A Beginner's Introduction to Understanding Protected Trees
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Trees play an important contribution to our ecosystem by providing shade, fresh air and aesthetic value our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is essential to know the protection status of the tree you’re considering, and the steps you need to take to comply with the laws. This article we will guide you through the process of determining whether the tree is protected and what you will need to do to ensure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific laws and regulations and it is unlawful to work on a protected tree without obtaining the necessary permissions. There are two types of protection that a tree may have - preservation and protection orders that are statutory.
Protection under the law
As a matter of legal protection trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any work, including cutting down.
What can I do to determine when a tree is in danger?
To determine whether trees are protected, you will need to check if it is 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 for records.
TPO search
If you want to find an TPO to locate one, contact the Tree or Woodland Official of your local authority, who will inform you whether the tree is in the protection. They will also be able to advise you on the next steps you should do if your tree is in a protected area.
Preservation order search
In order to search for a preservation order you must contact secretary of state for Environment. They will be able to determine if the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you do work on a protected tree without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.
Can I appeal a TPO and/or preservation order?
You can appeal to a TPO or preservation order if you believe that it is not justified. You will have be able to present evidence to back your claim and explain that it is not necessary to appeal the TPO or order to preserve isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down a protected tree without obtaining the necessary permissions. If you require removal of the tree it is necessary to request permission and submit evidence to support your case.
Conclusion
To conclude, knowing if a tree is protected is an essential aspect in ensuring that any tree work is carried out legally. Understanding the different kinds of protection, and knowing how to identify them, you can ensure that you’re in compliance with the law and protecting the trees you care for. If you are unsure about the protection status of a tree, we recommend consulting an expert in tree care such as Sydney Tree Removal Arborists. Our experienced arborists can advise you on the protection status of your trees and guide you through the steps to make sure you’re complying with the law. With our experience and dedication to provide high-quality tree services, we can help you keep the beauty and worth that your trees have. Contact us today at 1300 636 143 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.