What Makes a Tree Protected and How to Find Out
Trees play an essential role in our environment as they provide shade, clean air, and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is essential to know the protection status of the tree being considered, and the steps you need to take to ensure compliance with the legal requirements. The following article we’ll help you understand the steps to determine if trees are safe and exactly what steps you need take to be sure you comply with the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations It is illegal to carry out work on such a tree without having the appropriate permissions. There are two types of protection a tree may have - statutory protection and preservation orders.
Protection under the law
Under legal protection trees are protected under laws and under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are set up through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional value and are protected from all work, which includes cutting down.
What can I do to determine if a tree is protected?
To determine if the tree is protected, you need to determine if the tree is subject to a TPO or preservation orders. It is done by contacting your local authority and asking them to check their archives.
TPO search
To search for the TPO You can reach an Tree and Woodland officer of the local authority. They will inform you whether the tree is in the protection. They will also be able advise you on the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation order you’ll need to call the Secretary of State for the Environment. They will determine whether the tree is in the protected zone and provide you with the necessary information and guidance.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you carry out work on a tree that is protected without the appropriate authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest an TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation decision if you feel it is unjustified. But, you’ll need to provide evidence to support your claim and explain your argument as to why you believe that the TPO or order to preserve is not necessary.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining the necessary permissions. If you want the tree to be removed, you will need to seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if a tree is protected is a vital step to ensure that tree work is legally completed. By understanding the different types of protection and the best way to check for them, you can ensure that you’re in compliance with the law and are protecting the trees you care for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest consulting an experienced tree expert, such as Professional Tree Removal Brisbane. Our experienced arborists will be able to advise you on the protection status of your trees and guide you through the required steps to make sure you’re complying with the laws. With our expertise and commitment to providing top-quality tree care we will help you preserve the beauty and value that your trees have. Contact us today at 1300 479 169 to schedule a consultation, and let us help you keep your trees safe and healthy.