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Dáil Éireann debate -
Tuesday, 9 Oct 2001

Vol. 541 No. 4

Written Answers. - Proposed Legislation.

Jack Wall

Question:

346 Mr. Wall asked the Minister for the Environment and Local Government the legislation he has planned to ensure that dangerous objects such as overhanging trees, rocks and roadside growth are removed from all roads; and if he will make a statement on the matter. [23124/01]

Statutory provisions governing roadside trees and other potentially dangerous objects 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 on their lands are not, or could not, become a danger to road users.

If 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 may 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 may act at once, without serving a notice, to remove or reduce the danger. I am satisfied that these powers, together with the general powers vested in local authorities to maintain roads, are adequate to deal with potential hazards such as mentioned in the question.

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