Avoiding Tree Removal Errors: How to Know if a Tree is Protected
Trees play a crucial part in the environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t equal and some carry extra protection status, which makes it illegal to do any activity without authorization. If you are considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you have to take to ensure compliance with the law. In this article, we’ll guide you through the process of determining whether a tree is protected and what you have to do to ensure you are acting within the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal controls, and it’s illegal to works on a tree without the required permissions. There are two types of protection that a tree may have - preservation and protection orders that are statutory.
Protection under the law
In the context of statutory protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees of significant value to the public and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes cutting down.
What can I do to determine when a tree is in danger?
To determine whether the tree is protected, you will need to determine if the tree is under the protection of a TPO or preservation or protection order. This can be accomplished by contacting the municipal authority, and asking them to search for records.
TPO search
To search for a TPO You can reach an Tree and Woodland officer at your local authority, who will inform you whether the tree is in the protection. They’ll also be able advise you on the next steps to follow if the tree is protected.
Preservation order search
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 required information and guidelines.
FAQs:
What happens if I carry out work on a tree that is protected 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 are able to appeal a TPO or preservation or TPO if you believe it’s not justifiable. But, you’ll need to provide evidence to support your case and show that it is not necessary to appeal the TPO or preservation order isn’t needed.
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 removal of the tree then you must request permission and submit the evidence needed to prove your case.
Conclusion
To conclude, knowing if a tree is protected is an essential step in ensuring that tree work is carried out legally. By understanding the different types of protection and how to determine if they are protected, you can ensure that you’re in compliance with the law and protecting the trees in your care. If you’re unsure of the nature of the protection of trees, we suggest seeking professional advice from an experienced tree expert, such as Expert Tree Services Brisbane. Our experienced arborists will be able to inform you on the protection status of your trees and walk you through the necessary steps to ensure that you are acting within the laws. With our experience and dedication to providing high-quality tree services We can assist you to keep the beauty and value that your trees have. Contact us now by phone at 0485 882825 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.
