Avoiding the Tree Removal Mistakes that can be made: How to Know if a Tree is Protected
Trees play an essential contribution to our ecosystem as they provide shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have an additional status of protection, making it illegal to carry out any activity without authorization. If you’re considering having a tree removed it is essential to know the status of protection for the tree in question and what steps you’ll need to take to comply with the legal requirements. In this article, we’ll help you understand the steps to determine if trees are protected and what you will need take to be sure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific laws and regulations It is illegal to do work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that a tree may have - statutory protection and preservation orders.
Legal protection
Under the law trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order 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 issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have exceptional value and are shielded from any work, including felling.
How can I tell if a tree is protected?
To determine whether the tree is protected, you must to check if it is in the process of being subject to a TPO or preservation or protection order. This can be accomplished by contacting your local authority and asking them to check their records.
TPO search
To find the TPO, you can contact an Tree and Woodland officer at your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to advise you on the next steps to do if your tree is in a protected area.
Preservation order search
To search for a preservation order you must contact secretary of state for Environment. They will be able to determine whether the tree is protected 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 the proper permits, you could be facing substantial fines and even imprisonment.
Can I appeal to a TPO and/or preservation order?
Yes, you are able to appeal a TPO or preservation order if it is unjustified. However, you will need to provide evidence to support your claim and explain why you believe that the TPO or order to preserve isn’t necessary.
Can I remove a protected tree?
It is against the law to remove protected trees without the required permissions. If you require the tree to be removed, you will need to seek permission from the council and provide evidence to support your case.
Conclusion
In the end, determining if the tree is protected is a vital step in ensuring that any tree work is legally completed. By understanding the different types of protection and the best way to determine if they are protected to ensure you’re in compliance with the law and safeguarding the trees that you are responsible for. If you’re unsure of the status of protection for a tree, we recommend seeking professional advice from an expert in tree care such as Tree Cutting Brisbane. Our experienced arborists can advise you regarding the status of protection of your trees, and will guide you through the required steps to make sure you’re following the laws. With our experience and dedication to providing high-quality tree services, we can help you maintain the beauty and value for your tree. Contact us today at 1300 725 489 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.