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SCHEDULES

SCHEDULE 3N.I.CONDITIONS RELATING TO TIDAL WORKS

1(1)Where a local harbour authority constructs, alters or extends any tidal work in contravention of section 11(1) or of any condition imposed under section 11(2), an appropriate department may—N.I.

(a)by notice in writing require the authority at its own expense to remove the work and to restore the site of the work to the condition in which it was before the contravention; or

(b)remove the work and restore the site of the work to the condition specified in paragraph ( a).

(2)Where a local harbour authority does not comply with a notice under sub-paragraph (1)( a) within a period of thirty days from the date on which an appropriate department served the notice, the department may remove any such work as is specified in that sub-paragraph and restore the site of the work to the condition specified in that sub-paragraph.

(3)Where an appropriate department incurs any expenditure in pursuance of sub-paragraph (1) or (2), it may recover the amount of that expenditure from the responsible harbour authority as if it were a debt due under a contract.

(4)In this paragraph and in paragraph 2 “responsible harbour authority” means the local harbour authority which, in relation to a tidal work, has contravened section 11(1) or a condition imposed under section 11(2).