Transport (Railway Infrastructure) Act, 2001
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Lopping of trees. |
49.—(1) The Agency, CIÉ, or a railway undertaking may lop, remove or cut any tree, shrub or hedge which obstructs or interferes with— | |
(a) surveys or inspections under section 36 , | ||
(b) railway works authorised by a railway order, | ||
(c) the maintenance, operation or improvement of railway works or cables or other railway apparatus, | ||
(d) the operation of a railway, | ||
(e) the laying and erection of electric wires, or | ||
(f) the safe passage of the railway vehicles including the safety of any passengers on board such vehicles on a railway line. | ||
(2) Subject to subsection (4), before lopping or cutting any tree, shrub or hedge under this section, the Agency, CIÉ, or railway undertaking shall serve on the owner or occupier of the land or, in the case of a public road, on the road authority charged with the maintenance of such road on which such tree, shrub or hedge is standing, notice in writing of its intention to do so and, after the expiration of 28 days from the date of such service, the Agency, CIÉ, or railway undertaking, may lop or cut any tree, shrub or hedge if the owner or occupier has not already done so. | ||
(3) Where an occupier or owner of land cuts or lops any tree, shrub or hedge under this section, the expense incurred by him or her in so doing shall be paid to him or her on demand by the Agency, CIÉ, or railway undertaking, and the amount of such expenses shall be recoverable from the Agency, CIÉ, or railway undertaking, in default of agreement, as a simple contract debt in any court of competent jurisdiction. | ||
(4) If a railway undertaking, for reasons of safety, needs to fell or lop any tree, shrub or hedge, the conditions in subsections (2) do not apply. | ||
(5) Where a railway undertaking fells or lops any tree, shrub or hedge under subsection (4), it shall give written notice to the owner or occupier of the land concerned informing them of such felling or lopping and the reasons for so doing. | ||
(6) The requirement for a tree felling licence under section 37 of the Forestry Act, 1946 , does not apply to the Agency, CIÉ, or railway undertaking for the purposes of a railway development under this Part. |