The Protection of Trees: A Step-by-Step Guide to Understanding Protected Status
Trees play an important role in our environment by providing shade, fresh air and aesthetic value our surroundings. However there are a few trees that aren’t identical and some are granted extra protection status, which makes it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is essential to know the status of protection for the tree in question and the steps you have to take to ensure compliance with the legal requirements. This article we will help you understand the steps to determine if a tree is safe and exactly what steps you have to do to ensure you comply with the law.
What is a protected tree?
A protected tree is one that has been subjected to certain laws and regulations It is illegal to carry out work on such a tree without the required permissions. There are two types of protection a tree may have - preservation and protection orders that are statutory.
Protection under the law
Under legal protection, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any work, including cutting down.
What can I do to determine if a tree is protected?
To determine if a tree is protected, you must to check if it is under a TPO or preservation or protection order. This can be done by contacting the local authority and asking them to search their archives.
TPO search
To find the TPO to locate one, contact your local Tree and Woodland Officer at the local authority. They can inform you whether the tree is in the protection. They’ll also be able to advise you on the next steps you should follow if the tree is protected.
Preservation order search
In order to search for a preservation order you must contact the Secretary of State for the Environment. They will tell you whether the tree is in the protected zone and provide you with the information you require and direction.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you work on a tree that is protected without the appropriate permissions, you could face significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
Yes, you can appeal an appeal of a TPO or preservation or TPO if that it is not justified. But, you’ll need to prove your claim and explain why it is not necessary to appeal the TPO or order to preserve isn’t needed.
Can I take down a protected tree?
It is unlawful to take down protected trees without the necessary permissions. If you want the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether a tree is protected is a vital step to ensure that any tree work carried out legally. Understanding the different kinds of protection and how to identify them, you can ensure that you’re following the law and safeguarding the trees in your care. If you are unsure about the protection status of a tree, we recommend consulting an experienced tree expert, such as Eastern Suburbs Tree Removal. Our team of experienced arborists can advise you about the protection status of your trees and walk you through the necessary steps to ensure you are following the legal guidelines. With our expertise and commitment to providing top-quality tree care, we can help you keep the beauty and worth that your trees have. Contact us today at 1300 636 143 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.