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The Boston Barrier Order 2017
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Abatement of works abandoned or decayedE+W
28.—(1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or the Harbour Authority may by notice in writing require the Agency 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 to its former condition, to such an extent and within such limits as the Secretary of State and the Harbour Authority or (failing agreement between them) the Secretary of State thinks fit.
(2) Where—
(a)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
(b)that part of the work on or over land above the level of high water is in such a 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 the Harbour Authority may include that part of the work, or any portion of it, in any notice under paragraph (1).
(3) If, on the expiration of a period of 30 days from the date on which a notice under this article is served, the Agency has failed to comply with the requirements of the notice, the Secretary of State or the Harbour Authority may execute the work specified in the notice and any expenditure reasonably incurred by the Secretary of State or the Harbour Authority in so doing is recoverable from the Agency.
Commencement Information
I1Art. 28 in force at 2.1.2018, see art. 1
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