OpenLegislation

Paragraph 2

(1)

Where a tidal structure is abandoned, or allowed to fall into decay, the Secretary of State may by notice in writing require the Development Corporation at their own expense—

(a)

to repair and restore the structure, or any part of it, or

(b)

to remove the structure and restore the site to its former condition or so near its former condition as is acceptable to him.

(2)

Where—

(a)

a structure erected under this Act part of which is a tidal structure is abandoned or allowed to fall into decay, and

(b)

the part of the structure on or over land above the level of mean high-water springs is in such a condition as—

(i)

to interfere, or cause reasonable apprehension that it may interfere, with the right of navigation or any public rights over the foreshore, or

(ii)

to be detrimental, or cause reasonable apprehension that it may be detrimental, to the quality of water in the inland bay,

the Secretary of State may include that part of the structure, or any portion of it, in any notice under sub-paragraph (1) above.

(3)

If at the end of the period of twenty-eight days from the date when notice is served on the Development Corporation under sub-paragraph (1) above they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice.