A Beginner's Introduction to Understanding Protected Trees
Trees play an essential contribution to our ecosystem by providing shade, fresh air and aesthetic value to our surroundings. However they are not all identical and some are granted extra protection status, which makes it illegal to perform any work without permission. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree being considered, and the steps you need to take to ensure compliance with the legal requirements. The following article we’ll walk you through the process of determining whether trees are secured and the steps you will need be doing to make sure you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific laws and regulations and it is unlawful to do work on such a tree without having the appropriate permissions. There are two types of protection a tree may have - preservation and protection orders that are statutory.
Legal protection
In the context of statutory protection trees are protected under laws and under the control of 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 similar to TPOs but are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional value and are protected from any work, including felling.
How can I tell if a tree is protected?
To determine if the tree is protected, you need to determine if the tree is subject to a TPO or preservation or protection order. It is done by contacting the authorities in your area and asking them check for records.
TPO search
If you want to find the TPO to locate one, contact the Tree and Woodland Officer from the local authority. They will be able to tell you whether the tree is protected. They will also be able to advise you about the next steps to follow if the tree is in a protected area.
Preservation order search
If you are looking for a preservation order you must contact Secretary of State, Department of the Environment. They will be able to determine whether the tree is protected and provide you with the required information and guidelines.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you work on a protected tree without the appropriate authorizations, you could be subject to massive fines or even prison.
Can I contest a TPO Or preservation or TPO?
Yes, you can appeal a TPO or preservation order if you feel that it is not justified. You will have to prove your case and show why you believe that the TPO or the preservation decision isn’t necessary.
Can I remove a protected tree?
It is against the law to remove protected trees without permission from the appropriate authorities. If you want the tree to be removed then you must apply for permission and provide the evidence needed to prove your case.
Conclusion
To conclude, knowing if a tree is protected is a crucial step to ensure that tree work is carried out legally. If you know the various types of protection and the best way to identify them it is possible to be sure that you’re in compliance with the law and are protecting the trees you care for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking advice from an experienced tree expert such as Local Tree Removal Brisbane. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and walk you through the necessary steps to ensure you are acting within the legal guidelines. With our expertise and commitment to provide high-quality tree services, we can help you preserve the beauty and worth that your trees have. Contact us today at 1300 257 379 to schedule a consultation and let us assist you to ensure that your trees are protected and healthy.