5Work No. 4: station and southern tunnel portal
(1)The design, construction and location within the parameters described in schedule 1 to this Act of—
(a)the station; and
(b)the southern portal of the tunnel,
forming part of Work No. 4 shall be subject to agreement between the authorised undertaker and EAL.
(2)Any dispute as to whether EAL or the authorised undertaker ought reasonably to accept any term proposed by the other of them for inclusion in an agreement under subsection (1) shall, unless the parties otherwise agree, be determined by arbitration; and in determining any dispute the arbiter shall have regard to the respective needs of EAL and the authorised undertaker for the future safe, effective and efficient operation of their respective undertakings.
(3)Subject to section 36, and unless otherwise agreed with EAL, the authorised undertaker shall not take possession of any land for the purpose of constructing any work to which subsection (1) relates or commence any part of such a work until agreement is reached or a determination is made in accordance with the requirements of this section.