The Ultimate Guide to Identifying Trees that are Protected Trees throughout Brisbane

Posted by Expert Arborist Brisbane on 14 Nov 2024

Trees play a crucial role in our environment, providing shade, clean air, and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry extra protection status, which makes it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree being considered, and what steps you’ll need to take to comply with the law. This article we will guide you through the process of determining whether the tree is safe and exactly what steps you need be doing to make sure that you are acting within the law.

What exactly is a tree that is protected?

A protected tree can be subject to specific legal controls, and it’s illegal to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - statutory protection and preservation orders.

Protection under the law

As a matter of legal protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from any work, including felling.

What can I do to determine when a tree is in danger?

To determine if a tree is protected, you must to determine if the tree is subject to a TPO or preservation orders. This can be done by contacting the municipal authority, and asking them to look up their archives.

To find an TPO, you can contact the Tree or Woodland Official from your local authority. They will inform you whether the tree is in the protection. They will also be able to guide you about the next steps to do if your tree is in a protected area.

To search for a preservation permit, you must contact the Secretary of State for the Environment. They can determine whether the tree is protected and provide you with the information you require and direction.

FAQs:

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

If you do work on a protected tree without the appropriate permissions, you could face significant fines, and possibly even jail time.

Can I contest to a TPO Or preservation or TPO?

Yes, you are able to appeal a TPO or preservation decision if you feel it is unjustified. You will have be able to present evidence to back your argument and demonstrate that it is not necessary to appeal the TPO or the preservation decision isn’t necessary.

Can I remove a protected tree?

It is unlawful to take down a protected tree without obtaining permission from the appropriate authorities. If you need removal of the tree, you will need to apply for permission and provide proof to back your claim.

Conclusion

In conclusion, discovering whether a tree is protected is a vital step to ensure that any tree work is legally completed. Understanding the different kinds of protection and how to determine if they are protected to ensure you’re in compliance with the law and protecting the trees in your care. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert such as Expert Arborist Brisbane. Our team of experienced arborists can advise you regarding the status of protection of your trees, and will guide you through the steps to make sure you’re following the legal guidelines. With our experience and dedication to providing high-quality tree services, we can help you preserve the beauty and value that your trees have. Contact us today by calling 1300 261 696 to schedule a consultation and let us help you ensure that your trees are protected and healthy.

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