Section 38 Works below high water mark.C1C2
England and Wales
Any works proposed to be constructed under this Act on, over or under tidal lands below high-water mark of ordinary spring tides shall be constructed only in accordance with such plans and sections and subject to such restrictions and regulations as the Secretary of State approves in writing before they are commenced.
Any alteration or extension of any such works shall be subject to the like approval.
If any such work is commenced or completed contrary to this section, the Secretary of State may abate and remove it and restore its site to its former condition at the cost of the person who commenced or executed it, or (if he is not the owner of the work) of the owner, and the cost shall be summarily recoverable by the Secretary of State.
This section is in addition to and not in derogation of any local Act.
Annotations
Modifications
- C1
S. 38 applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 181(3), 225(2), (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 paras. 1, 2, 4, Sch. 23 para. 6).
- C2
S. 38 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 15(2)