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Airdrie-Bathgate Railway and Linked Improvements Act 2007

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This is the original version (as it was originally enacted).

38Power to fell, etc. trees or shrubs

(1)The authorised undertaker may fell, or lop or cut back the roots of, any tree or shrub near any part of the authorised works (or land proposed to be used for the authorised works), if it reasonably believes such action to be necessary in order to prevent the tree or shrub—

(a)from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used for the purposes of the authorised works; or

(b)from constituting a danger to persons using the authorised works.

(2)In exercising the powers conferred by subsection (1), the authorised undertaker shall not do any unnecessary damage to any tree or shrub.

(3)Any person who suffers loss or damage arising from the exercise of the powers conferred by this section shall be entitled to compensation.

(4)Any dispute as to a person’s entitlement to compensation under subsection (3), or as to the amount of compensation, shall be determined under the 1963 Act.

(5)The following, namely—

(a)an order under section 160(1) of the 1997 Act (tree preservation orders); and

(b)section 172(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),

shall not apply to any exercise of the powers conferred by subsection (1).

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