How do I determine whether a Tree is protected Prior to removing it

Name: Aborist Brisbane QLD
Brand: Expert Arborist Brisbane
Rating: 4.9 (38 reviews)

Posted by Expert Arborist Brisbane on 14 Nov 2024

Trees play an important part in the environment by providing shade, fresh air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any activity without authorization. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and the steps you need to take to ensure compliance with the legal requirements. This article we’ll help you understand the process of discovering whether the tree is secured and the steps you have to do to ensure that you are following the law.

What is a protected tree?

A protected tree has been subjected to certain legal restrictions, and it’s illegal to work on a protected tree without the required permissions. There are two kinds of protection a tree may have - preservation orders and protection orders.

Statutory protection

As a matter of the law, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and to ensure that they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to be of exceptional value and are protected from all work, which includes felling.

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

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

TPO search

To search for the TPO, you can contact the Tree and Woodland officer at your local authority. They will inform you whether the tree is in the protection. They’ll also be able to advise you on the next steps to follow if the tree is protected.

Preservation order search

In order 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 provide you with the information you require and direction.

FAQs:

What is the consequence if I do work on a protected tree without permission?

If you carry out work on a tree that is protected without obtaining the necessary permits, you could be facing massive fines or even prison.

Can I contest to a TPO or preservation order?

Yes, you can appeal a TPO or preservation or TPO if you believe it’s not justifiable. You will have to prove 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 unlawful to take down a protected tree without obtaining the necessary permissions. If you need removal of the tree it is necessary to apply for permission and provide proof to back your claim.

Conclusion

In conclusion, discovering whether a tree is protected is a crucial aspect in ensuring that tree work is carried out legally. If you know the various types of protection, and knowing how to check for them to ensure you’re in compliance with the law and are protecting the trees in your care. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest seeking professional advice from a reputable tree specialist, such as Expert Arborist Brisbane. Our arborists are experienced and will be able to inform you about the protection status of your trees, and will guide you through the necessary steps to ensure that you are following the law. With our experience and dedication to providing top-quality tree care We can assist you to keep the beauty and worth of your trees. Contact us now by calling 1300 261 696 to schedule a consultation, and let us guide you on how to keep your trees safe and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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