ABSTRACT
As with the Old Code, the operator has the automatic right to carry out those works. In contrast to the Old Code, however, there is no provision for agreements to obstruct. Under paragraph 59(1), a street work right is: 27.1.5 In relation to the 'works' permitted under paragraph 59(1)(c), paragraph 59(2) provides that the works 'include': 27.2 27.2.1 As under paragraph 11 of the Old Code, provision is made for rights exercisable over tidal waters. Paragraph 64(1) provides that an operator may not exercise a tidal water right in relation to land in which a Crown interest subsists unless agreement to the exercise of the right in relation to the land has been given in respect of that interest by the appropriate authority in accordance with paragraph 104. Under paragraph 67(1), it is provided that: Before carrying out non-emergency undertaker's works which interfere with a network, an undertaker must give the operator notice of the intention to carry out works.
