The Consequences of Removing an encircled tree and how to Avoid Them
Trees play a crucial role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to perform any activity without authorization. If you are considering having a tree removed, it’s essential to understand the protection status of the tree you’re considering and the steps you have to take to ensure compliance with the law. In this article, we’ll walk you through the process of discovering whether a tree is protected and what you need be doing to make sure you comply with the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal restrictions and it is unlawful to do work on such a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - preservation and protection orders that are statutory.
Legal protection
Under statutory protection, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any work, including the felling.
What can I do to determine whether a tree is safe?
To determine if the tree is protected, you need to verify if it’s under an TPO or preservation orders. It is done by contacting the authorities in your area and asking them check for records.
TPO search
If you want to find a TPO You can reach your local Tree or Woodland Official of your local authority, who will be able to tell you if the tree is protected. They’ll also be able to guide you on the next steps to take if the tree is protected.
Preservation order search
If you are looking for a preservation order, you will need to contact Secretary of State, Department of the Environment. They will determine whether the tree is protected and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you do work on a protected tree without the proper permissions, you could face significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
You can appeal to a TPO or preservation decision if you feel it is unjustified. However, you will need to provide evidence to support your claim and explain that you believe that the TPO or preservation order isn’t needed.
Can I take down a protected tree?
It is illegal to remove protected trees without permission from the appropriate authorities. If you require removal of the tree it is necessary to seek permission from the council and provide proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step to ensure that any tree work carried out legally. Understanding the different kinds of protection and the best way to check for them, you can ensure that you’re in compliance with the law and are protecting the trees you care for. If you are unsure about the nature of the protection of trees, we suggest seeking professional advice from an experienced tree expert like Tree Services Brisbane. Our experienced arborists will be able to inform you on the protection status of your trees and walk you through the required steps to make sure you’re acting within the law. With our knowledge and dedication to providing top-quality tree care We can assist you to preserve the beauty and value that your trees have. Contact us now at 0485 882 832 to schedule a consultation, and let us help you keep your trees safe and healthy.