How do you determine whether a Tree is protected before removing it
Trees play an essential role in our environment by providing shade, fresh 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 carry out any work without obtaining permission. If you are considering having a tree removed, it’s essential to understand the protection status of the tree you’re considering and the steps you have to take to ensure compliance with the legal requirements. In this article, we will guide you through the process of determining whether a tree is secured and the steps you need to do to ensure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal controls and it is unlawful to do works on a tree without the required 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
Under statutory protection trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and ensure they are not destroyed or damaged.
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 have an exceptional value and are shielded from any kind of work, including cutting down.
How do I know if a tree is protected?
To determine if trees are protected, you must to verify if it’s in the process of being subject to a TPO or preservation orders. This can be accomplished by contacting your local authority and asking them to search their records.
TPO search
If you want to find an TPO You can reach your local Tree and Woodland Officer from your local authority. They can inform you whether the tree is protected. They will also be able to guide 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’ll need to call Secretary of State, Department of the Environment. They will tell you if the tree is protected and will provide the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a tree that is protected without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.
Can I contest a TPO and/or preservation order?
Yes, you can appeal an appeal of a TPO or preservation order if it’s not justifiable. However, you will need be able to present evidence to back your argument and demonstrate your argument as to why it is not necessary to appeal the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining the necessary permissions. If you require the tree to be removed, you will need to request permission and submit the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial aspect in ensuring that tree work is carried out legally. Understanding the different kinds of protection and how to determine if they are protected, you can ensure that you are acting within the law and protecting the trees that you are responsible for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking professional advice from a reputable tree specialist such as Sydney Tree Removal Arborists. Our team of experienced arborists will be able to advise you on the protection status of your trees and guide you through the steps to ensure you are complying with the law. With our experience and dedication to providing top-quality tree care We can assist you to maintain the beauty and value of your trees. Contact us today at 1300 636 143 to schedule a consultation and let us assist you to keep your trees protected and healthy.