The Importance of Proper Tree Identification: How to Know whether a Tree is protected
Trees play a crucial part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However they are not all identical and some are granted an additional status of protection, making it illegal to do any activity without authorization. If you’re considering having a tree removed it is essential to know the status of protection for the tree being considered and the steps you need to take to comply with the laws. In this article, we’ll guide you through the process of determining whether a tree is safe and exactly what steps you will need be doing to make sure that you are following the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal restrictions, and it’s illegal to carry out work on a protected tree without having the appropriate permissions. There are two types of protection a tree may have - preservation and protection orders that are statutory.
Legal protection
In the context of legal protection, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees with a significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from all work, which includes felling.
What can I do to determine whether a tree is safe?
To determine whether a tree is protected, you need to determine if the tree is subject to the protection of a TPO or preservation orders. This can be done by contacting your municipal authority, and asking them to look up their archives.
TPO search
To search for an TPO to locate one, contact the Tree or Woodland Official of your local authority, who will be able to tell you if the tree is protected. They will also be able to guide you on the next steps you should follow if the tree is protected.
Preservation order search
If you are looking for a preservation order you will need to contact the Secretary of State for the Environment. They will inform you whether the tree is in the protected zone and will provide the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I contest an TPO or preservation order?
Yes, you are able to appeal an appeal of a TPO or preservation decision if it’s not justifiable. But, you’ll need be able to present evidence to back your case and show your argument as to why the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is illegal to remove trees that are protected without the necessary permissions. If you need removal of the tree it is necessary to seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether a tree is protected is a crucial step in ensuring that any tree work is legally completed. By understanding the different types of protection and the best way to check for them, you can ensure that you’re in compliance with the law and safeguarding the trees you care for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest consulting an experienced tree expert such as Eastern Suburbs Tree Removal. Our team of experienced arborists will be able to advise you about the protection status of your trees and guide you through the required steps to make sure you’re acting within the law. With our knowledge and dedication to providing top-quality tree care we will help you keep the beauty and worth that your trees have. Contact us today by phone at 1300 636 143 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.