What makes a tree protected and How to Find Out
Trees play an essential role in our environment as they provide shade, clean air and aesthetic value our surroundings. However they are not all alike and some have an additional status of protection, making it illegal to do any activity without authorization. If you’re considering having a tree removed it is essential to know the protection status of the tree in question and the steps you need to take to comply with the laws. This article we’ll walk you through the steps to determine if trees are secured and the steps you have to do to ensure that you comply with the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal restrictions and it is unlawful to{ carry out|| do} works on a tree without the required permissions. There are two types of protection that trees may have - statutory protection and preservation orders.
Statutory protection
In the context of statutory protection, trees are protected by law and are 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 destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from all work, which includes felling.
How can I tell when a tree is in danger?
To determine if a tree is protected, you must to verify if it’s subject to the protection of a TPO or preservation or protection order. It is done by contacting your municipal authority, and asking them to search their archives.
TPO search
To search for an TPO to locate one, contact the Tree or Woodland Official at the local authority. They will inform you if the tree is protected. They’ll also be able to advise you on the next steps to take if the tree is in a protected area.
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 inform you if the tree is protected and provide you with the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you{ carry out|| do} work on a protected tree without the proper authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
You can appeal to a TPO or preservation decision if that it is not justified. You will have to prove your case and show why you believe that the TPO or preservation order isn’t necessary.
Can I remove a protected tree?
It is unlawful to take down a protected tree without obtaining the necessary permissions. If you need the tree to be removed it is necessary to request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if trees are protected is a vital step to ensure that any tree work legally completed. If you know the various types of protection, and knowing how to determine if they are protected, you can ensure that you are acting within the law and safeguarding the trees you care for. If you’re not sure about the protection status of a tree, we recommend seeking advice from a reputable tree specialist such as Expert Arborist Brisbane. Our team of experienced arborists will be able to advise you about the protection status of your trees, and will guide you through the{ necessary|| required} steps to ensure that you are complying with the laws. With our expertise and commitment to providing top-quality tree care, we can help you maintain the beauty and worth of your trees. Contact us today by calling 1300 261 696 to schedule a appointment, and let us assist you to keep your trees protected and healthy.