The Protection of Trees: A Step-by-Step Guide to Understanding Protected Status

Posted by Expert Arborist Brisbane on 14 Nov 2024

Trees play a crucial role in our environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t identical and some are granted additional protection status, making it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered, and the steps you need to take to ensure compliance with the law. The following article we will walk you through the process of determining whether a tree is protected and what you need to do to ensure that you comply with the law.

What is a protected tree?

A protected tree is one that is subject to specific legal controls and it is unlawful to do works on a tree without the required permissions. There are two kinds of protection a tree could be protected by - statutory protection and preservation orders.

Statutory protection

Under statutory protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs , but are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are shielded from any work, including cutting down.

How can I tell whether a tree is safe?

To determine whether trees are protected, you need to check if it is subject to the protection of a TPO or preservation order. This can be done by contacting the local authority and asking them to search for records.

To search for an TPO, you can contact an Tree and Woodland officer at the local authority. They will inform you if the tree is protected. They will also be able advise you on the next steps you should follow if the tree is protected.

To search for a preservation order you’ll need to call the Secretary of State for the Environment. They will be able to determine whether the tree is in the protected zone and give you the required information and guidelines.

FAQs:

What happens if I carry out work on a protected tree without permission?

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

Can I contest an TPO Or preservation or TPO?

Yes, you can appeal a TPO or preservation decision if it’s not justifiable. You will have to provide evidence to support your argument and demonstrate your argument as to why it is not necessary to appeal the TPO or the preservation decision is not necessary.

Can I remove a protected tree?

It is illegal to remove protected trees without the required permissions. If you want the tree to be removed, you will need to seek permission from the council and provide proof to back your claim.

Conclusion

In conclusion, discovering whether a tree is protected is a crucial aspect in ensuring that any tree work is carried out legally. By understanding the different types of protection and the best way to identify them, you can ensure that you’re following the law and safeguarding the trees that you are responsible for. If you’re unsure of the status of protection for a tree, we recommend seeking professional advice from a reputable tree specialist such as Expert Arborist Brisbane. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and walk you through the steps to make sure you’re complying with the legal guidelines. With our expertise and commitment to providing high-quality tree services, we can help you maintain the beauty and worth for your tree. Contact us now by phone at 1300 261 696 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.

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