§ 12 — Engineering works within common services tunnel protection zone

12.—(1) A person must not, without the prior written approval of an authorised officer, carry out any engineering works within a common services tunnel protection zone.(2) The approval of an authorised officer under subsection (1) may be subject to such conditions as the authorised officer considers necessary, including any condition —(a)

to prevent damage by those engineering works to any common services tunnel, or any ancillary facility of the common services tunnel, or both; and

(b)

to ensure the safe and efficient operation and functioning of any common services tunnel, or any ancillary facility of the common services tunnel, or both.

(3) Without limiting subsection (2), the conditions that may be imposed by an authorised officer include the construction, in accordance with the specifications of the authorised officer, of such temporary or permanent structures in addition to or in place of any existing part of any ancillary facility of the common services tunnel.

(4) A modification to an ancillary facility of the common services tunnel, or a replacement of an ancillary facility of the common services tunnel, made pursuant to a condition of approval under subsection (2) is to be treated as if it were one and the same as the original ancillary facility of the common services tunnel, and as subject to this Act as such.

(5) Where any works or other activity is carried out in contravention of subsection (1) or any condition imposed under subsection (2), an authorised officer may, by order in writing, require any specified person to do one or more of the following:(a)

immediately stop carrying on those engineering works, either indefinitely or for a period specified in the order;

(b)

carry out, within a time specified in the order, such works as the authorised officer thinks necessary to protect the common services tunnel and any ancillary facility of the common services tunnel;

(c)

return the common services tunnel, and any ancillary facility of the common services tunnel, to its original state and condition within a time specified in the order.

(6) Where a specified person on whom an order under subsection (5)(b) or (c) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land to which the order relates, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that specified person under subsection (8).

(7) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (6) may be recovered from the person who failed to comply with the order served under subsection (5)(b) or (c) as a civil debt in a court of competent jurisdiction.

(8) A person who contravenes subsection (1) or fails to comply with any condition imposed under subsection (2), or a specified person who fails to comply with an order under subsection (5), 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.

(9) In this section —“common services tunnel protection zone” means an area within the CST area for a common services tunnel —(a)

declared by a CST Authority for the CST area as an area where engineering works may affect the safe and efficient operation and functionality of the common services tunnel or any ancillary facility of the common services tunnel; and

(b)

made available to a person seeking to carry out engineering works in the CST area in the prescribed manner;

“engineering works” means any kind of construction work that may affect the structural integrity of a common services tunnel or any ancillary facility of a common services tunnel, or its safe and efficient operation and functioning, and includes —(a)

building works as defined in section 2(1) of the Building Control Act 1989;

(b)

any act of excavating earth, rock or other material (by whatever means) in connection with —(i)

any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, structure, road, railway, bridge, viaduct, flyover, drain or sewer;

(ii)

any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fittings or other apparatus; or

(iii)

any soil investigation work;

(c)

any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any land or street by any mechanical means;

(d)

the driving or sinking of any earth rod, casing or tube into the ground; and

(e)

any storage or placement of large construction equipment, construction materials and stockpiling of earth or heavy objects;

“specified person” means any one or more of the following:(a)

the person who does or causes or permits to be done any of the works mentioned in subsection (1);

(b)

the owner or occupier of the land on which the works mentioned in subsection (1) are carried on.

(10) 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 the public authority.

—(1) A person must not, without the prior written approval of an authorised officer, carry out any engineering works within a common services tunnel protection zone.

(2) The approval of an authorised officer under subsection (1) may be subject to such conditions as the authorised officer considers necessary, including any condition —(a)

to prevent damage by those engineering works to any common services tunnel, or any ancillary facility of the common services tunnel, or both; and

(b)

to ensure the safe and efficient operation and functioning of any common services tunnel, or any ancillary facility of the common services tunnel, or both.

(3) Without limiting subsection (2), the conditions that may be imposed by an authorised officer include the construction, in accordance with the specifications of the authorised officer, of such temporary or permanent structures in addition to or in place of any existing part of any ancillary facility of the common services tunnel.

(4) A modification to an ancillary facility of the common services tunnel, or a replacement of an ancillary facility of the common services tunnel, made pursuant to a condition of approval under subsection (2) is to be treated as if it were one and the same as the original ancillary facility of the common services tunnel, and as subject to this Act as such.

(5) Where any works or other activity is carried out in contravention of subsection (1) or any condition imposed under subsection (2), an authorised officer may, by order in writing, require any specified person to do one or more of the following:(a)

immediately stop carrying on those engineering works, either indefinitely or for a period specified in the order;

(b)

carry out, within a time specified in the order, such works as the authorised officer thinks necessary to protect the common services tunnel and any ancillary facility of the common services tunnel;

(c)

return the common services tunnel, and any ancillary facility of the common services tunnel, to its original state and condition within a time specified in the order.

(6) Where a specified person on whom an order under subsection (5)(b) or (c) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land to which the order relates, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that specified person under subsection (8).

(7) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (6) may be recovered from the person who failed to comply with the order served under subsection (5)(b) or (c) as a civil debt in a court of competent jurisdiction.

(8) A person who contravenes subsection (1) or fails to comply with any condition imposed under subsection (2), or a specified person who fails to comply with an order under subsection (5), 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.

(9) In this section —“common services tunnel protection zone” means an area within the CST area for a common services tunnel —(a)

declared by a CST Authority for the CST area as an area where engineering works may affect the safe and efficient operation and functionality of the common services tunnel or any ancillary facility of the common services tunnel; and

(b)

made available to a person seeking to carry out engineering works in the CST area in the prescribed manner;

“engineering works” means any kind of construction work that may affect the structural integrity of a common services tunnel or any ancillary facility of a common services tunnel, or its safe and efficient operation and functioning, and includes —(a)

building works as defined in section 2(1) of the Building Control Act 1989;

(b)

any act of excavating earth, rock or other material (by whatever means) in connection with —(i)

any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, structure, road, railway, bridge, viaduct, flyover, drain or sewer;

(ii)

any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fittings or other apparatus; or

(iii)

any soil investigation work;

(c)

any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any land or street by any mechanical means;

(d)

the driving or sinking of any earth rod, casing or tube into the ground; and

(e)

any storage or placement of large construction equipment, construction materials and stockpiling of earth or heavy objects;

“specified person” means any one or more of the following:(a)

the person who does or causes or permits to be done any of the works mentioned in subsection (1);

(b)

the owner or occupier of the land on which the works mentioned in subsection (1) are carried on.

(10) 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 the public authority.