Opinion Number. 58

Subject

TELEGRAPHIC AND TELEPHONIC SERVICES
WHETHER POSTMASTER-GENERAL HAS POWER TO LOP TREES ON STATE RAILWAY PROPERTY

Author
Key Legislation

POST AND TELEGRAPH ACT 1901, s. 87

Date
Client
The Postmaster-General

The Postmaster-General asks to be advised whether section 87 of the Post and Telegraph Act applies to trees growing on the railway property of a State.

Section 87 provides that such trees or underwood as in the opinion of the Postmaster-General or other authorised officer are likely to interfere with the proper working of any telegraph line, 'if growing upon Crown lands or upon any road street or highway', may after notice to the local or other authority having the care or management thereof be cut down or lopped as may be deemed necessary by the Postmaster-General or the officer after consultation with such authority.

In my opinion the Postmaster-General has power under this provision to lop trees growing upon State railway property.

[Vol. 1, p. 418]