What Makes a Tree Protected and How Do I Find Out

Posted by Expert Arborist Brisbane on 16 Jul 2025

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 carry out any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree you’re considering, and what steps you’ll need to take to ensure compliance with the law. The following article we will guide you through the process of discovering whether a tree is secured and the steps you need to do to ensure that you are following 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 carry out works on a tree without obtaining the necessary permissions. There are two types of protection that a tree might have: statutory protection and preservation orders.

Under legal protection, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees of significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from any kind of work, including felling.

How can I tell whether a tree is safe?

To determine whether trees are protected, you will need to verify if it’s subject to a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them look up their records.

To search for the TPO, you can contact your local Tree and Woodland officer at the local authority. They will be able to tell you whether the tree is protected. They will also be able advise you about the next steps to take if the tree is in a protected area.

To search for a preservation order you will need to contact Secretary of State, Department of the Environment. They can inform you if the tree is protected and provide you with the information you require and direction.

FAQs:

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

If you work on a protected tree without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.

Can I appeal an TPO and/or preservation order?

Yes, you can appeal an appeal of a TPO or preservation decision if you feel that it is not justified. But, you’ll need be able to present evidence to back your case and show why the TPO or the preservation decision isn’t needed.

Can I take down a protected tree?

It is unlawful to take down trees that are protected without the required permissions. If you want removal of the tree it is necessary to request permission and submit the evidence needed to prove your case.

Conclusion

In the end, determining if trees are protected is a vital step in ensuring that any tree work is carried out legally. If you know the various types of protection and how to identify them to ensure you are acting within the law and are protecting the trees in your care. If you’re unsure of the status of protection for a tree, we recommend seeking advice from an experienced tree expert such as Expert Arborist Brisbane. Our team of experienced arborists can advise you about the protection status of your trees and walk you through the required steps to ensure you are complying with the law. With our expertise and commitment to providing top-quality tree care We can assist you to preserve the beauty and value that your trees have. Call us now by phone at 1300 261 696 to schedule a consultation, and let us help you keep your trees safe and healthy.

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