The Roads (Northern Ireland) Order 1993

Article 105(4) and (5).

SCHEDULE 6 TIDAL WORKS

1.  Where the Department constructs, alters or extends any tidal work in contravention of paragraph (3) of Article 105 or of any condition imposed under that paragraph, the Secretary of State may by notice in writing require the Department 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.

2.—(1) Where the Department abandons any tidal work, or allows it to fall into disrepair, the Secretary of State may by notice in writing require the Department at its own expense—

(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) the Department abandons any work consisting of a tidal work and of other work or allows a work so consisting to fall into disrepair; and

(b) the Secretary of State 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;

the Secretary of State may include that part of the work in a notice under sub-paragraph (1).

3.  Where any tidal work constructed by the Department is damaged or decays, the Department shall—

(a) forthwith notify the Commissioners of Irish Lights;

(b) lay down such buoys, exhibit such lights and take such other steps to prevent any danger to navigation, as those Commissioners may specify.

4.—(1) The Secretary of State may cause a survey and examination to be made—

(a) of any tidal work; and

(b) of the land upon which it is proposed to construct any such work.

(2) The cost of any survey and examination under sub-paragraph (1) shall be met by the Department.

5.—(1) The Department shall, while a tidal work is being constructed, altered or extended—

(a) exhibit, at or near the work, every night from sunset to sunrise such lights as the Secretary of State may specify;

(b) take such steps to prevent any danger to navigation as the Secretary of State may specify.

(2) The Department shall, in relation to any tidal work, after the work is completed—

(a) exhibit every night from sunset to sunrise such lights as the Commissioners of Irish Lights may specify, at such places as may be so specified;

(b) take such steps to prevent any danger to navigation as those Commissioners may specify.

6.  It shall be the duty of the Department to comply with any notice served on it under this Schedule.