SCHEDULES
SCHEDULE 15 Protective Provisions
Part V Protection of Port of Sheerness Limited
8
1
If any tidal work is abandoned or falls into decay, the port authority may by notice in writing to the nominated undertaker require it, either to repair and restore the work or any part of it, or (if the nominated undertaker no longer requires the work) to remove the work and restore the site to its former condition to such extent as the port authority reasonably requires.
2
If—
a
a work which consists of a tidal work and non-tidal work is abandoned or falls into decay; and
b
the non-tidal work is in such a condition as to interfere with the right of navigation in the river,
the port authority may include the non-tidal work, or any part of it, in any notice under this paragraph.
3
In sub-paragraph (2) above, references to a non-tidal work are to so much of any work authorised by Part I of this Act as is on or over land above the level of mean high water springs.
4
If after such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been carried out, the port authority may carry out that work and the nominated undertaker shall pay the amount of any expenditure reasonably incurred by the port authority in so carrying it out.