12(1)Where a tidal work is abandoned or suffered to fall into decay the Secretary of State or the Port Authority may by notice in writing require Scottish Enterprise at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State or the Port Authority, as the case may be, think proper.
(2)Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or the Port Authority, as the case may be, may include that part of the work, or any portion thereof, in any notice under this section.
(3)If, on the expiration of 30 days from the date when a notice under this section is served upon Scottish Enterprise they have failed to comply with the requirements of the notice the Secretary of State or the Port Authority, as the case may be, may execute the works specified in the notice and any expenditure incurred by them in so doing shall be recoverable from Scottish Enterprise.