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The Sealink, (Transfer of Newhaven Harbour) Harbour Revision Order 1991

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Tidal works not to be executed without approval of Secretary of State

12.—(1) A tidal work shall not be constructed, extended, enlarged, altered, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.

(2) If a tidal work shall not be constructed, extended, enlarged, altered, replaced or relaid in contravention of this article or of any condition or restriction imposed under it—

(a)the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part thereof and restore the site to its former condition; and if, at the end of 30 days from the date when the notice is served upon the Company it has failed to comply with the the requirements of the notice, the Secretary of State may execute the works specified in the notice, or

(b)if it appears to the Secretary of State urgently necessary to do so, he may remove the tidal work, or part of it, and restore the site to its former condition;

and any expenditure so incurred by the Secretary of State shall be recoverable fron the Company.

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