The River Tyne (Tunnels) Order 2005

Abandonment etc. of structures

4.—(1) Where a tidal work is abandoned, or allowed to fall into decay, the Secretary of State may by notice in writing require the undertaker at its own expense—

(a) to repair and restore the work, or any part of it, or

(b) to remove the work and restore the site to its former condition or so near its former condition as is acceptable to him.

(2) Where—

(a) a work erected under this Order part of which is a tidal work is abandoned or allowed to fall into decay, and

(b) the part of the work on or over land above the level of mean high-water springs is in such a condition as to interfere, or cause reasonable apprehension that it may interfere, with the right of navigation or any public rights over the foreshore,

the Secretary of State may include that part of the work, or any portion of it, in any notice under sub-paragraph (1).

(3) If at the end of the period of 28 days from the date when notice is served on the undertaker under sub-paragraph (1) it has failed to begin taking steps to comply with the requirements of the notice or, after beginning, has failed to make reasonably expeditious progress towards their implementation, the Secretary of State may execute the works specified in the notice.