How do you determine whether a Tree is protected before removing it

Posted by Eastern Suburbs Tree Removal on 7 Nov 2024

Trees play an important part in the environment by providing shade, fresh air and aesthetic value our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to do any work without permission. If you are considering having a tree removed it is essential to know the protection status of the tree you’re considering and the steps you need to take to ensure compliance with the law. In this article, we’ll guide you through the process of determining whether trees are secured and the steps you will need to do to ensure that you comply with the law.

What is a protected tree?

A protected tree is one that has been subjected to certain laws and regulations, and it’s illegal to carry out work on a protected tree without the required permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.

Protection under the law

In the context of statutory protection, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant public value and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from any kind of work, including cutting down.

What can I do to determine when a tree is in danger?

To determine whether a tree is protected, you must to verify if it’s under an TPO or preservation or protection order. This can be accomplished by contacting the municipal authority, and asking them to look up their archives.

To find a TPO, you can contact an Tree or Woodland Official at your local authority. They will inform you whether the tree is in the protection. They’ll also be able advise you on the next steps you should follow if the tree is in a protected area.

If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They will inform you whether the tree is in the protected zone and give you the required information and guidelines.

FAQs:

What happens if I conduct work on a protected tree without permission?

If you carry out work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.

Can I appeal to a TPO or preservation order?

Yes, you can appeal to a TPO or preservation or TPO if you feel it is unjustified. You will have to prove your case and show that it is not necessary to appeal the TPO or order to preserve isn’t needed.

Can I cut down a tree that is protected tree?

It is illegal to remove a protected tree without obtaining the required permissions. If you need the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.

Conclusion

In the end, determining if trees are protected is a crucial aspect in ensuring that tree work is legally completed. By understanding the different types of protection, and knowing how to identify them, you can ensure that you’re following the law and safeguarding the trees you care for. If you’re unsure of the protection status of a tree, we recommend consulting an experienced tree expert, such as Eastern Suburbs Tree Removal. Our experienced arborists will be able to advise you on the protection status of your trees and walk you through the steps to make sure you’re following the law. With our expertise and commitment to providing high-quality tree services We can assist you to preserve the beauty and value that your trees have. Contact us today by phone at 1300 636 143 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.

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