Avoiding the Tree Removal Mistakes that can be made How to Determine whether a Tree is protected

Posted by Expert Tree Services Brisbane on 27 Oct 2024

Trees play a crucial part in the environment by providing shade, fresh air and aesthetic value to our surroundings. However they are not all alike and some have an additional status of protection, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is essential to know the protection status of the tree you’re considering, and the steps you need to follow to be in compliance with the laws. This article we’ll help you understand the process of determining whether trees are secured and the steps you will need to do to ensure you comply with the law.

What is a protected tree?

A protected tree is one that can be subject to specific laws and regulations and it is unlawful to works on a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - statutory protection and preservation orders.

Statutory 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 to protect trees with a significant public value and to ensure that they do not get destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs , but are issued by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from all work, which includes the felling.

How do I know if a tree is protected?

To determine if the tree is protected, you need to verify if it’s under a TPO or preservation orders. This can be done by contacting your municipal authority, and asking them to search their archives.

To search for the TPO, you can contact your local Tree and Woodland officer from your local authority, who can inform you whether the tree is in the protection. They will also be able to advise you about the next steps to do if your tree is protected.

In order to search for a preservation order you’ll need to call Secretary of State, Department of the Environment. They will tell 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 do work on a protected tree without the proper permissions, you could face massive fines or even prison.

Can I contest an TPO and/or preservation order?

Yes, you are able to appeal an appeal of a TPO or preservation or TPO if you feel that it is not justified. But, you’ll need to prove your claim and explain that the TPO or the preservation decision isn’t necessary.

Can I cut down a tree that is protected tree?

It is unlawful to take down a protected tree without obtaining permission from the appropriate authorities. If you need the tree to be removed it is necessary to request permission and submit evidence to support your case.

Conclusion

In the end, determining if the tree is protected is an essential aspect in ensuring that any tree work carried out legally. By understanding the different types of protection and how to check for them it is possible to be sure that you are acting within the law and are protecting the trees you care for. If you are unsure about the protection status of a tree, we recommend consulting a reputable tree specialist like Expert Tree Services Brisbane. Our experienced arborists can advise you about the protection status of your trees and walk you through the steps to ensure you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care we will help you keep the beauty and worth that your trees have. Call us now by calling 0485 882825 to schedule a appointment, and let us help you keep your trees safe and healthy.

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