What is the definition of a tree that should be protected and how to find out

Posted by Sydney Eastern Suburbs Tree Lopping on 27 Jul 2025

Trees play a crucial 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 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 comply with the law. In this article, we will help you understand the steps to determine if the tree is protected and what you will need to do to ensure you are following the law.

What is a protected tree?

A protected tree has been subjected to certain laws and regulations It is illegal to do work on such a tree without having the appropriate permissions. There are two kinds of protection that trees could be protected by - statutory protection and preservation orders.

In the context of statutory protection trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from any kind of work, including felling.

What can I do to determine if a tree is protected?

To determine if the tree is protected, you will need to verify if it’s subject to the protection of a TPO or preservation order. It is done by contacting the authorities in your area and asking them search for records.

To find an TPO to locate one, contact your local Tree and Woodland officer at your local authority, who will be able to tell you if the tree is protected. They’ll also be able to advise you about the next steps to take if the tree is protected.

In order to search for a preservation order you will need to contact secretary of state for Environment. They will tell you if the tree is protected and will provide the necessary information and guidance.

FAQs:

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

If you work on a protected tree without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.

Can I contest an TPO or preservation order?

You can appeal to a TPO or preservation or TPO if you feel that it is not justified. However, you will need to provide evidence to support your case and show your argument as to why you believe that the TPO or preservation order is not necessary.

Can I remove a protected tree?

It is unlawful to take down trees that are protected without the required permissions. If you require removal of the tree, you will need 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 any tree work legally completed. Understanding the different kinds of protection and how to determine if they are protected, you can ensure that you’re in compliance with the law and protecting the trees you care for. If you’re not sure about the protection status of trees, we suggest consulting a reputable tree specialist such as Sydney Eastern Suburbs Tree Lopping. Our experienced arborists will be able to advise you regarding the status of protection of your trees, and will guide you through the steps to make sure you’re following the laws. With our expertise and commitment to providing high-quality tree services We can assist you to keep the beauty and value for your tree. Contact us today by calling 1300 514 819 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.

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