The Consequences of Destroying the Tree that is Protected and How to Avoid Them
Trees play an important part in the environment, providing shade, clean 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 permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree in question, and the steps you need to follow to be in compliance with the law. In this article, we’ll walk you through the process of determining whether the tree is protected and what you will need be doing to make sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is subject to specific legal controls It is illegal to carry out work on a protected tree without having the appropriate permissions. There are two types of protection that trees may have - statutory protection and preservation orders.
Protection under the law
As a matter of legal protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to have an exceptional value and are protected from any kind of work, including cutting down.
How do I know whether a tree is safe?
To determine whether trees are protected, you will need to check if it is under a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them search for records.
TPO search
If you want to find an TPO, you can contact the Tree or Woodland Official of the local authority. They will inform you whether the tree is protected. They will also be able to guide you about the next steps to follow if the tree is in a protected area.
Preservation order search
In order to search for a preservation order you’ll need to call secretary of state for Environment. They can determine whether the tree is protected and will provide the required information and guidelines.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a protected tree without obtaining the necessary permissions, you could face massive fines or even prison.
Can I contest to a TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation decision if you believe it’s not justifiable. But, you’ll need to prove your claim and explain your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down trees that are protected without the necessary permissions. If you want the tree to be removed, you will need to seek permission from the council and provide evidence to support your case.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step in ensuring that any tree work legally completed. Understanding the different kinds of protection and the best way to identify them it is possible to be sure that you’re following the law and protecting the trees that you are responsible for. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest consulting an expert in tree care like 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 steps to ensure you are acting within the laws. With our experience and dedication to providing high-quality tree services we will help you maintain the beauty and worth for your tree. Contact us now by phone at 1300 261 696 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.