The Lerwick Harbour Revision Order 2015

Tidal works not to be executed without approval of the Scottish Ministers S

10.—(1) A tidal work shall not be constructed, executed, renewed, replaced, extended, altered or demolished except in accordance with plans and sections approved by the Scottish Ministers and subject to any conditions and restrictions imposed by the Scottish Ministers before the work is begun.

(2) If a tidal work is constructed, executed, renewed, replaced, extended, altered or demolished in contravention of this Article or of any condition or restriction under this article—

(a) the Scottish Ministers may by notice in writing require the Authority at its own expense to remove the tidal work or any part of it and restore the site of the tidal work to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Authority it has failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice; or

(b) if it appears to the Scottish Ministers urgently necessary to do so, they may themselves remove the tidal works or part of it and restore the site to its former condition;

and any expenditure incurred by the Scottish Ministers in so doing shall be recoverable from the Authority as a debt.

(3) Paragraph (1) shall not apply to any work authorised by article 3 (power to construct works) and any related works authorised by article 7 (subsidiary works).

(4) Subject to paragraph (3), the works referred to in paragraph (1) shall be deemed to be “harbour works” within the meaning and for the purposes of the Marine Works (Environmental Impact Assessment) Regulations 2007(1).

Commencement Information

I1 Art. 10 in force at 10.1.2015, see art. 1(1)

(1)

S.I. 2007/1518; “harbour works” is defined in regulation 2(1).