TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 5 Lopping of trees which obstruct a telegraphic line on a street or road.

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TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 5

Lopping of trees which obstruct a telegraphic line on a street or road.

5.(1) Where any tree overhangs any street or public road and obstructs or
interferes with the working of any telegraphic line constructed along that
street or road or will obstruct or interfere with the working of any
telegraphic line about to be so constructed, the [Post Office] may give notice
to the owner and to the occupier of the land on which the tree is growing,
requiring the tree to be lopped so as to prevent the obstruction or
interference.

(2) If within one month from the service of notice by the [Post Office] the
owner or the occupier of the land on which the tree is growing gives a
counter-notice to the [Post Office] objecting to the lopping of the tree, a
difference shall be deemed to have arisen between the [Post Office] and that
owner or occupier, and sections four and five of the Telegraph Act, 1878,
shall apply accordingly as if it were a difference under that Act.

(3) If on the expiration of one month after notice is given by the [Post
Office] under this section, neither the owner nor the occupier has complied
with the notice, or given a counter-notice under this section, or if the
authority determining a difference under this section make an order in that
behalf, the [Post Office] may [itself] cause the tree to be lopped, and
section seven of the Telegraph Act, 1863 (which relates to compensation),
shall apply to the exercise of that power by the [Post Office].

(4) The [Post Office] shall issue instructions to [its] officers with a view
to ensuring that trees shall be lopped in a husbandlike manner and so as to
avoid injury to their growth.

S.6 rep. by 1949 c.11 s.8 sch. S.7 rep. by 1969 c.48 s.137 sch.8 Pt.I

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Northern Irish Legislation

TELEGRAPH (CONSTRUCTION) ACT 1908 - SECT 5