The Boston Barrier Order 2017

PART 3 PROVISIONS RELATING TO TIDAL WORKS

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

25.—(1) Unless its construction has commenced within 5 years of the coming into force of this Order, a tidal work must not be constructed, altered or replaced except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2) If a tidal work is constructed, altered, replaced or re-laid in contravention of this article or of any condition or restriction imposed under this article—

(a) the Secretary of State may by notice in writing require the Agency at its own expense to remove the tidal work or any part of it and restore the site to its former condition; and if, on the expiration of a period of 30 days from the date on which the notice is served, it has failed to comply with 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 so to do, the Secretary of State may remove the tidal work, or part of it, and restore the site to its former condition,

and any expenditure reasonably incurred by the Secretary of State in so doing is recoverable from the Agency.

Lights on tidal works during construction

26.—(1) The Agency must, at or near a tidal work during the whole time of its construction, alteration or replacement, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State and the Harbour Authority or (failing agreement between them) the Secretary of State may from time to time direct.

(2) If the Agency fails to comply with any requirement of a direction reasonably given under paragraph (1), it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Provisions against danger to navigation

27.—(1) In the case of injury to, or destruction or decay of, a tidal work or any part of it the Agency must as soon as reasonably practicable notify Trinity House and the Harbour Authority and lay down such buoys, exhibit such lights, if any, and take such other steps, if any, for preventing danger to navigation as Trinity House and the Harbour Authority or (failing agreement between them) Trinity House may from time to time direct.

(2) If the Agency fails to notify Trinity House and the Harbour Authority as required by paragraph (1) or to comply with any requirement of a direction under it, the Agency is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Abatement of works abandoned or decayed

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.

Survey of tidal works

29.  If the Secretary of State or the Harbour Authority deems it expedient, the Secretary of State or the Harbour Authority may at any time order a survey and examination of a tidal work or of the site upon which it is proposed to construct the tidal work, and any expenditure reasonably incurred by the Secretary of State or the Harbour Authority in relation to any such survey and examination is recoverable from the Agency.

Permanent lights on tidal works

30.—(1) After the completion of a tidal work the Agency must at its outer extremity exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House and the Harbour Authority or (failing agreement between them) Trinity House may from time to time direct.

(2) If the Agency fails to comply in any respect with a direction reasonably given under this article, it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.