Obligations relating to development and building works
3.—(1)  A person must not carry out, or permit or otherwise authorise the carrying out of, any development within a railway corridor or railway protection zone unless —
(a)the development —
(i)is supervised by a qualified person appointed under regulation 11(1)(a) or (b)(i) to supervise the development; and
(ii)is carried out in accordance with an approved proposal (including any amendment approved for the proposal) for the development; and
(b)a permit mentioned in regulation 10 has been granted for the engineering works involved in the development.
(2)  If a development involves building works within a railway corridor or railway protection zone, a person must not carry out, or permit or otherwise authorise the carrying out of, the building works unless the building works are carried out in accordance with an approved proposal (including any amendment approved for the proposal) for the building works.
(3)  A person shall be guilty of an offence if the person carries out, or permits or otherwise authorises the carrying out of —
(a)any development, knowing that or rashly or negligently failing to ascertain whether the carrying out of the development is in contravention of paragraph (1); or
(b)any building works, knowing that or rashly or negligently failing to ascertain whether the carrying out of the building works is in contravention of paragraph (2).
(4)  A person who is guilty of an offence under paragraph (3) shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.