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The Roads (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

Removal of fallen structures, trees, etc.

48.—(1) Where from any cause—

(a)any wall, fence or other structure (whether of the same kind as those mentioned or not) erected on land adjoining a road; or

(b)any tree, or branch or bough of a tree, growing on land adjoining a road or in a road,

falls upon or across the road so as to cause danger or obstruction to persons or vehicles using the road, the Department may, without giving notice to the owner or occupier of the land or to any other person, effect the removal of that structure, tree, branch or bough.

(2) Anything removed from a road by the Department under paragraph (1) may be replaced by it upon the land on which it was erected or grew.

(3) Where the Department exercises its powers under paragraph (1), it may recover from the owner or occupier of the land any expenses thereby reasonably incurred by it.

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