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31.—(1) The undertaker may lop any tree within or overhanging land within the Order limits that is subject to a tree preservation order made after 3rd November 2014.
(2) In carrying out any activity authorised by paragraph (1)—
(a)the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and
(b)the duty contained in section 206(1) of the 1990 Act (replacement of trees) does not apply.
(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
(4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.
Commencement Information
I1Art. 31 in force at 7.9.2016, see art. 1(2)
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