ABSTRACT
As in the case of paragraph 9 of the Old Code, provision is made by the New Code for operator works to a street. 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. Certain proposals made by the Law Commission in Law Com 336 were also not implemented. The operator can exercise a street work right for the 'statutory purposes' under paragraph 58, though subject to the provisions of the New Code. 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.
