CAP. 393]
Tate's Cairn Tunnel
[1988 Ed.
PART V
CONSTRUCTION OF THE TUNNEL
Construction works to be carried out at the expense of the Company
12. The Company shall, at its own expense, carry out the construction works in accordance with the project agreement and this Ordinance.
Start of construction
13. (1) The Company shall not commence the construction works before such date as may be agreed between the Director and the Company or, in the absence of agreement, as the Director may determine.
(2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the construction works as agreed or determined under subsection (1).
Period within which works must be completed
14. (1) Subject to this section, the Company shall complete the construction works within 37 months from the start of construction or within such extended period as may-
(a) be approved by the Governor in Council; or
(b) be granted by the Director on the grounds specified in the project agreement and in accordance with that agreement.
(2) If the Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Company (the want of sufficient funds not being regarded as a circumstance beyond its control).
Determination of date of completion
15. For the purposes of section 14(1) the date when the Company shall be deemed to have completed the construction works shall be the road operating date.
Project agreement sufficient authority to carry out works
16. (1) Subject to subsection (3) any construction works which are to be carried out under the project agreement and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance:
Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance (Cap. 228).
10
CAP. 393]
Tate's Cairn Tunnel
[1988 Ed.
PART V
CONSTRUCTION OF THE TUNNEL
Construction works to be carried out at the expense of the Company
12. The Company shall, at its own expense, carry out the construction works in accordance with the project agreement and this Ordinance.
Start of construction
13. (1) The Company shall not commence the construction works before such date as may be agreed between the Director and the Company or, in the absence of agreement, as the Director may determine.
(2) The Director shall cause a notice to be published in the Gazette specifying the date of commencement of the construction works as agreed or determined under subsection (1).
Period within which works must be completed
14. (1) Subject to this section, the Company shall complete the construc- tion works within 37 months from the start of construction or within such extended period as may-
(a) be approved by the Governor in Council; or
(b) be granted by the Director on the grounds specified in the project
agreement and in accordance with that agreement.
(2) If the Company fails, or appears to be likely to fail, to complete the construction works within the period specified in subsection (1), the Governor in Council shall, in considering whether or not to exercise its powers under subsection (1), take into account the extent to which the construction works have been carried out and whether such failure was or is occasioned by circumstances beyond the control of the Company (the want of sufficient funds not being regarded as a circumstance beyond its control).
Determination of date of completion
15. For the purposes of section 14(1) the date when the Company shall be deemed to have completed the construction works shall be the road operating date.
Project agreement sufficient authority to carry out works
16. (1) Subject to subsection (3) any construction works which are to be carried out under the project agreement and in accordance with any approval or exemption thereunder may be carried out without further authority notwith- standing anything to the contrary in any Ordinance:
Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance (Cap. 228).
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