(a) To do any thing that is contrary to any enactment; or
(b) To do without the required permission any thing that is contrary to any enactment unless permission has been obtained under the enactment; or
(c) To do, with the required permission but otherwise than in accordance with any condition or requirement subject to which that permission was granted, any thing that is contrary to any enactment unless permission has been obtained under the enactment.

Schedule

Clause 3

Rights and Covenants

1. (1) The grantee may use the tunnel for any purpose required for or associated with electricity generation.
   (2) Subclause (1) is subject to clause 3 (2) of this order.

2. The grantee—
   (a) May from time to time enlarge, inspect, maintain, move, remove, renew, replace, or survey, any of the improvements and associated structures on the easement land; and
   (b) For that purpose may have access to the improvements and associated structures, and pass beside, over and through any of the improvements and associated structures, with any necessary equipment, machinery, tools, and vehicles.

3. The grantee may from time to time construct, enlarge, inspect, maintain, move, remove, renew, replace, or survey, any tunnel or permanent structure on the easement land.

4. (1) If required from time to time, the grantee may have free and unfettered access in, on, over, through, and to the servient land,—
   (a) Without charge, obstruction, or any restriction whatsoever; and
   (b) With or without—
   (i) Implements, tools, equipment and materials of any kind; and
   (ii) Vehicles, including heavy machinery.—
   along access routes from time to time agreed with the grantor, for any purpose necessary or convenient for the exercise of the grantee’s rights.
   (2) The right specified in subclause (1) does not include a right to have access to the servient land from any land that is not part of the benefited land.

5. (1) The grantee must take all reasonably practicable steps to—
   (a) Alert the public to the existence of the tunnel and the improvements and associated structures, and the fact that the public should not have access to the tunnel or the improvements and associated structures without authorisation; and
   (b) Prevent the public from gaining access to the tunnel and the improvements and associated structures.
   (2) The grantee must take all reasonably practicable steps to ensure that there are erected on the easement land appropriate signs, notices, and security fencing, to prevent unauthorised access to the improvements and associated structures.

6. (1) The grantee must prepare and maintain a management plan for its operation of the tunnel and the improvements and associated structures.
   (2) The plan may incorporate general operational, engineering, and health and safety requirements, the grantee’s operational instructions, and any recommendations arising out of any safety evaluation of existing dams reports or any equivalent dam safety reports adopted from time to time by the grantee.

7. If any activities of the grantee or the grantee’s servants or contractors cause, or bring about the cause of, any substantial damage to the easement land, the grantee—
   (a) Must promptly notify the grantor; and
   (b) Must take all reasonably practicable steps to prevent or avoid any worsening of the damage and any further damage from those activities; and
   (c) To the extent that there are no reasonably practicable steps that may be taken to prevent or avoid any worsening of the damage and any further damage from those activities, must take all reasonably practicable steps to minimise any worsening of the damage and any further damage from those activities; and
   (d) If, in the grantee’s reasonable opinion, the damage is capable of remedy, and it is economic to do so, must use its reasonable endeavours to remedy the damage.

8. The grantor must not obstruct or interfere with the carrying on of the lawful business of the grantee, so that the grantee has the absolute right to use the tunnel and the improvements and associated structures, and have quiet enjoyment of them, subject only to the conditions set out in this order.

9. (1) The grantor must use its best endeavours to ensure that neither the grantor nor any of its servants, contractors, lessees, or licensees causes any substantial damage or interference to the tunnel or the improvements and associated structures.
   (2) The grantor must not—
   (a) Carry out quarrying or earthmoving operations on the easement land; or
   (b) Operate or permit to be operated on the easement land any large machinery or equipment, such as cranes, bulldozers, drilling rigs, excavators, or pile drivers.

10. Where the grantee wishes to cease its business operation through destruction or for any other reason whatsoever it must give the grantor at least 6 months’ prior written notice on expiry of the notice the rights, obligations, and liability of the grantee will cease and determine except to the extent of any antecedent breach or failure to satisfy the requirements of clause 11 of this Schedule.

11. Upon the cessation or surrender of those of the grantee’s rights conferred by clause 1 of this Schedule, the grantee must within 6 months from the date of the cessation or surrender plug the tunnel with concrete to an appropriate health and safety standard to prevent people gaining access to sealed areas unless that grantor directs that the tunnel is to stay open.

12. (1) The grantee may temporarily exclude entry by any people (other than those authorised by it) to all or any parts of the easement land,—
    (a) Without the grantor’s approval, if it believes on reasonable grounds that it is necessary to do so because of an emergency endangering public safety or the security of the grantee’s electricity generation business.
    (b) With the grantor’s prior written approval, if it believes on reasonable grounds that it is necessary to do so because of a situation (other than an emergency) endangering public safety.
    (2) For so long as entry is excluded under subclause (1), the