A Beginning's guide to Understanding Protected Trees
Trees play an important part in the environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to perform any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and what steps you’ll need to take to ensure compliance with the legal requirements. This article we will help you understand the process of discovering whether the tree is secured and the steps you need take to be sure you comply with the law.
What is a protected tree?
A protected tree has been subjected to certain legal controls and it is unlawful to carry out work on such a tree without the required permissions. There are two types of protection a tree may have - preservation orders and protection orders.
Legal protection
As a matter of statutory protection, trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are put in place from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from all work, which includes felling.
How can I tell when a tree is in danger?
To determine whether the tree is protected, you need to check if it is subject to an TPO or preservation or protection order. It is done by contacting the authorities in your area and asking them search their records.
TPO search
If you want to find the TPO You can reach an Tree and Woodland Officer from your local authority. They can inform you if the tree is protected. They’ll also be able to guide you about the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation permit, you must contact the Secretary of State for the Environment. They can determine whether the tree is protected and will provide the information you require and direction.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a tree that is protected without obtaining the necessary authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal to a TPO or preservation order?
Yes, you can appeal a TPO or preservation or TPO if you feel it is unjustified. However, you will need be able to present evidence to back your argument and demonstrate why the TPO or preservation order isn’t necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove protected trees without the required permissions. If you need removal of the tree it is necessary to apply for permission and provide the evidence needed to prove your case.
Conclusion
In the end, determining if trees are protected is an essential aspect in ensuring that any tree work carried out legally. If you know the various types of protection and how to identify them, you can ensure that you’re in compliance with the law and protecting the trees in your care. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest consulting a reputable tree specialist like Tree Removal Service Brisbane. Our arborists are experienced and will be able to inform you on the protection status of your trees and walk you through the steps to ensure that you are complying with the legal guidelines. With our expertise and commitment to providing high-quality tree services we will help you maintain the beauty and worth of your trees. Contact us today at 1300 735 217 to schedule a consultation and let us assist you to keep your trees safe and healthy.