How to Determine whether a Tree is protected before removing it
Trees play an essential role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have an additional status of protection, 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 status of protection for the tree in question and what steps you’ll need to follow to be in compliance with the legal requirements. The following article we’ll guide you through the process of discovering whether a tree is safe and exactly what steps you have be doing to make sure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal controls and it is unlawful to carry out work on a protected tree without having the appropriate permissions. There are two kinds of protection that a tree may have - preservation and protection orders that are statutory.
Legal protection
In the context of legal protection trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from any work, including cutting down.
What can I do to determine when a tree is in danger?
To determine whether trees are protected, you need to check if it is subject to an TPO or preservation orders. This can be done by contacting the authorities in your area and asking them check their archives.
TPO search
To find the TPO, you can contact an Tree and Woodland Officer from the local authority. They can inform you if the tree is protected. They will also be able to advise you on the next steps to do if your tree is in a protected area.
Preservation order search
To search for a preservation permit, you will need to contact secretary of state for Environment. They will inform you if the tree is protected and provide you with the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you carry out work on a protected tree without obtaining the necessary authorizations, you could be subject to massive fines or even prison.
Can I appeal an TPO Or preservation or TPO?
Yes, you are able to appeal a TPO or preservation order if that it is not justified. You will have be able to present evidence to back your case and show your argument as to why you believe that the TPO or the preservation decision isn’t necessary.
Can I remove a protected tree?
It is illegal to remove protected trees without the necessary permissions. If you need the tree to be removed it is necessary to seek permission from the council and provide evidence to support your case.
Conclusion
In the end, determining if a tree is protected is an essential aspect in ensuring that any tree work carried out legally. If you know the various types of protection, and knowing how to determine if they are protected to ensure you’re following the law and safeguarding the trees that you are responsible for. If you are unsure about the nature of the protection of trees, we suggest consulting an expert in tree care such as Local Tree Removal Brisbane. Our arborists are experienced and can advise you on the protection status of your trees and guide you through the steps to ensure that you are acting within the legal guidelines. With our expertise and commitment to provide high-quality tree services We can assist you to maintain the beauty and value that your trees have. Contact us now at 1300 257 379 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.