A Beginner's Guide to Understanding Protected Trees
Trees play an essential contribution to our ecosystem as they provide 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 carry out any work without obtaining permission. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree you’re considering, and what steps you’ll need to take to comply with the laws. The following article we’ll guide you through the steps to determine if the tree is protected and what 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 can be subject to specific legal controls and it is unlawful to do works on a tree without having the appropriate permissions. There are two kinds of protection that trees could be protected by - preservation and protection orders that are statutory.
Protection under the law
In the context of the law trees are protected under law and are subject to 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 destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from all work, which includes felling.
How can I tell whether a tree is safe?
To determine if a tree is protected, you will need to verify if it’s in the process of being subject to the protection of a TPO or preservation or protection order. This can be done by contacting your authorities in your area and asking them search their records.
TPO search
If you want to find the TPO You can reach your local Tree or Woodland Official at your local authority, who can inform you whether the tree is protected. They’ll also be able advise you about the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact the Secretary of State for the Environment. They can inform you if the tree is protected and give you the necessary information and guidance.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you work on a protected tree without the proper authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal an TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation decision if you believe it is unjustified. However, you will need be able to present evidence to back your case and show that you believe that the TPO or the preservation decision is not necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove trees that are protected without the necessary permissions. If you require the tree to be removed, you will need to apply for permission and provide the evidence needed to prove your case.
Conclusion
To conclude, knowing if trees are protected is a vital step to ensure that tree work is carried out legally. If you know the various 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 you care for. If you’re not sure about the protection status of a tree, we recommend seeking advice from an expert in tree care such as Tree Services Brisbane. Our team of experienced arborists will be able to advise you about the protection status of your trees and walk you through the steps to ensure that you are acting within the legal guidelines. With our experience and dedication to provide high-quality tree services we will help you keep the beauty and worth for your tree. Call us now by phone at 0485 882 832 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.