Protecting Trees: A Guide to Understanding the status of protected trees
Trees play an essential role in our environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to do any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree being considered, and the steps you need to take to comply with the law. In this article, we will help you understand the process of discovering whether trees are protected and what you need take to be sure that you are acting within the law.
What is a protected tree?
A protected tree is one that is subject to specific legal restrictions, and it’s illegal to work on such a tree without having the appropriate permissions. There are two types of protection that a tree could be protected by - preservation orders and protection orders.
Protection under the law
In the context of legal protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are put in place by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes the felling.
How do I know when a tree is in danger?
To determine whether trees are protected, you will need to verify if it’s under a TPO or preservation order. This can be accomplished by contacting the authorities in your area and asking them check for records.
TPO search
If you want to find the TPO to locate one, contact the Tree and Woodland Officer of your local authority. They will be able to tell you if the tree is protected. They will also be able advise you on the next steps to take if the tree is protected.
Preservation order search
In order to search for a preservation order you must contact the Secretary of State for the Environment. They can determine if the tree is protected and will provide the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you carry out work on a tree that is protected without the appropriate authorizations, you could be subject to massive fines or even prison.
Can I contest a TPO or preservation order?
Yes, you are able to appeal an appeal of a TPO or preservation or TPO if it’s not justifiable. But, you’ll need be able to present evidence to back your case and show that it is not necessary to appeal the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without the required permissions. If you want the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In the end, determining if a tree is protected is a crucial aspect in ensuring that tree work is legally completed. If you know the various types of protection and how to determine if they are protected, you can ensure that you are acting within the law and safeguarding the trees you care for. If you’re not sure about the status of protection for a tree, we recommend consulting an expert in tree care, such as Sydney Tree Lopping Services. Our arborists are experienced and will be able to advise you regarding the status of protection of your trees and walk you through the steps to ensure you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care we will help you maintain the beauty and worth of your trees. Contact us now at 1300 291 794 to schedule a consultation, and let us help you ensure that your trees are protected and healthy.