The importance of Proper Tree Identification: How to Know whether a Tree is protected

Name: Tree Lopping Sydney NSW
Brand: Sydney Tree Lopping
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Posted by Sydney Tree Lopping on 28 Jun 2024

Trees play a crucial role in our environment as they provide shade, clean 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 crucial to be aware of the protection status of the tree you’re considering, and what steps you’ll need to take to comply with the legal requirements. In this article, we’ll guide you through the steps to determine if a tree is secured and the steps you need to do to ensure you are acting within the law.

What exactly is a tree that is protected?

A protected tree is one that is subject to specific legal controls, and it’s illegal to work on a protected tree without the required permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.

Protection under the law

In the context of legal protection, trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant public value and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from all work, which includes cutting down.

How can I tell if a tree is protected?

To determine whether a tree is protected, you will need to verify if it’s under an TPO or preservation orders. It is done by contacting your local authority and asking them to search for records.

TPO search

To search for the TPO, you can contact your local Tree and Woodland Officer at your local authority. They will inform you whether the tree is in the protection. They will also be able advise you about the next steps to take if the tree is in a protected area.

Preservation order search

If you are looking for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They will inform you whether the tree is protected and provide you with the necessary information and guidance.

FAQs:

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

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

Can I appeal a TPO and/or preservation order?

You can appeal an appeal of a TPO or preservation decision if you feel it’s not justifiable. However, you will need to prove your argument and demonstrate your argument as to why the TPO or the preservation decision isn’t needed.

Can I remove a protected tree?

It is unlawful to take down a protected tree without obtaining the required permissions. If you require the tree to be removed then you must apply for permission and provide evidence to support your case.

Conclusion

In the end, determining if a tree is protected is a crucial aspect in ensuring that any tree work is carried out legally. Understanding the different kinds of protection and the best way to check for them it is possible to be sure that you’re in compliance with the law and are protecting the trees in your care. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care such as Sydney Tree Lopping. Our experienced arborists will be able to advise you on the protection status of your trees and walk you through the necessary steps to ensure that you are acting within the legal guidelines. With our experience and dedication to providing top-quality tree care, we can help you maintain the beauty and value that your trees have. Contact us today at 1300 274 346 to schedule a appointment, and let us help you keep your trees safe and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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