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RAILWAY FIRES ACT 1905 - SECT 2

Powers for extinction and prevention of fire.

2.(1) A railway company may enter on any land and do all things reasonably
necessary for the purpose of extinguishing or arresting the spread of any fire
caused by sparks or cinders emitted from any locomotive engine.

(2) A railway company may, for the purpose of preventing or diminishing the
risk of fire in a plantation, wood, or orchard through sparks or cinders
emitted from any locomotive engine, enter upon any part of the plantation,
wood, or orchard, or on any land adjoining thereto, and cut down and clear
away any undergrowth, and take any other precautions reasonably necessary for
the purpose; but they shall not, without the consent of the owner of the
plantation, wood, or orchard, cut down or injure any trees, bushes, or shrubs.

(3) A railway company exercising powers under this section shall pay full
compensation to any person injuriously affected by the exercise of those
powers, including compensation in respect of loss of amenity, and any
compensation so payable shall, in case of difference, be determined in.
Ireland by two justices in manner provided by section twenty-four of the
Lands Clauses Consolidation Act, 1845, ....

S.3 rep. by 1923 c.27 s.3


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© 1905 Crown Copyright

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