34.—(1) Where the authorised development constructed seaward of MHWS or any part of it is abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, by notice in writing require the undertaker at its own expense—
(a)to repair and restore the authorised development or any part of it;
(b)to remove the authorised development or any part of it; and
(c)to restore the site to a safe and appropriate condition within an area and to such an extent as may be specified in the notice.
(2) If the undertaker fails to comply in any respect with a notice served under this article within the period of 30 days beginning with the date of service of the notice—
(a)the Secretary of State may take whatever steps the Secretary of State considers appropriate to achieve the result required by the notice;
(b)any expenditure incurred by the Secretary of State in doing so is recoverable from the undertaker.
(3) Nothing in this article limits the Secretary of State’s powers under Chapter 3 of Part 2 of the 2004 Act (decommissioning of offshore installations).
Commencement Information
I1Art. 34 in force at 7.9.2016, see art. 1(2)