Avoiding Tree Removal Errors: How to Know whether 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 there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you need to follow to be in compliance with the legal requirements. This article we will guide you through the process of determining whether a tree is secured and the steps you need take to be sure that you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal restrictions and it is unlawful to do work on a protected tree without having the appropriate permissions. There are two types of protection that a tree could be protected by - preservation and protection orders that are statutory.
Protection under the law
Under legal protection, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant value to the public and to ensure that 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. Preservation orders for trees are considered to be of exceptional value and are protected from all work, which includes cutting down.
How do I know whether a tree is safe?
To determine if a tree is protected, you need to verify if it’s in the process of being subject to an TPO or preservation or protection order. This can be accomplished by contacting your authorities in your area and asking them check for records.
TPO search
If you want to find an TPO to locate one, contact your local Tree or Woodland Official from the local authority. They can inform you if the tree is protected. They will also be able to guide you on the next steps to follow if the tree is protected.
Preservation order search
To search for a preservation order you will need to contact secretary of state for Environment. They can inform you if the tree is protected and give you the required information and guidelines.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a protected tree without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I contest a TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation order if it is unjustified. But, you’ll need be able to present evidence to back your argument and demonstrate your argument as to why the TPO or the preservation decision is not necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down a protected tree without obtaining the necessary permissions. If you need removal of the tree it is necessary to apply for permission and provide evidence to support your case.
Conclusion
In the end, determining if the tree is protected is a vital step in ensuring that tree work is legally completed. If you know the various types of protection, and knowing how to determine if they are protected, you can ensure that you’re following the law and safeguarding the trees that you are responsible for. If you’re not sure about the nature of the protection of trees, we suggest consulting an expert in tree care, such as Eastern Suburbs Tree Removal. Our arborists are experienced and can advise you on the protection status of your trees and guide you through the necessary steps to make sure you’re following the law. With our expertise and commitment to providing top-quality tree care we will help you maintain the beauty and worth of your trees. Contact us today by phone at 1300 636 143 to schedule a consultation and let us help you keep your trees safe and healthy.