The Protection of Trees: A Step-by-Step Guide for Understanding Protected Status
Trees play an important part in the environment as they provide shade, clean air and aesthetic value to our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to perform any work without permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree you’re considering and the steps you need to follow to be in compliance with the law. The following article we’ll guide you through the steps to determine if trees are protected and what you have be doing to make sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain legal controls, and it’s illegal to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - preservation and protection orders that are statutory.
Protection under the law
As a matter of the law trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from any work, including the felling.
How do I know if a tree is protected?
To determine whether trees are protected, you will need to determine if the tree is in the process of being subject to the protection of a TPO or preservation order. This can be done by contacting your authorities in your area and asking them look up their records.
TPO search
If you want to find a TPO, you can contact an Tree and Woodland Officer at your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to guide you on the next steps you should 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, Department of 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 proper permits, you could be facing significant fines, and possibly even jail time.
Can I contest a TPO or preservation order?
You can appeal an appeal of a TPO or preservation decision if you believe it’s not justifiable. But, you’ll need to provide evidence to support your claim and explain your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t needed.
Can I remove a protected tree?
It is illegal to remove trees that are protected without the necessary permissions. If you need 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 a tree is protected is an essential aspect in ensuring that any tree work is legally completed. If you know the various types of protection, and knowing how to check for them it is possible to be sure that you’re in compliance with the law and are protecting the trees you care for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist, such as Sydney Eastern Suburbs Tree Lopping. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and walk you through the steps to ensure 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 value of your trees. Contact us now at 1300 514 819 to schedule a appointment, and let us assist you to keep your trees protected and healthy.