ABSTRACT

This chapter considers the ability of an operator to remove overhanging trees or vegetation which obstruct or interfere with the working of relevant electric communications apparatus. There is no definition of 'tree' or of 'vegetation'. It probably matters little as to what can be said to be a tree, or a hedge or a bush, given the extension of the New Code to 'vegetation'. A sapling of whatever size has been held to be a tree for the purposes of tree preservation regulations. If an operator is of the view that the overhanging tree or other vegetation is obstructing or interfering with or will obstruct or interfere with relevant electronic communications apparatus, the operator may serve a notice to the occupier of the land on which the tree vegetation is growing, requiring the tree to be lopped or the vegetation to be cut back to prevent the obstruction or interference.