The Protection of Trees: A Step-by-Step Guide for Understanding the status of protected trees

Name: Aborist Brisbane QLD
Brand: Expert Arborist Brisbane
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Posted by Expert Arborist Brisbane on 16 Jul 2025

Trees play a crucial role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes 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 in question, and the steps you have to follow to be in compliance with the laws. In this article, we will guide you through the process of determining whether trees are safe and exactly what steps you need to do to ensure that you comply with the law.

What is a protected tree?

A protected tree is one that has been subjected to certain legal controls, and it’s illegal to works on a tree without having the appropriate permissions. There are two kinds of protection a tree could be protected by - preservation and protection orders that are statutory.

Legal protection

As a matter of legal protection trees are protected under law and are in the hands 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 do not get damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs , but are set up 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 protected from all work, which includes felling.

How do I know if a tree is protected?

To determine whether the tree is protected, you will need to verify if it’s subject to a TPO or preservation or protection order. This can be done by contacting the 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 of your local authority, who will inform you whether the tree is protected. They’ll also be able advise you on the next steps to do if your tree is in a protected area.

Preservation order search

If you are looking for a preservation order you will need to contact the Secretary of State for the Environment. They will inform you whether the tree is in the protected zone and provide you with the necessary information and guidance.

FAQs:

What happens if I conduct work on a tree that is protected without permission?

If you carry out work on a tree that is protected without the proper permissions, you could face significant fines, and possibly even jail time.

Can I contest to a TPO 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 claim and explain your argument as to why you believe that 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 the required permissions. If you need removal of the tree, you will need to apply for permission and provide proof to back your claim.

Conclusion

To conclude, knowing if a tree is protected is a crucial step in ensuring that tree work is carried out legally. By understanding the different types of protection and how to determine if they are protected it is possible to be sure that you are acting within the law and are protecting the trees in your care. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care such as Expert Arborist Brisbane. Our team of experienced arborists will be able to inform you on the protection status of your trees and walk you through the required steps to make sure you’re following the legal guidelines. With our experience and dedication to provide high-quality tree services we will help you preserve the beauty and worth of your trees. Call us now at 1300 261 696 to schedule a appointment, and let us assist you to ensure that your trees are protected and healthy.

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

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