Article 10 Abatement of works abandoned or decayedI1

Where the authorised project or any part of it is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the undertaker at its own expense either to repair and restore the authorised project or any part, or to remove the authorised project and restore the site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

In circumstances where the undertaker is required to remove the authorised project, without prejudice to any obligations on the undertaker deriving from any notice served under section 105(2) of the 2004 Act, the notice may also require the restoration of the site of the relevant part of the authorised project to a safe and proper condition within such area and to such an extent as may be specified in the notice.

If the undertaker fails to comply in any respect with a notice served under this article within the period of 30 days beginning with the date of service of the notice, the Secretary of State may take whatever steps the Secretary of State considers appropriate to achieve the result required by the notice; and any expenditure incurred by the Secretary of State in doing so shall be recoverable from the undertaker.