How do you determine whether a Tree is protected Prior to removing it

Posted by Sydney Eastern Suburbs Tree Removal on 29 Oct 2024

Trees play an important part in the environment, providing shade, clean air, and aesthetic value to our surroundings. However they are not all identical and some are granted additional protection status, making it illegal to do any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered and what steps you’ll need to follow to be in compliance with the legal requirements. This article we’ll walk you through the process of discovering whether a tree is secured and the steps you will need to do to ensure you are acting within the law.

What is a protected tree?

A protected tree is one that has been subjected to certain laws and regulations and it is unlawful to works on a tree without obtaining the necessary permissions. There are two kinds of protection a tree might have: preservation orders and protection orders.

Statutory protection

As a matter of statutory protection trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees with a significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have exceptional value and are protected from any kind of work, including felling.

How do I know when a tree is in danger?

To determine if trees are protected, you need to check if it is in the process of being subject to an TPO or preservation orders. It is done by contacting your authorities in your area and asking them look up their records.

To search for the TPO to locate one, contact an Tree and Woodland Officer of your local authority, who can inform you whether the tree is in the protection. They’ll also be able to advise you on the next steps you should follow if the tree is in a protected area.

In order to search for a preservation permit, you must contact Secretary of State, Department of the Environment. They can determine if the tree is protected and will provide the required information and guidelines.

FAQs:

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

If you do work on a tree that is protected without the proper permissions, you could face massive fines or even prison.

Can I contest a TPO Or preservation or TPO?

Yes, you can appeal to a TPO or preservation order if you feel it’s not justifiable. You will have to prove your argument and demonstrate that it is not necessary to appeal the TPO or order to preserve isn’t necessary.

Can I take down a protected tree?

It is unlawful to take down protected trees without the required permissions. If you need the tree to be removed, you will need to request permission and submit the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether a tree is protected is an essential step to ensure that any tree work is carried out legally. Understanding the different kinds of protection, and knowing how to determine if they are protected, you can ensure that you are acting within the law and protecting the trees that you are responsible for. If you are unsure about the status of protection for the tree you are in charge of, we suggest seeking advice from a reputable tree specialist, such as Sydney Eastern Suburbs Tree Removal. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and guide you through the steps to make sure you’re complying with the legal guidelines. With our experience and dedication to providing top-quality tree care we will help you maintain the beauty and worth of your trees. Contact us now at 1300 526 708 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.

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