S.L. 549.123 Art. 10Removal Orders.

(1) The competent authority may, within such time as it determines, order any owner or occupier of a site in which any tree listed in the Second Schedule is sited to remove, uproot, kill or destroy any such tree, where such removal would, in the authority’s opinion, constitute an environmental improvement.

(2) The Authority may request or issue a works method statement to ensure that an order issued under sub-regulation (1) is executed with minimal damage to biodiversity, to any building or structure worthy of retention or to the surrounding environment.

(3) The Authority may implement the required intervention, in part or in full, as it deems most appropriate, at the expense of the person who fails to comply with an order issued under sub-regulation (1).

(4) If the owner or occupier of the site where such tree is located is unknown, the Authority may publish the order in the Gazette and may implement the required intervention at its own expense after ninety (90) days from the publication of the order, without prejudice to its right to reclaim any expenses due in terms of sub-regulation (3) once such person is identified:

Provided that, in instances which require immediate action, the Authority may implement the required intervention, in part or in full as it deems most appropriate, without prejudice to its right to reclaim any expenses incurred once such person is identified.