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The River Humber (The Deep Tidal Stream Generator) Order 2011
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Abatement of works abandoned or decayed
7.—(1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or A. B. Ports may by notice in writing require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Secretary of State or A. B. Ports may specify in the notice.
(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or A. B. Ports may include that part of the work, or any portion of it, in any notice under this article.
(3) This article shall not apply to any decommissioning of the authorised works in accordance with a marine licence granted under Part 4 of the Marine and Coastal Access Act 2009 (1).
(4) If there is any inconsistency between any requirements of the Secretary of State and A. B. Ports under article 7(1) or (2) the requirement of the Secretary of State shall prevail.
(1)
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