Paragraph 16

Subject to sub-paragraph (2), the Authority shall from the commencement of the construction of the specified works and except to the extent that any approval given by the Agency under this Schedule permits otherwise, maintain in good repair and condition and free from obstruction any drainage work which is situated on land owned by the Authority or which it has control of or is in occupation of for the purposes of or in connection with the construction of the specified works, whether or not the drainage work is constructed under the powers of the Order or is already in existence.

The obligation imposed on the Authority under sub-paragraph (1) does not apply where the Agency or another person is liable to maintain any such work and is not precluded by the exercise of the powers of the Order from doing so.

If any such work which the Authority is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the Authority at the Authority’s own expense to repair and restore the work, or any part thereof, or (if the Authority so elects and the Agency consents, such consent not to be unreasonably withheld) to remove the work and restore the site (including any sea defences) to its former condition, to such an extent and within such limits as the Agency reasonably requires.

If, on the expiration of 30 days from the date on which a notice is served upon the Authority it has failed to comply with the requirements of the notice, the Agency may execute the works specified in the notice, and any expenditure incurred by it in so doing shall be recoverable from the Authority.