What is the definition of a tree that should be protected and How to Find Out
Trees play a crucial part in the 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 an additional status of protection, making it illegal to carry out any activity without authorization. If you’re considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you need to take to comply with the laws. The following article we’ll guide you through the process of determining whether a tree is protected and what you have be doing to make sure you are acting within the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal restrictions and it is unlawful to do work on such a tree without having the appropriate permissions. There are two kinds of protection that trees may have - preservation orders and protection orders.
Protection under the law
Under the law trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant public value and to ensure that 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. Preservation orders for trees are considered to be of exceptional value and are shielded from any kind of work, including the felling.
How do I know whether a tree is safe?
To determine if a tree is protected, you will need to check if it is in the process of being subject to the protection of a TPO or preservation orders. This can be done by contacting the local authority and asking them to check for records.
TPO search
If you want to find the TPO, you can contact your local Tree and Woodland officer at your local authority, who will inform you whether the tree is in the protection. They’ll also be able to advise you on the next steps to take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order you’ll need to call secretary of state for Environment. They can inform you whether the tree is in the protected zone and provide you with the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a tree that is protected without the proper authorizations, you could be subject to massive fines or even prison.
Can I appeal to a TPO Or preservation or TPO?
You can appeal an appeal of a TPO or preservation order if it is unjustified. However, you will need to prove your argument and demonstrate that the TPO or order to preserve isn’t needed.
Can I take down a protected tree?
It is against the law to remove trees that are protected without the required permissions. If you require removal of the tree it is necessary to request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is an essential step in ensuring that tree work is carried out legally. By understanding the different types of protection and how to check for them it is possible to be sure that you’re following the law and are 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 a reputable tree specialist, such as Local Tree Services Brisbane. Our experienced arborists will be able to advise you about the protection status of your trees and walk you through the steps to make sure you’re complying with the legal guidelines. With our experience and dedication to providing top-quality tree care we will help you maintain the beauty and value of your trees. Contact us now at 0485 882 830 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.