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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 Council at their own expense—
(a)to repair and restore the work, or any part of it; or
(b)to remove the work and restore the site to its former condition, or so near its former condition as is acceptable to him.
(2) Where—
(a)a work erected under this Order, part of which is a tidal work, is abandoned or allowed to fall into decay; and
(b)the part of the work on or over land above the level of mean high-water springs is in such a condition as to interfere, or cause reasonable apprehension that it may interfere, with the right of navigation or any public rights over the foreshore,
the Secretary of State may include that part of the work, or any portion of it, in any notice under sub-paragraph (1).
(3) If at the end of the period of 28 days from the date when notice is served on the Council under sub-paragraph (1) they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice.
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