How to Determine if a Tree is Protected before removing it

Name: Tree Services Brisbane QLD
Brand: Local Tree Services Brisbane
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Posted by Local Tree Services Brisbane on 10 Sep 2025

Trees play an important role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However they are not all identical and some are granted 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 status of protection for the tree in question, and the steps you need to take to ensure compliance with the legal requirements. This article we’ll walk you through the process of determining whether the tree is safe and exactly what steps you have be doing to make sure you are acting within the law.

What is a protected tree?

A protected tree is one that has been subjected to certain legal controls It is illegal to work on such a tree without having the appropriate permissions. There are two types of protection that a tree might have: preservation orders and protection orders.

Protection under the law

Under legal protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are issued 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 by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional worth and are therefore protected from all work, which includes the felling.

How can I tell whether a tree is safe?

To determine whether trees are protected, you need to determine if the tree is subject to a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them check for records.

TPO search

To search for the TPO to locate one, contact an Tree and Woodland Officer of your local authority, who will be able to tell you if the tree is protected. They will also be able to guide you about the next steps to take if the tree is protected.

Preservation order search

If you are looking for a preservation order you must contact Secretary of State, Department of the Environment. They will be able to tell you whether the tree is in the protected zone and give you the required information and guidelines.

FAQs:

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

If you carry out work on a protected tree without the appropriate permits, you could be facing significant fines, and possibly even jail time.

Can I appeal a TPO and/or preservation order?

Yes, you can appeal a TPO or preservation order if you believe it’s not justifiable. But, you’ll need to provide evidence to support your argument and demonstrate your argument as to why you believe that the TPO or preservation order isn’t necessary.

Can I take down a protected tree?

It is against the law to remove trees that are protected without the necessary permissions. If you require removal of the tree it is necessary to seek permission from the council and provide proof to back your claim.

Conclusion

In conclusion, discovering whether the tree is protected is a vital step in ensuring that tree work is carried out legally. If you know the various types of protection and how to determine if they are protected, you can ensure that you are acting within the law and protecting the trees you care for. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest consulting an experienced tree expert, such as Local Tree Services Brisbane. Our experienced arborists will be able to advise you on the protection status of your trees, and will guide you through the required steps to make sure you’re acting within the legal guidelines. With our experience and dedication to providing high-quality tree services We can assist you to maintain the beauty and value for your tree. Contact us today by calling 0485 882 830 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.

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

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