Railways Act 1905 · 2020 Revised Edition · Part 2 · Construction and Works
20. Notice to be given by owner or occupier of land felling or clearing any trees or jungle adjacent to railway
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In the event of the owner or the occupier of any land felling or clearing any trees or jungle adjacent to the railway or to any telegraphs or telephones erected thereon, the owner or occupier shall give to the railway administration 7 days’ previous notice in writing of his intention to do so and shall take all such reasonable precautions as the railway administration requires for the protection of the railway or of any telegraphs or telephones erected thereon.
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;
In the event of any such owner or occupier causing damage to the railway or to any telegraphs or telephones erected thereon, the amount of any such damage shall, in default of agreement, be recoverable in a summary manner before a Magistrate’s Court.
If any such claim exceeds $500 proceedings shall be taken before the General Division of the High Court.