A Beginning's Introduction to Understanding Protected Trees

Posted by Local Tree Services Brisbane on 14 Jan 2025

Trees play an important part in the environment, providing shade, clean air and aesthetic value our surroundings. However they are not all equal and some carry additional protection status, making it illegal to carry out any activity without authorization. If you are considering having a tree removed it is essential to know the status of protection for the tree being considered and the steps you need to follow to be in compliance with the laws. The following article we will help you understand the process of determining whether trees are safe and exactly what steps you will need take to be sure you are following the law.

What is a protected tree?

A protected tree is subject to specific legal restrictions, and it’s illegal to do work on such a tree without obtaining the necessary permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.

As a matter of legal protection, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees with a significant public value and to ensure that they do not get destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are issued through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional value and are protected from any work, including the felling.

How can I tell when a tree is in danger?

To determine if a tree is protected, you must to verify if it’s in the process of being subject to the protection of a TPO or preservation order. It is done by contacting the municipal authority, and asking them to look up their archives.

To search for an TPO, you can contact an Tree or Woodland Official of your local authority, who will be able to tell you whether the tree is in the protection. They will also be able to advise you on the next steps you should take if the tree is in a protected area.

To search for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They will be able to inform you whether the tree is protected and give you the required information and guidelines.

FAQs:

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

If you carry out work on a protected tree without obtaining the necessary permissions, you could face substantial fines and even imprisonment.

Can I contest to a TPO Or preservation or TPO?

Yes, you are able to appeal an appeal of a TPO or preservation order if it is unjustified. You will have be able to present evidence to back your argument and demonstrate why you believe that the TPO or the preservation decision isn’t needed.

Can I remove a protected tree?

It is unlawful to take down trees that are protected without the required permissions. If you want removal of the tree, you will need to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

To conclude, knowing if trees are protected is a crucial step to ensure that any 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 in compliance with the law and protecting the trees that you are responsible for. If you’re unsure of the protection status of a tree, we recommend consulting an expert in tree care, such as Local Tree Services Brisbane. Our arborists are experienced and will be able to inform you about the protection status of your trees, and will guide you through the required steps to make sure you’re acting within the laws. With our experience and dedication to providing high-quality tree services we will help you keep the beauty and value for your tree. Contact us today by phone at 0485 882 830 to schedule a appointment, and let us help you keep your trees protected and healthy.

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