Paragraph 15 Protective actionI1
England and Wales
If any tidal work is constructed or carried out—
otherwise than in accordance with the requirements of this Part of this Schedule or with any condition in an approval given pursuant to paragraph 5; or
during construction is found (when measured against any of the surveys carried out under paragraph 13(1)(a) and (b)) to give rise to sedimentation or scouring that is detrimental to traffic in, or the flow or regime of, the river,
then the Authority may by notice in writing require the undertaker at its own expense to comply with the remedial requirements specified in the notice.
The requirements that may be specified in a notice given under paragraph 15(1) are—
in the case of a tidal work to which paragraph 15(1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—
this Part of this Schedule; or
the condition that has been breached; or
in any case within paragraph 15(1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation or scouring, so far as required by the needs of traffic in, or the flow or regime of, the river.
If the undertaker does not comply with a notice under paragraph 15(1), or is unable to do so then the Authority may in writing require the undertaker to—–
remove, or alter the tidal work, and where the tidal work is removed to restore the site of that work (to such extent as the Authority reasonably requires) to its former condition; or
take such other action as the Authority may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.
If—
the undertaker becomes aware that a tidal work is giving rise to environmental impacts over and above those reported in the environmental statement; or
the Authority becomes aware that any tidal work is causing an environmental impact over and above those anticipated by the environmental statement and the Authority notifies the undertaker of that environmental impact, the reasons why the Authority believes that the environmental impact is being caused by a tidal work and of the measures that the Authority reasonably believes are necessary to counter or mitigate that environmental impact,
the undertaker shall implement the measures that the Authority has notified to the undertaker or shall implement such other measures as agreed between the undertaker and the Authority.
Annotations
Commencement
- I1
Sch. 16 Pt. 2 para. 15 in force at 24.9.2014, see art. 1