What Makes a Tree Protected and How Do I Find Out
Trees play an important part in the environment as they provide shade, clean air and aesthetic value our surroundings. However they are not all equal and some carry extra protection status, which makes it illegal to do any activity without authorization. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree in question, and what steps you’ll need to take to comply with the legal requirements. In this article, we will walk you through the process of determining whether trees are protected and what you have to do to ensure that you are following the law.
What is a protected tree?
A protected tree has been subjected to certain legal controls, and it’s illegal to do work on a protected tree without the required permissions. There are two types of protection a tree could be protected by - statutory protection and preservation orders.
Legal protection
Under legal protection, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities 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 set up through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to have exceptional value and are shielded from any kind of work, including cutting down.
How can I tell when a tree is in danger?
To determine whether the tree is protected, you need to check if it is under the protection of a TPO or preservation orders. It is done by contacting your municipal authority, and asking them to look up their records.
TPO search
To search for the TPO You can reach an Tree or Woodland Official of the local authority. They will inform you whether the tree is protected. They will also be able to advise you on the next steps to follow if the tree is protected.
Preservation order search
In order to search for a preservation permit, you will need to contact the Secretary of State for the Environment. They can tell you whether the tree is in the protected zone and provide you with the information you require and direction.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you work on a tree that is protected without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.
Can I contest a TPO Or preservation or TPO?
Yes, you are able to appeal a TPO or preservation decision if it is unjustified. But, you’ll need to prove your argument and demonstrate why you believe that the TPO or the preservation decision isn’t needed.
Can I take down a protected tree?
It is illegal to remove trees that are protected without the required permissions. If you want removal of the tree it is necessary to apply for permission and provide the evidence needed to prove your case.
Conclusion
In the end, determining if a tree is protected is a vital step in ensuring that tree work is legally completed. By understanding the different types of protection, and knowing how to check for them, you can ensure that you’re following the law and are protecting the trees you care for. If you’re not sure about the protection status of a tree, we recommend seeking advice from a reputable tree specialist such as Parramatta Tree Removal. Our experienced arborists can advise you on the protection status of your trees and walk you through the required steps to ensure you are acting within the law. With our expertise and commitment to providing top-quality tree care, we can help you keep the beauty and worth for your tree. Contact us now by calling 1300 636 143 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.