Relevant rail transport operator to whom this section applies may clear trees without obtaining permit
60A Relevant rail transport operator to whom this section applies may clear trees without obtaining permit
This section applies if any tree or wood—
S. 60A(1)(a) amended by No. 22/2013 s. 65(2).
is on land owned or occupied by a relevant rail transport operator; and
S. 60A(1)(b) amended by No. 22/2013 s. 65(2).
is in the vicinity of a railway track operated or maintained by a relevant rail transport operator; and
poses a risk to the safety of anyone on, or using, the railway track.
Example
The following trees pose a risk to the safety of a person using a railway track—
a tree that obstructs a view of a signal box from a portion of the track;
a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve;
a tree whose roots are underneath the track.
S. 60A(2) amended by No. 22/2013 s. 65(2).
A relevant rail transport operator may fell and remove the tree or wood without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987, despite anything to the contrary in or under that Act.
S. 60A(3) def. of relevant rail operator amended as relevant rail transport operator by No. 22/2013 s. 65(3).
In this section—
relevant rail transport operator means a person specified in section 60(6).
S. 61 substituted by No. 98/1998 s. 15.
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