A Complete Guide for Identifying Protected Trees within Brisbane
Trees play a crucial contribution to our ecosystem by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is essential to know the protection status of the tree being considered, and the steps you have to take to comply with the laws. In this article, we will guide you through the process of discovering whether a tree is protected and what you need to do to ensure you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain laws and regulations, and it’s illegal to work on such a tree without the required permissions. There are two kinds of protection that trees may have - preservation orders and protection orders.
Legal protection
Under the law trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional worth and are therefore protected from any work, including felling.
How do I know if a tree is protected?
To determine if trees are protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation orders. This can be done by contacting the local authority and asking them to check their records.
TPO search
If you want to find a TPO to locate one, contact the Tree and Woodland officer of your local authority. They will be able to tell you whether the tree is protected. They’ll also be able advise you about the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will determine whether the tree is in the protected zone 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 obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest an TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation or TPO if it’s not justifiable. You will have to prove your argument and demonstrate why it is not necessary to appeal the TPO or order to preserve isn’t needed.
Can I take down a protected tree?
It is against the law to remove a protected tree without obtaining permission from the appropriate authorities. If you need removal of the tree, you will need to seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is a crucial step in ensuring 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 to ensure you’re following the law and protecting the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend seeking advice from an expert in tree care, such as Expert Arborist Brisbane. Our arborists are experienced and will be able to advise you about the protection status of your trees and guide you through the necessary steps to ensure that you are complying with the legal guidelines. With our knowledge and dedication to provide high-quality tree services we will help you preserve the beauty and value of your trees. Contact us now at 1300 261 696 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.