The Protection of Trees: A Step-by-Step Guide for Understanding the status of protected trees
Trees play a crucial 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 additional protection status, making it illegal to carry out any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree being considered, and the steps you have to follow to be in compliance with the law. This article we’ll help you understand the steps to determine if trees are secured and the steps you have to do to ensure 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 works on a tree without the required permissions. There are two types of protection that trees could be protected by - preservation orders and protection orders.
Statutory protection
In the context of statutory protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are put in place from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from all work, which includes cutting down.
How can I tell when a tree is in danger?
To determine if a tree is protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation or protection order. It is done by contacting the municipal authority, and asking them to check their archives.
TPO search
If you want to find an TPO to locate one, contact your local Tree and Woodland Officer of your local authority, who can inform you whether the tree is in the protection. They will also be able to guide you on the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact secretary of state for Environment. They will determine whether the tree is in the protected zone and will provide the information you require and direction.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you carry out work on a tree that is protected without the appropriate permissions, you could face massive fines or even prison.
Can I appeal an TPO or preservation order?
You can appeal to a TPO or preservation or TPO if that it is not justified. But, you’ll need be able to present evidence to back your case and show that you believe that the TPO or order to preserve isn’t necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove trees that are protected without the required permissions. If you want removal of the tree then you must request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if trees are protected is an essential step in ensuring that any tree work is legally completed. By understanding the different types of protection, and knowing how to determine if they are protected, you can ensure that you’re following the law and are protecting the trees in your care. If you’re unsure of the nature of the protection of a tree, we recommend consulting an experienced tree expert like Eastern Suburbs Tree Removal. Our experienced arborists can advise you on the protection status of your trees, and will guide you through the steps to ensure you are following the law. With our experience and dedication to providing top-quality tree care, we can help you preserve the beauty and value that your trees have. Call us now by calling 1300 636 143 to schedule a consultation, and let us assist you to keep your trees safe and healthy.