A Beginner's guide to Understanding Protected Trees
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 alike and some have extra protection status, which makes it illegal to do any activity without authorization. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree in question, and the steps you have to take to ensure compliance with the laws. The following article we will walk you through the process of determining whether trees are protected and what you have to do to ensure you are acting within the law.
What exactly is a tree that is protected?
A protected tree has been subjected to certain legal controls and it is unlawful to do work on such a tree without having the appropriate permissions. There are two types of protection that a tree could be protected by - statutory protection and preservation orders.
Statutory protection
Under legal protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities 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 put in place by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are shielded from all work, which includes felling.
How do I know if a tree is protected?
To determine whether a tree is protected, you must to verify if it’s in the process of being subject to an TPO or preservation or protection order. This can be done by contacting your authorities in your area and asking them check for records.
TPO search
To find the TPO to locate one, contact an Tree and Woodland officer from the local authority. They will inform 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
In order to search for a preservation permit, you will need to contact the Secretary of State for the Environment. They can determine whether the tree is protected and will provide the necessary information and guidance.
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 authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest a TPO and/or preservation order?
You can appeal a TPO or preservation or TPO if you feel that it is not justified. You will have be able to present evidence to back your claim and explain why it is not necessary to appeal the TPO or preservation order isn’t needed.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining the necessary permissions. If you need removal of the tree, 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 step in ensuring that any tree work is legally completed. Understanding the different kinds of protection, and knowing how to identify them to ensure you’re following the law and are protecting the trees that you are responsible for. If you’re not sure about the nature of the protection of trees, we suggest consulting a reputable tree specialist like Expert Arborist Brisbane. Our arborists are experienced and will be able to advise you about the protection status of your trees, and will guide you through the steps to ensure you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care, we can help you keep the beauty and value for your tree. Call us now by phone at 1300 261 696 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.