Statutory provisions governing roadside trees and vegetation are contained in section 70 of the Roads Act, 1993. These provisions oblige landowners and occupiers of land to take all necessary care to ensure that trees, shrubs, hedges or any other vegetation on their land are not, or could not become, a danger to road users.
Where a local authority considers that a hazard exists, it may serve notices on landowners and occupiers of land requiring action to be taken to remove the danger or potential danger. The local authority itself can carry out the works specified in the notice in any case where the person on whom the notice was served fails to comply with it. The authority may also carry out additional works which it considers necessary. Where there is an immediate and serious risk to road users, the local authority can act at once without serving a notice to remove or reduce the danger. In either case, the local authority may recover the cost of the works from the landowner or occupier.
I am satisfied that these powers are properly designed to enable local authorities to take necessary action in relation to roadside obstructions. At the same time, local authorities have been advised that, in the exercise of these powers, they should also be aware of their responsibilities in relation to the environment and the preservation of amenities. Other relevant statutory provisions include the Wildlife Act, 1976, for which the Minister for Arts, Heritage, Gaeltacht and the Islands is responsible.
