The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

Repair of landing places, etc.

9.—(1) The conservancy authority may by written notice given to the owner or occupier of a pier, landing place, embankment, structure or other work which in the opinion of the authority is, or is likely to become, by reason of its insecure condition or want of repair—

(a) dangerous to persons or vessels using the estuary, or

(b) a hindrance to the navigation of the estuary,

require that owner or occupier to remedy its condition to the authority’s satisfaction within such reasonable period of time as is specified in the notice.

(2) If a person to whom notice is given under this article fails without reasonable excuse to comply with the notice within the time stated in it, or such other time as the Secretary of State on an appeal may substitute for it, that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where a person fails to comply with a notice mentioned in paragraph (1), the conservancy authority may carry out the works it considers necessary to remedy the condition of the pier, landing place, embankment, structure or other work in question and may recover the expenses of doing so from the person on whom the notice was served.

(4) A notice under paragraph (1) must have annexed to it a copy of this article.

(5) A person wishing to dispute a notice served by the conservancy authority under this article may, during the period of 42 days beginning with the date on which the notice was served upon them, appeal to the Secretary of State against the notice.

(6) An appeal under paragraph (5) must be made by notice in writing stating the grounds of the appeal.

(7) A person who appeals under paragraph (5) must provide to the conservancy authority a copy of the notice of the appeal and statement of grounds.

(8) The conservancy authority may, within 21 days following receipt of the notice and statement of grounds in accordance with paragraph (7), provide to the Secretary of State its observations on the appeal.

(9) Where an appeal has been made under paragraph (5), the Secretary of State must either—

(a) quash the notice,

(b) modify its requirements, or

(c) dismiss the appeal.