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Harbours Act (Northern Ireland) 1970, Paragraph 2 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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2(1)Where a local harbour authority abandons any tidal work, or allows it to fall into disrepair, an appropriate department may by notice in writing require the authority at its own expense—N.I.
(a)to repair and restore the work;
(b)to remove the work and to restore the land on which it is constructed to the condition in which the land was before the work was constructed.
(2)Where—
(a)a local harbour authority abandons any work consisting of a tidal work and of other work or allows a work so consisting to fall into disrepair; and
(b)an appropriate department is satisfied that any part of the work which is not a tidal work is in such a condition as to interfere with or to cause reasonable apprehension that it may interfere with, navigation or public rights over the foreshore;
an appropriate department may include that part of the work in a notice under sub-paragraph (1).
(3)Where a local harbour authority does not comply with a notice under sub-paragraph (1), within a period of thirty days from the date on which an appropriate department served the notice, the department may execute such works of repair, restoration or removal as are necessary to comply with the notice.
(4)Where an appropriate department incurs any expenditure in pursuance of sub-paragraph (3), it may recover the amount of that expenditure from the responsible harbour authority as if it were a debt due under a contract.
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