A Beginning's Guide to Understanding Protected Trees
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 carry out any activity without authorization. If you’re considering having a tree removed, it’s essential to understand 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 will help you understand the process of determining whether the tree is protected and what you have take to be sure you are following the law.
What is a protected tree?
A protected tree has been subjected to certain laws and regulations, and it’s illegal to do works on a tree without obtaining the necessary permissions. There are two types of protection that a tree might have: preservation and protection orders that are statutory.
Legal protection
Under legal protection, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are issued through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional worth and are therefore protected from any work, including felling.
What can I do to determine if a tree is protected?
To determine whether trees are protected, you need to verify if it’s subject to the protection of a TPO or preservation order. This can be accomplished by contacting the local authority and asking them to check for records.
TPO search
If you want to find the TPO, you can contact an Tree and Woodland officer of your local authority, who will inform you if the tree is protected. They will also be able to guide you on the next steps you should do if your tree is protected.
Preservation order search
In order to search for a preservation order, you must contact the Secretary of State for the Environment. They will be able to determine whether the tree is protected and give you the information you require and direction.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you do work on a tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest an TPO or preservation order?
Yes, you can appeal to a TPO or preservation or TPO if you feel it is unjustified. You will have to provide evidence to support your case and show that you believe that the TPO or the preservation decision is not necessary.
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 proof to back your claim.
Conclusion
In the end, determining if the tree is protected is a vital step in ensuring that any tree work is carried out legally. If you know the various types of protection, and knowing how to identify them to ensure you are acting within the law and safeguarding the trees you care for. If you are unsure about the nature of the protection of trees, we suggest consulting a reputable tree specialist such as Expert Tree Services Brisbane. Our arborists are experienced and can advise you about the protection status of your trees, and will guide you through the necessary steps to ensure that you are complying with the legal guidelines. With our experience and dedication to providing high-quality tree services we will help you maintain the beauty and value that your trees have. Contact us now by calling 0485 882825 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.