A Beginning's Guide to Understanding Protected Trees
Trees play an important contribution to our ecosystem by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to perform any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree being considered, and the steps you need to take to comply with the legal requirements. In this article, we will guide you through the steps to determine if a tree is safe and exactly what steps you have be doing to make sure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree is subject to specific legal controls, and it’s illegal to do work on such a tree without having the appropriate permissions. There are two types of protection a tree may have - preservation and protection orders that are statutory.
Statutory protection
As a matter of statutory protection trees are protected under law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are set up from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are protected from any kind of work, including felling.
How do I know when a tree is in danger?
To determine whether trees are protected, you need to check if it is in the process of being subject to an TPO or preservation order. This can be accomplished by contacting your municipal authority, and asking them to look up their records.
TPO search
To find the TPO, you can contact an Tree and Woodland Officer at the local authority. They can inform you whether the tree is protected. They’ll also be able to advise you on the next steps you should follow if the tree is protected.
Preservation order search
If you are looking for a preservation order, you must contact the Secretary of State for the Environment. They will be able to inform you if the tree is protected and provide you with the required information and guidelines.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a protected tree without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
Yes, you are able to appeal a TPO or preservation decision if you believe it is unjustified. However, you will need to prove your case and show your argument as to why you believe that the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is against the law to remove protected trees without the required permissions. If you need removal of the tree, you will need to request permission and submit the evidence needed to prove your case.
Conclusion
To conclude, knowing if the tree is protected is an essential step in ensuring that any tree work is legally completed. By understanding the different types of protection and the best way to determine if they are protected to ensure you’re following the law and safeguarding the trees you care for. If you’re not sure about the nature of the protection of trees, we suggest consulting a reputable tree specialist such as Sydney Tree Lopping. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees and walk you through the steps to ensure you are complying with the law. With our knowledge and dedication to providing high-quality tree services we will help you maintain the beauty and worth of your trees. Contact us today by phone at 1300 274 346 to schedule a consultation, and let us assist you to keep your trees protected and healthy.