A Beginner's Guide to Understanding Protected Trees

Posted by Tree Cutting Brisbane on 6 Apr 2025

Trees play an essential role in our environment, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to carry out any work without permission. If you are considering having a tree removed, it’s essential to understand the protection status of the tree you’re considering and the steps you have to take to ensure compliance with the laws. This article we will help you understand the process of discovering whether the tree is safe and exactly what steps you will need be doing to make sure that you are following the law.

What exactly is a tree that is protected?

A protected tree is one that has been subjected to certain legal controls It is illegal to carry out work on a protected tree without having the appropriate permissions. There are two types of protection that trees may have - preservation orders and protection orders.

Protection under the law

Under statutory protection trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant value to the public and to ensure that they are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from all work, which includes cutting down.

How can I tell if a tree is protected?

To determine if a tree is protected, you must to check if it is subject to the protection of a TPO or preservation orders. This can be done by contacting the local authority and asking them to check their archives.

To search for a TPO to locate one, contact the Tree and Woodland Officer of your local authority. They will be able to tell you whether the tree is in the protection. They’ll also be able to guide you on the next steps you should follow if the tree is in a protected area.

In order to search for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They will be able to determine whether the tree is protected and will provide the required information and guidelines.

FAQs:

What happens if I carry out work on a protected tree without permission?

If you work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.

Can I appeal to a TPO and/or preservation order?

Yes, you can appeal to a TPO or preservation decision if it’s not justifiable. You will have be able to present evidence to back your case and show that you believe that the TPO or preservation order is not necessary.

Can I remove a protected tree?

It is illegal to remove protected trees without the necessary permissions. If you require removal of the tree it is necessary to request permission and submit the evidence needed to prove your case.

Conclusion

In the end, determining if the tree is protected is a vital aspect in ensuring that any tree work carried out legally. By understanding the different types of protection, and knowing how to check for them, you can ensure that you are acting within the law and protecting the trees that you are responsible for. If you’re unsure of the nature of the protection of trees, we suggest consulting an expert in tree care, such as Tree Cutting Brisbane. Our experienced arborists can advise you on the protection status of your trees and walk you through the required steps to make sure you’re acting within the laws. With our experience and dedication to providing top-quality tree care, we can help you preserve the beauty and worth of your trees. Contact us today by phone at 1300 725 489 to schedule a consultation, and let us assist you to keep your trees safe and healthy.

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