What Makes a Tree Protected and How Do I Find Out

Posted by Local Tree Services Brisbane on 14 Jan 2025

Trees play an important contribution to our ecosystem, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to perform any work without permission. If you are considering having a tree removed it is essential to know the status of protection for the tree in question, and the steps you have to take to comply with the laws. This article we will walk you through the steps to determine if trees are secured and the steps you need be doing to make 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 works on a tree without obtaining the necessary permissions. There are two types of protection a tree may have - preservation and protection orders that are statutory.

Statutory protection

As a matter of statutory 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 of significant public value and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs but are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes 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 under the protection of a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them search their records.

If you want to find a TPO to locate one, contact your local Tree or Woodland Official at your local authority. They can inform you whether the tree is protected. They will also be able to advise you on the next steps to do if your tree is protected.

If you are looking for a preservation order you will need to contact the Secretary of State for the Environment. They will inform you whether the tree is in the protected zone and provide you with the required information and guidelines.

FAQs:

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

If you do work on a tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.

Can I appeal a TPO Or preservation or TPO?

You can appeal to a TPO or preservation or TPO if you feel it’s not justifiable. You will have to provide evidence to support your case and show your argument as to why the TPO or the preservation decision isn’t needed.

Can I cut down a tree that is protected tree?

It is against the law to remove trees that are protected without the necessary permissions. If you need removal of the tree, you will need to request permission and submit proof to back your claim.

Conclusion

In the end, determining if a tree is protected is a vital aspect in ensuring that tree work is carried out legally. Understanding the different kinds of protection and the best way to determine if they are protected, you can ensure that you’re in compliance with the law and protecting the trees in your care. If you are unsure about the nature of the protection of a tree, we recommend seeking professional advice from an experienced tree expert such as Local Tree Services Brisbane. Our experienced arborists can advise you about the protection status of your trees, and will guide you through the necessary steps to ensure that you are complying with the legal guidelines. With our experience and dedication to provide high-quality tree services, we can help you preserve the beauty and worth that your trees have. Contact us today by phone at 0485 882 830 to schedule a consultation, and let us assist you to keep your trees protected and healthy.

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