The Portsmouth Harbour (Gunwharf Quays) Order 1999

Article 8

SCHEDULE 2 TIDAL WORKS

1.—(1) A tidal work shall not be constructed, altered, replaced or re-laid, except in accordance with plans, sections and method statements approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

(2) If a tidal work is constructed, altered, replaced or re-laid, in contravention of this paragraph or of any condition or restriction imposed under this paragraph–

(a) the Secretary of State may by notice in writing require the undertaker at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, or

(b) if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker as a simple contract debt.

2.  The undertaker shall at or near a tidal work during the whole time of the construction, alteration, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

3.  In the case of injury to, or destruction or decay of, a tidal work or any part thereof the undertaker shall as soon as is reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

4.—(1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the undertaker at its 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 he thinks fit.

(2) Where–

(a) 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

(b) that part of the work on or over land above the level of high water is in such a condition as to interfere, or cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore,

the Secretary of State may include that part of the work, or any portion thereof, in any notice under sub-paragraph (1) above.

5.  After the completion of a tidal work the undertaker shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House may from time to time direct.

6.  If, on the expiration of 30 days from the date on which a notice under this Schedule is served upon the undertaker, the undertaker has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker as a simple contract debt.

7.  The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct a tidal work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker as a simple contract debt.