Defence (Amendment) Act 1987

Lopping, cutting or removal of certain trees, etc.

7

7. (1) The Minister may lop, cut or remove, or cause to be lopped, cut or removed, any tree, shrub, hedge or other plant on land in the vicinity of an aerodrome vested in or occupied by him which, in his opinion, obstructs or otherwise interferes with the navigation of aircraft using the aerodrome.

(2) ( a) Before exercising a power under subsection (1) of this section, the Minister shall give to the occupier of the land concerned notice in writing of his 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, he may, if he so wishes, by virtue of having received the notice, himself 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 informs the Minister in writing of his intention so to 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 in that behalf by paragraph (a) of this subsection, the lopping, cutting or removal referred to in the notice, the reasonable expenses thereby incurred by him shall be paid to him on demand by the Minister.

(3) Where a notice is given under this section, a person appointed in writing by the Minister to be an authorised person for the purposes of this section and any persons 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.

(4) Any person who obstructs or impedes a person in the exercise of a power conferred on him by subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.