21. Removal of trees dangerous to or obstructing the working of a railway

Where in the opinion of the Director General there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) standing on land other than railway land may fall on to a railway, or on the route of any telegraph, telephone, signal, electric light or electric power wire the working of which is wholly or partially controlled by a railway company or may obstruct, interfere with, or cause damage to the construction or proper working of a railway or of any such telegraph, telephone, signal, electric light or electric power wire or to any post, other structure or fitting supporting the same or appurtenant thereto, a railway company may cause the tree to be cut down or dealt with in such other manner as will, in the opinion of the Director General, avert the danger or remove the obstruction, as the case may be.

Where a tree obstructs or interferes with the view of any fixed signal, a railway company may cause the tree to be cut down or dealt with in such other manner as will remove the obstruction or interference, as the case may be.

When the tree referred to in subsections (1) and (2) was in existence before the railway was constructed, or the telegraph, telephone, signal, electric light or electric power wire was laid, or the post, structure or fitting was erected or installed, or the signal was fixed, adequate compensation shall be paid by the railway company to the proprietor or occupier of the land the tree is on.