Coast Protection Act 1949

36 Enforcement of s. 34

(1) Any person who—

(a) carries out any operation in contravention of the provisions of subsection (1) of section thirty-four of this Act, or

(b) fails to comply with any condition subject to which any consent of the Minister of Transport has been given under that section,

shall be guilty of an offence under this Act.

(2) Without prejudice to any proceedings under the last foregoing subsection, where any person has constructed, altered or improved any works or deposited any object or materials on the seashore in contravention of the said section thirty-four or has failed to comply with any condition subject to which any consent of the Minister of Transport has been given under that section, the said Minister may serve a notice on that person requiring him, within such period (not being less than -thirty days) as may be specified in the notice, to remove the works or to make such alterations therein as may be so specified or to remove the object or materials, as the case may be, or, if it appears to the said Minister urgently necessary so to do, may himself remove or alter the works or remove the object or materials.

(3) K within the period specified in any notice under the last foregoing subsection the person upon whom the notice is served fails to comply therewith, the said Minister may himself remove or alter the works or remove the object or materials as specified in the notice.

(4) Where under either of the two last foregoing subsections the said Minister himself removes or alters any works or removes any object or materials, he shall be entitled to recover the expense thereof, as certified by him, from the person by whom the works were constructed, altered or improved, or the object or materials was or were deposited.

(5) A harbour authority in England or Wales shall have power to enforce the provisions of section thirty-four of this Act.