by reason of the fact that the construction works are carried out in accordance with this Ordinance and the project agreement or that the construction works or the designs, structural details, calculations, method and programme of construction and conditions of contract relating thereto are subject to inspection or approval by a public officer under the project agreement, nor