The Consequences of Removing a Protected Tree and How to Avoid These
Trees play an important role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to carry out any work without permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree you’re considering, and the steps you have to take to ensure compliance with the legal requirements. In this article, we’ll walk you through the steps to determine if the tree is secured and the steps you will need be doing to make sure that you are following the law.
What is a protected tree?
A protected tree can be subject to specific legal restrictions, and it’s illegal to carry out work on such a tree without obtaining the necessary permissions. There are two types of protection that trees might have: preservation and protection orders that are statutory.
Protection under the law
Under the law trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees of significant public value and to ensure that they do not get damaged or destroyed.
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 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 if the tree is protected, you must to check if it is under a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them search their records.
TPO search
To search for the TPO, you can contact an Tree and Woodland Officer of your local authority, who will inform you whether the tree is protected. They’ll also be able to guide you on the next steps to do if your tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you must contact the Secretary of State for the Environment. They can tell you whether the tree is in the protected zone and give you the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you 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 an TPO and/or preservation order?
Yes, you can appeal a TPO or preservation or TPO if you believe 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 needed.
Can I take down a protected tree?
It is against the law to remove a protected tree without obtaining permission from the appropriate authorities. If you want removal of the tree, you will need to request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is a vital step in ensuring that tree work is carried out legally. Understanding the different kinds of protection and the best way to identify them to ensure you’re in compliance with the law and safeguarding the trees you care for. If you’re not sure about the nature of the protection of a tree, we recommend seeking advice from a reputable tree specialist such as Tree Removal Service Brisbane. Our experienced arborists will be able to advise you on the protection status of your trees, and will guide you through the steps to make sure you’re acting within the laws. With our experience and dedication to providing high-quality tree services we will help you maintain the beauty and worth for your tree. Contact us now at 1300 735 217 to schedule a consultation, and let us assist you to keep your trees safe and healthy.
