Tidal Works not to be executed without the approval of the Scottish Ministers
10.—(1) A tidal work shall not be constructed, executed, altered, demolished, renewed or replaced except in accordance with plans and sections approved by the Scottish Ministers and subject to any conditions and restrictions imposed by the Scottish Ministers before the work is begun.
(2) If a tidal work is constructed, executed, altered, demolished, renewed or replaced in contravention of this article–
(a)the Scottish Ministers may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served on the Company it has failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice; or
(b)if it appears to the Scottish Ministers urgently necessary to do so, they may themselves remove the tidal works or part of it and restore the site to its former condition;
and any expenditure incurred by the Scottish Ministers in so doing shall be recoverable from the Company as a debt.
(3) The work referred to in paragraph (1) shall be deemed to be “harbour works” within the meaning and for the purposes of the Marine Works (Environmental Impact Assessment) Regulations 2007(1).
S.I. 2007/1518; “harbour works” is defined in regulation 2(1).