PART 2 | OBLIGATIONS RELATING TO SPECIFIED ACTIVITY |
| Obligations relating to specified activity |
4.—(1) A contractor who is engaged in or is to carry out any specified activity within a part of a public sewer corridor must ensure that the activity is carried out in accordance with an approved plan (including any amendment permitted to the plan) for the activity.| (2) Any person who contravenes paragraph (1) shall be guilty of an offence. |
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| Application for approval of plan for specified activity |
5.—(1) An application to the Board for the approval of the plan for any specified activity within a public sewer corridor must —| (a) | be made by the contractor of the activity; | | (b) | be prepared and submitted —| (i) | if the plan requires the Commissioner’s approval, by a qualified person appointed for the purposes of this regulation; or | | (ii) | if the plan does not require the Commissioner’s approval —| (A) | by a registered professional engineer appointed for the purposes of this regulation; or | | (B) | if the Board permits in any particular case, by the contractor; |
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| | (c) | be accompanied by the plan; and | | (d) | unless the Board otherwise permits in any particular case for a plan that does not require the Commissioner’s approval, be accompanied by one or more of the following documents as the Board may require:| (i) | a report of a construction survey; | | (ii) | a method statement detailing how the activity is proposed to be carried out; | | (iii) | an impact assessment report on the public sewerage system running through the public sewer corridor; | | (iv) | such other plan, information, technical report, certificate and document as the Board may require. |
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(2) The documents mentioned in paragraph (1)(c) and (d) must —| (a) | if they relate to a plan that requires the Commissioner’s approval, be prepared by the qualified person that prepared the application; or | | (b) | if they relate to a plan that does not require the Commissioner’s approval, be verified by —| (i) | the registered professional engineer that prepared the application; or | | (ii) | if the Board permits in any particular case, the contractor. |
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| (3) The Board may, in granting any permission under paragraph (1)(b)(ii)(B) or (d) or (2)(b)(ii), impose such conditions (including conditions subsequent) on the contractor as the Board thinks fit. |
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| Amendments to approved plan |
6.—(1) The contractor of any specified activity with an approved plan may apply to the Board for permission to amend the approved plan.(2) An application under paragraph (1) must —| (a) | be made by the contractor; | | (b) | be prepared by the person who prepared the application for approval for the plan; and | | (c) | be accompanied by the approved plan with the amendment sought indicated on it, which —| (i) | if the plan requires the Commissioner’s approval, is prepared by the person mentioned in sub‑paragraph (b); or | | (ii) | if the plan does not require the Commissioner’s approval, is verified by the person mentioned in sub‑paragraph (b). |
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| (3) Where the Board permits an amendment to an approved plan under this regulation and the contractor fails to comply with any condition imposed under regulation 15(2)(a) in relation to the amendment, then, upon the non‑compliance, the permission for amendment lapses and the contractor may continue carrying out the specified activity only in accordance with the plan without the amendment. |
| (4) Any person who contravenes paragraph (3) shall be guilty of an offence. |
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| Cessation of approval for plan |
7.—(1) A plan for any specified activity ceases to be an approved plan —| (a) | if the activity does not start before the end of the commencement window period for that activity; | | (b) | upon the failure of the contractor to comply with any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a) in relation to the approved plan; | | (c) | in accordance with regulation 10; or | | (d) | upon the revocation by the Board of the approval for the plan. |
(2) For the purpose of paragraph (1)(d), the Board may revoke the approval for any plan upon being satisfied of any of the following:| (a) | any information or document submitted to the Board in connection with any of the following is false or misleading:| (i) | the application for approval of the plan under regulation 5; | | (ii) | any application for permission to amend the plan under regulation 6; | | (iii) | any application for an extension of the commencement window period for the activity under regulation 8; |
| | (b) | any measure imposed by the Board under regulation 12(1)(b) has not been complied with. |
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| (3) The Board must, before revoking the approval for any plan, give the contractor concerned notice in writing of the Board’s intention to do so specifying a date, not less than 7 days after the date of the notice, on which such revocation is to be made and calling on the contractor to show cause to the Board why the approval should not be revoked. |
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| Time for commencement of specified activity |
8.—(1) The contractor for any specified activity with an approved plan must ensure that the activity is commenced before the end of the period of 12 months after the date on which the Board approves the plan, including any extension of that period under this regulation.| (2) The contractor may apply to the Board for an extension of the commencement window period not later than 14 days before the expiry of the commencement window period. |
(3) If the contractor of the specified activity fails to comply with any condition imposed under regulation 15(2)(a) in relation to the extension of a commencement window period applicable to the activity, then —| (a) | if the non‑compliance occurs before the commencement window period (without the extension) expires, the extension ceases to apply; and | | (b) | if the non‑compliance occurs during the extension, the commencement window period expires upon the non‑compliance. |
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| Supervision of specified activities |
9.—(1) This regulation does not apply to any specified activity with an approved plan, if the plan —| (a) | does not require the Commissioner’s approval; and | | (b) | is prepared and submitted in accordance with regulation 5(1)(b)(ii)(B). |
(2) A contractor of any specified activity to be carried out in a public sewer corridor must —| (a) | appoint the following person as a supervisor to supervise the carrying out of the activity:| (i) | if the plan for the activity requires the Commissioner’s approval, the qualified person who prepared the application for the approval of the plan; | | (ii) | if the plan for the activity does not require the Commissioner’s approval, the registered professional engineer who prepared the application for the approval of the plan; and |
| | (b) | ensure at all times when the activity is carried out, that it is supervised by the supervisor appointed under sub‑paragraph (a). |
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| (3) A contractor who contravenes paragraph (2) shall be guilty of an offence. |
(4) The supervisor must —| (a) | exercise due diligence in supervising and inspecting the carrying out of the activity; | | (b) | take all reasonable steps when supervising and inspecting the carrying out of the activity, to ensure that the activity is carried out in accordance with —| (i) | the Act; | | (ii) | these Regulations; | | (iii) | the approved plan for the activity; and | | (iv) | any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a); |
| | (c) | notify the Board of any contravention of —| (i) | the Act; | | (ii) | these Regulations; or | | (iii) | any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a); |
| | (d) | keep and maintain at the premises at which the activity is carried out, such document, book or record as the Board may require; | | (e) | carry out the inspection of the activity in such manner as the Board may require; | | (f) | submit to the Board a declaration and certificate of completion of works relating to the activity in such form and at such time as the Board specifies; and | | (g) | submit such other document to the Board at such time as the Board may specify. |
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| (5) Any supervisor who contravenes paragraph (4) shall be guilty of an offence. |
| (6) In any prosecution against a person for failing to comply with paragraph (4)(c), it is a defence for the person to prove to the satisfaction of the court that he or she could not reasonably have discovered the contravention mentioned in the charge. |
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| Resignation or termination of appointment of supervisor, etc. |
10.—(1) This regulation does not apply to any specified activity with an approved plan, if the plan —| (a) | does not require the Commissioner’s approval; and | | (b) | is prepared and submitted in accordance with regulation 5(1)(b)(ii)(B). |
| (2) Where, at any time after the plan for a specified activity is approved, an event specified in the first column of the Second Schedule occurs, the person specified opposite in the second column of that Schedule for the event must notify the Board in writing of that event within 14 days after the date specified opposite in the third column of that Schedule for the event. |
(3) Where at any time after the plan for a specified activity is approved, an event specified in the first column of the Second Schedule occurs —| (a) | subject to paragraph (5), the approved plan for the specified activity ceases to be an approved plan at the end of the period of 14 days after the date specified opposite in the third column of that Schedule for the event; and | | (b) | if the contractor wishes to continue with the specified activity, the contractor must ensure that another qualified person or registered professional engineer is appointed as a supervisor to carry out the duties in regulation 9(4), and make an application under regulation 5 (as modified under paragraph (4)) to the Board for approval of the plan for the activity. |
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(4) For the purpose of paragraph (3)(b), the application must (in addition to the requirements of regulation 5) include the following:| (a) | the details of the part of the specified activity carried out under the supervision of the previous supervisor; | | (b) | the details of the part of the specified activity to be carried out under the supervision of the supervisor appointed under paragraph (3)(b). |
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| (5) Despite paragraph (3)(a), if the application mentioned in paragraph (3)(b) is made before the expiry of the period mentioned in paragraph (3)(a), the approved plan for the specified activity mentioned in paragraph (3)(a) ceases to be an approved plan on the day the Board grants or refuses to grant the application, as the case may be. |
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| Construction survey following completion of specified activity |
11.—(1) Upon the completion of any specified activity in a part of a public sewer corridor, the contractor of the activity must —| (a) | carry out or cause to be carried out a construction survey to establish whether the public sewerage system which runs through that part of the public sewer corridor is damaged or adversely affected by the activity; and | | (b) | submit a copy of the report of the construction survey to the Board within the time specified in paragraph (2). |
(2) For the purposes of paragraph (1), the time is —| (a) | such time as may be specified by the Board; or | | (b) | where the Board does not specify any time —| (i) | in the case of a specified activity with a plan requiring the Commissioner’s approval and in respect of which an application is made for the issue of a compliance certificate under section 33(8) of the Act, when the application is made; and | | (ii) | in any other case, when the declaration and certificate of completion of works is submitted under regulation 9(4)(f). |
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| (3) A contractor who contravenes paragraph (1) shall be guilty of an offence. |
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