§ 10 — Power to prevent obstruction to ancillary structures of common services tunnel

10.—(1) A person must not, without the written approval of an authorised officer —(a)

erect or place any structure or object across or within any ancillary structure of a common services tunnel that is within a common services tunnel area; or

(b)

obstruct or cause an obstruction to any ancillary structure of a common services tunnel that is within a common services tunnel area.

(2) If any structure or object is erected or placed, or any obstruction is caused, in contravention of subsection (1), an authorised officer may by order in writing require a specified person, within such time as may be specified in the order, to —(a)

remove the structure, object or obstruction; and

(b)

return the ancillary structure of the common services tunnel to its original state and condition.

(3) An authorised officer may cause the structure, object or obstruction mentioned in subsection (1) to be removed —(a)

if the specified person fails to comply with the order under subsection (2); or

(b)

if access to or through the ancillary structure of a common services tunnel is required immediately.

(4) The cost of removing a structure, object or obstruction may be recovered by the authorised officer as a civil debt in a court of competent jurisdiction —(a)

where the structure, object or obstruction was removed under subsection (3)(a), from the specified person to whom the order under subsection (2) was served; or

(b)

where the structure, object or obstruction was removed under subsection (3)(b), from the owner or occupier of the land from which the structure, object or obstruction was removed.

(5) A person who contravenes subsection (1), or a specified person who fails to comply with an order under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(6) In this section, “specified person” means any one or more of the following:(a)

a person who erected or placed the structure or object, or who obstructs or is causing or caused the obstruction, mentioned in subsection (1);

(b)

the owner or occupier of the land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located;

(c)

any other person having the power to remove the structure, object or obstruction mentioned in subsection (1).

(7) For the purposes of this section, a reference to a person or specified person does not include the Government, a public authority, or a person acting on behalf of the Government or a public authority.

—(1) A person must not, without the written approval of an authorised officer —(a)

erect or place any structure or object across or within any ancillary structure of a common services tunnel that is within a common services tunnel area; or

(b)

obstruct or cause an obstruction to any ancillary structure of a common services tunnel that is within a common services tunnel area.

(2) If any structure or object is erected or placed, or any obstruction is caused, in contravention of subsection (1), an authorised officer may by order in writing require a specified person, within such time as may be specified in the order, to —(a)

remove the structure, object or obstruction; and

(b)

return the ancillary structure of the common services tunnel to its original state and condition.

(3) An authorised officer may cause the structure, object or obstruction mentioned in subsection (1) to be removed —(a)

if the specified person fails to comply with the order under subsection (2); or

(b)

if access to or through the ancillary structure of a common services tunnel is required immediately.

(4) The cost of removing a structure, object or obstruction may be recovered by the authorised officer as a civil debt in a court of competent jurisdiction —(a)

where the structure, object or obstruction was removed under subsection (3)(a), from the specified person to whom the order under subsection (2) was served; or

(b)

where the structure, object or obstruction was removed under subsection (3)(b), from the owner or occupier of the land from which the structure, object or obstruction was removed.

(5) A person who contravenes subsection (1), or a specified person who fails to comply with an order under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(6) In this section, “specified person” means any one or more of the following:(a)

a person who erected or placed the structure or object, or who obstructs or is causing or caused the obstruction, mentioned in subsection (1);

(b)

the owner or occupier of the land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located;

(c)

any other person having the power to remove the structure, object or obstruction mentioned in subsection (1).

(7) For the purposes of this section, a reference to a person or specified person does not include the Government, a public authority, or a person acting on behalf of the Government or a public authority.