What Makes a Tree Protected and how to find out

Posted by Professional Tree Removal Brisbane on 21 May 2026

Trees play an important contribution to our ecosystem by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to do any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree being considered and what steps you’ll need to take to ensure compliance with the law. The following article we’ll guide you through the process of discovering whether the tree is safe and exactly what steps you need take to be sure you comply with the law.

What is a protected tree?

A protected tree is one that can be subject to specific legal restrictions It is illegal to works on a tree without obtaining the necessary permissions. There are two types of protection that trees could be protected by - preservation and protection orders that are statutory.

Protection under the law

In the context of legal protection, trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities 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 similar to TPOs , but are put in place from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are shielded from all work, which includes cutting down.

How can I tell if a tree is protected?

To determine whether the tree is protected, you must to check if it is subject to an TPO or preservation order. This can be done by contacting your authorities in your area and asking them check for records.

To find a TPO You can reach the Tree and Woodland Officer of your local authority. They will be able to tell you if the tree is protected. They’ll also be able to advise you about the next steps to do if your tree is in a protected area.

In order to search for a preservation order, you must contact the Secretary of State for the Environment. They will be able to tell you if the tree is protected and will provide the information you require and direction.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you work on a tree that is protected without the proper permissions, you could face significant fines, and possibly even jail time.

Can I contest a TPO and/or preservation order?

Yes, you can appeal to a TPO or preservation decision if that it is not justified. However, you will need to provide evidence to support your claim and explain why you believe that the TPO or preservation order isn’t necessary.

Can I remove a protected tree?

It is illegal to remove protected trees without the necessary permissions. If you want the tree to be removed it is necessary to apply for permission and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether trees are protected is an essential step in ensuring that any tree work legally completed. Understanding the different kinds of protection and how to determine if they are protected to ensure you’re in compliance with the law and are protecting the trees in your care. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist like Professional Tree Removal Brisbane. Our arborists are experienced and can advise you about the protection status of your trees and walk you through the necessary steps to ensure that you are complying with the laws. With our expertise and commitment to provide high-quality tree services we will help you maintain the beauty and value of your trees. Call us now by phone at 1300 479 169 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.

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