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The Maryport Harbour Revision Order 2007

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Tidal works not to be executed without approval of the Secretary of State

39.—(1) A tidal work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2) If a tidal work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article—

(a)the Secretary of State may by notice in writing require the Authority at their own expense to remove the tidal work or any part of it and restore its site to its former condition; and if on the expiration of a period of 30 days beginning with the date on which the notice is served upon the Authority they shall have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice, or

(b)if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition,

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Authority.

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