The importance of Proper Tree Identification: How do you know whether a Tree is protected

Posted by Local Tree Removal Brisbane on 15 Jan 2025

Trees play a crucial part in the environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have additional protection status, making it illegal to do any activity without authorization. If you are considering 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 comply with the law. In this article, we will walk you through the steps to determine if a tree is safe and exactly what steps you have be doing to make sure you are acting within the law.

What is a protected tree?

A protected tree is one that has been subjected to certain legal restrictions It is illegal to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.

Statutory protection

Under statutory protection trees are protected under laws and under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard 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 by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are protected from any kind of work, including the felling.

What can I do to determine if a tree is protected?

To determine if a tree is protected, you need to check if it is in the process of being subject to an TPO or preservation order. This can be accomplished by contacting your local authority and asking them to look up their archives.

To find an TPO to locate one, contact an Tree and Woodland Officer from your local authority. They will be able to tell you whether the tree is in the protection. They’ll also be able to guide you on the next steps you should do if your tree is protected.

To search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They will be able to determine if the tree is protected 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 protected tree without the appropriate permits, you could be facing significant fines, and possibly even jail time.

Can I contest an TPO and/or preservation order?

Yes, you are able to appeal a TPO or preservation or TPO if it is unjustified. You will have to prove your argument and demonstrate why you believe that the TPO or order to preserve isn’t needed.

Can I cut down a tree that is protected tree?

It is unlawful to take down protected trees without permission from the appropriate authorities. If you want the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.

Conclusion

In the end, determining if trees are protected is a crucial step in ensuring that any tree work carried out legally. By understanding the different types of protection and the best way to determine if they are protected it is possible to be sure that you’re in compliance with the law and protecting the trees that you are responsible for. If you’re not sure about the status of protection for trees, we suggest consulting an expert in tree care such as Local Tree Removal Brisbane. Our arborists are experienced and can advise you about the protection status of your trees and walk you through the necessary steps to make sure you’re acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care, we can help you preserve the beauty and value of your trees. Contact us now by calling 1300 257 379 to schedule a appointment, and let us assist you to keep your trees safe and healthy.

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