Avoiding the Tree Removal Mistakes that can be made: How to Know whether a Tree is protected

Posted by Tree Cutting Brisbane on 14 Jul 2024

Trees play a crucial part in the environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to carry out any activity without authorization. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree in question and the steps you need to take to comply with the laws. This article we will help you understand the process of determining whether the tree is secured and the steps you need to do to ensure that you comply with the law.

What exactly is a tree that is protected?

A protected tree is subject to specific laws and regulations and it is unlawful to works on a tree without having the appropriate permissions. There are two types of protection a tree might have: statutory protection and preservation orders.

Protection under the law

In the context of statutory protection trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and ensure 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. The trees that are protected by preservation orders are considered to be of exceptional worth and are therefore protected from all work, which includes cutting down.

How do I know whether a tree is safe?

To determine whether a tree is protected, you need to verify if it’s subject to a TPO or preservation or protection order. It is done by contacting the local authority and asking them to look up their archives.

To find a TPO to locate one, contact an Tree or Woodland Official of the local authority. They will be able to tell you whether the tree is in the protection. They will also be able to advise you about the next steps to take if the tree is in a protected area.

In order to search for a preservation order you will need to contact the Secretary of State for the Environment. They can determine whether the tree is in the protected zone and will provide the required information and guidelines.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you do work on a protected tree without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.

Can I appeal an TPO Or preservation or TPO?

Yes, you can appeal a TPO or preservation order if you believe it is unjustified. You will have be able to present evidence to back your claim and explain that you believe that the TPO or order to preserve is not necessary.

Can I take down a protected tree?

It is against the law to remove a protected tree without obtaining the necessary permissions. If you require the tree to be removed it is necessary to seek permission from the council and provide proof to back your claim.

Conclusion

In conclusion, discovering whether a tree is protected is an essential aspect in ensuring that any tree work is legally completed. By understanding the different types of protection and how to check for them it is possible to be sure that you’re following the law and are protecting the trees you care for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking advice from an experienced tree expert such as Tree Cutting Brisbane. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees and guide you through the required steps to ensure that you are complying with the laws. With our experience and dedication to providing top-quality tree care, we can help you preserve the beauty and value that your trees have. Contact us now by phone at 1300 725 489 to schedule a consultation, and let us help you ensure that your trees are protected and healthy.

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