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Killingholme Generating Stations (Ancillary Powers) Act 1991

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15Abatement of works abandoned or decayed

(1)Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or the rivers authority may by notice in writing require the appropriate company at their own expense either to repair and restore the work or any part thereof or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State or the rivers authority, as the case may be, thinks proper.

(2)Where a work, authorised by this Act 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 Secretary of State or the rivers authority, as the case may be, may include that part of the work, or any portion thereof, in any notice under this section.

(3)If, on the expiration of 30 days from the date when a notice under this section is served upon the appropriate company, they have failed to comply with the requirements of the notice, the Secretary of State or the rivers authority, as the case may be, may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the appropriate company.

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