A Beginner's guide to Understanding Protected Trees

Posted by Sydney Eastern Suburbs Tree Removal on 29 Oct 2024

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 identical and some are granted an additional status of protection, making it illegal to do any work without permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree in question, and what steps you’ll need to follow to be in compliance with the legal requirements. The following article we’ll walk you through the process of discovering whether the tree is protected and what you need be doing to make sure you are following the law.

What is a protected tree?

A protected tree has been subjected to certain laws and regulations and it is unlawful to carry out work on such a tree without having the appropriate permissions. There are two types of protection a tree could be protected by - preservation and protection orders that are statutory.

Statutory protection

In the context of legal protection trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and ensure 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 be of exceptional worth and are therefore protected from all work, which includes cutting down.

How do I know if a tree is protected?

To determine if trees are protected, you must to determine if the tree is under the protection of a TPO or preservation or protection order. It is done by contacting the local authority and asking them to search for records.

To search for a 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 to guide you about the next steps to do if your tree is in a protected area.

If you are looking for a preservation order, you will need to contact secretary of state for Environment. They can inform you whether the tree is in the protected zone and give you the necessary information and guidance.

FAQs:

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

If you work on a tree that is protected without the proper permits, you could be facing substantial fines and even imprisonment.

Can I appeal a TPO Or preservation or TPO?

Yes, you can appeal an appeal of a TPO or preservation decision if that it is not justified. You will have be able to present evidence to back your claim and explain why you believe that the TPO or preservation order is not necessary.

Can I take down a protected tree?

It is unlawful to take down trees that are protected without permission from the appropriate authorities. If you require the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.

Conclusion

To conclude, knowing if a tree is protected is an essential aspect in ensuring that any tree work legally completed. If you know the various types of protection and how to identify them to ensure you’re following the law and protecting the trees you care for. If you are unsure about the nature of the protection of a tree, we recommend consulting an expert in tree care such as Sydney Eastern Suburbs Tree Removal. Our arborists are experienced and can advise you on the protection status of your trees and walk you through the steps to ensure that you are following the legal guidelines. With our expertise and commitment to providing top-quality tree care we will help you maintain the beauty and worth for your tree. Contact us now by calling 1300 526 708 to schedule a consultation, and let us help you keep your trees protected and healthy.

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