Air Navigation and Transport (Amendment) Act, 1998
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Lopping, cutting or removal of certain trees, etc. |
46.—(1) Notwithstanding anything contained in the Forestry Acts, 1946 to 1988, the company may lop, cut or remove, or cause to be lopped, cut or removed, any tree, bush, shrub, hedge, plant or other matter growing naturally or with artificial assistance on land in the vicinity of a State airport which, in the opinion of the company, interferes with the operation and development of that airport, or which, following consultation with the Authority, the company considers obstructs or otherwise interferes with the safety or navigation of aircraft using such airport. | |
(2) The company shall not lop, cut or remove, or cause to be lopped, cut or removed, any tree which is the subject of a tree preservation order within the meaning of the Local Government (Planning and Development) Act, 1963 , without first consulting the planning authority for the purposes of that Act in whose functional area the tree is situate. | ||
(3) (a) Before exercising a power under subsection (1), the company shall give to the occupier of the land concerned notice in writing of its intention to so do after the expiration of a period, being a period of not less than twenty-one days, specified in the notice, and in case an occupier of land receives a notice under this section and apart from this subsection would not be entitled to carry out the lopping, cutting or removal referred to in the notice, the occupier may, if he or she so wishes, by virtue of having received the notice, himself or herself carry out or cause to be carried out such lopping, cutting or removal: | ||
Provided that before the expiration of the period specified in the notice, he or she informs the company in writing of his or her intention to so do. | ||
(b) Where an occupier of land to whom a notice under this section is given carries out, or causes to be carried out, whether or not by virtue of the power conferred on him or her in that behalf by paragraph (a), the lopping, cutting or removal referred to in the notice, the reasonable expenses thereby incurred by the occupier shall be paid to the occupier by the company on demand by the occupier. | ||
(4) Where a notice is given under this section, a person appointed in writing by the company to be an authorised person for the purposes of this section and any person acting under that person's direction may, for the purpose of or in connection with carrying out the lopping, cutting or removal specified in the notice, at any reasonable time after the expiration of the period specified in the notice, enter (with or without vehicles) the land to which the notice relates or any other land and, in addition to carrying out such lopping, cutting or removal do thereon all things ancillary to or reasonably necessary for the aforesaid purpose. |