Section 19: Power to lop trees and hedges

19. Power to lop trees and hedges (1) Where any tree or hedge obstructs or interferes with the construction, maintenance or working of any main transmission line, or other electric line [Issue 6] E3 – 8 Revised Laws of Mauritius which is being constructed or is owned by any undertaker, or will interfere with the maintenance or working of such line, the undertaker may give notice to the owner or occupier of the land on which the tree or hedge is growing, requiring him to lop or cut it so as to prevent the obstruction or interference. (2) Where, under subsection (1), a notice is served on a person who, although the occupier of the land on which the tree or hedge is growing, is not the owner, a copy of the notice shall also be served on the owner if known. (3) Where, within 7 days from the giving of notice under subsection (1), the notice is not complied with and the owner or the occupier of the land does not give a counter notice under subsection (4), the undertaker may cause the tree or hedge to be lopped or cut so as to prevent obstruction or interference. (4) Where, within 7 days from the giving of notice under subsection (1), the owner or occupier of the land on which the tree or hedge is growing gives a counter notice to the undertaker objecting to the notice, the matter shall, unless the counter notice is withdrawn, be referred to the Board which, after giving the parties an opportunity of being heard, may make such order as it may determine, and any such order may empower the undertaker, after giving such reasonable previous notice to any person by whom such counter notice was given of the commencement of the work as the order may direct, to cause the tree or hedge to be lopped or cut so as to prevent obstruction or interference. (5) An undertaker shall issue instructions to his or its officers and servants with a view to securing that trees and hedges shall be lopped or cut in a woodmanlike manner and to do as little damage as possible to trees, fences, hedges and growing crops, and shall cause the boughs lopped to be removed in accordance with the directions of the owner or occupier, and shall make good any damage done to the land. (6) Where, for the purpose of the construction or maintenance of any main transmission line or other electric line, it is necessary to fell any tree, this section shall apply to the felling of trees in like manner as it applies to the lopping of trees.