How do you determine if a Tree is Protected before removing it

Posted by Local Tree Removal Brisbane on 15 Jan 2025

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

What is a protected tree?

A protected tree has been subjected to certain legal restrictions It is illegal to do work on a protected tree without having the appropriate permissions. There are two types of protection a tree could be protected by - preservation orders and protection orders.

Statutory protection

Under legal protection trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant public value and to ensure that they are not damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to have exceptional value and are shielded from any work, including the felling.

How can I tell whether a tree is safe?

To determine whether the tree is protected, you will need to verify if it’s under a TPO or preservation or protection order. It is done by contacting the local authority and asking them to check for records.

To find a TPO, you can contact the Tree and Woodland Officer of your local authority, who will be able to tell you if the tree is protected. They will also be able to guide you about the next steps to take if the tree is in a protected area.

To search for a preservation order, you’ll need to call secretary of state for Environment. They will be able to inform you whether the tree is protected and will provide the required information and guidelines.

FAQs:

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

If you work on a protected tree without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.

Can I appeal to a TPO and/or preservation order?

You can appeal a TPO or preservation decision if it is unjustified. You will have to provide evidence to support your claim and explain your argument as to why it is not necessary to appeal the TPO or order to preserve is not necessary.

Can I take down a protected tree?

It is against the law to remove trees that are protected without the necessary permissions. If you need the tree to be removed then you must request permission and submit proof to back your claim.

Conclusion

In the end, determining if a tree is protected is a vital step to ensure that any tree work is legally completed. Understanding the different kinds of protection and the best way to check for them, you can ensure that you are acting within the law and safeguarding the trees in your care. If you’re not sure about the status of protection for the tree you are in charge of, we suggest consulting an expert in tree care like Local Tree Removal Brisbane. Our team of experienced arborists can advise you regarding the status of protection of your trees, and will guide you through the steps to make sure you’re complying with the legal guidelines. With our knowledge and dedication to provide high-quality tree services, we can help you maintain the beauty and value that your trees have. Call us now at 1300 257 379 to schedule a appointment, and let us assist you to keep your trees protected and healthy.

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