The Clocaenog Forest Wind Farm Order 2014
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Change 1
28 Felling or lopping of trees
(1) The undertaker may fell or lop any tree or shrub within or encroaching upon the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub— (a) from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project; or (b) from constituting a danger to persons using the authorised project. (2) In carrying out any activity authorised by paragraph (1), the undertaker may do no unnecessary damage to any tree or shrub and shall 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 paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act. (4) The exercise of any power under paragraph (1) may be exercised only with the consent of the owner of the land concerned.
28 Felling or lopping of trees
(1) The undertaker may fell or lop any tree or shrub within or encroaching upon the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub— (a) from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project; or (b) from constituting a danger to persons using the authorised project. (2) In carrying out any activity authorised by paragraph (1), the undertaker may do no unnecessary damage to any tree or shrub and shall 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 paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act. (4) The exercise of any power under paragraph (1) may be exercised only with the consent of the owner of the land concerned.
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