Avoiding Tree Removal Mistakes What to do to determine whether a Tree is protected

Posted by Tree Services Brisbane on 11 Jan 2025

Trees play an essential part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However they are not all equal and some carry 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 in question, and what steps you’ll need to take to ensure compliance with the law. This article we’ll guide you through the process of discovering whether a tree is safe and exactly what 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 subject to specific legal controls, and it’s illegal to carry out work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that trees may have - statutory protection and preservation orders.

Protection under the law

In the context of statutory protection trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees of significant value to the public and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs but are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from all work, which includes cutting down.

What can I do to determine whether a tree is safe?

To determine if trees are protected, you will need to verify if it’s subject to the protection of a TPO or preservation order. This can be accomplished by contacting your authorities in your area and asking them check for records.

To search for an TPO, you can contact the Tree and Woodland officer of your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to guide you on the next steps you should follow if the tree is in a protected area.

If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They can inform you whether 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 work on a protected tree without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.

Can I appeal to a TPO or preservation order?

You can appeal an appeal of a TPO or preservation order if you feel it’s not justifiable. However, you will need to provide evidence to support your case and show that you believe that the TPO or order to preserve is not necessary.

Can I take down a protected tree?

It is unlawful to take down trees that are protected without permission from the appropriate authorities. If you need removal of the tree then you must request permission and submit evidence to support your case.

Conclusion

To conclude, knowing if trees are protected is a vital aspect in ensuring that any tree work legally completed. If you know the various types of protection and the best way to identify them, you can ensure that you are acting within the law and safeguarding the trees that you are responsible for. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest consulting a reputable tree specialist, such as Tree Services Brisbane. Our arborists are experienced and will be able to advise you about the protection status of your trees, and will guide you through the steps to make sure you’re acting within the legal guidelines. With our experience and dedication to providing top-quality tree care We can assist you to keep the beauty and worth for your tree. Contact us today by phone at 0485 882 832 to schedule a consultation and let us assist you to keep your trees protected and healthy.

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