PART 7MISCELLANEOUS AND GENERAL

Felling or lopping of trees and removal of hedgerows

42.—(1) Subject to sub-paragraph 2 and article 43 (trees subject to tree preservation orders) the undertaker may fell or lop or cut back the roots of any tree or shrub within or overhanging land within the Order limits or near any part of the authorised project if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with onshore site preparation works, the construction, maintenance or operation of the authorised project or its decommissioning or any apparatus used in connection with the authorised project.

(2) In carrying out any activity authorised by sub-paragraph (1), the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under sub-paragraph (2), or as to the amount of compensation, must be determined under Part 1(determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purpose of the authorised project—

(a)subject to sub-paragraph (2) above, remove any hedgerows within the Order limits and specified in Schedule 13, Part 1 (removal of hedgerows) that may be required for the purposes of carrying out the authorised project; and

(b)remove the important hedgerows as are within the Order limits and specified in Schedule 13, Part 2 (removal of important hedgerows).

(5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997(1).