Article 9 Abatement of works abandoned or decayed

Where a tidal work is abandoned or suffered to fall into decay, the Minister may by notice in writing require the Commissioners 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 Minister thinks proper.

Where a work 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 Minister may include that part of the work, or any portion thereof, in any notice under this article.

If, on the expiration of 30 days from the date when a notice under this article is served upon the Commissioners they have failed to comply with the requirements of the notice, the Minister may execute the work specified in the notice and any expenditure incurred by the Minister in so doing shall be recoverable from the Commissioners.