PART 2STHE WORKS

Abatement of works abandoned or decayedS

11.—(1) Where a tidal work is abandoned or suffered to fall into decay the Ministers may by notice in writing require the Company at the Company’s own expense either to repair and restore the work, or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Ministers think appropriate.

(2) Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Ministers may include that part of the work, or any portion of it, in any notice under this article.

(3) If, on the expiry of one month from the date when a notice under this article is served upon the Company, it fails to comply with the requirements of the notice, the Ministers may execute the works specified in the notice and any expenditure incurred by them in so doing will be recoverable from the Company.

Commencement Information

I1Art. 11 in force at 30.11.2018, see art. 1