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

Posted by Brisbane Tree Removal Experts on 3 Aug 2024

Trees play a crucial contribution to our ecosystem by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to do any work without obtaining permission. If you are considering having a tree removed, it’s essential to understand the protection status of the tree in question and what steps you’ll need to take to ensure compliance with the laws. This article we will walk you through the steps to determine if trees are protected and what you will need take to be sure you comply with the law.

What is a protected tree?

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

Statutory protection

Under statutory protection, trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect 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 issued from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have an exceptional value and are protected from any work, including cutting down.

How can I tell if a tree is protected?

To determine if a tree is protected, you need to verify if it’s subject to a TPO or preservation or protection order. This can be done by contacting the authorities in your area and asking them look up their archives.

If you want to find an TPO You can reach the Tree and Woodland Officer of your local authority, who can inform you whether the tree is protected. They’ll also be able to guide you on the next steps you should do if your tree is protected.

To search for a preservation order you’ll need to call secretary of state for Environment. They will inform you if the tree is protected and give you the required information and guidelines.

FAQs:

What happens if I carry out work on a tree that is protected without permission?

If you work on a tree that is protected without obtaining the necessary permissions, you could face substantial fines and even imprisonment.

Can I contest to a TPO Or preservation or TPO?

Yes, you can appeal to a TPO or preservation or TPO if you believe it is unjustified. But, you’ll need to prove your claim and explain your argument as to why you believe that the TPO or the preservation decision isn’t necessary.

Can I remove a protected tree?

It is illegal to remove a protected tree without obtaining permission from the appropriate authorities. If you need removal of the tree, you will need to apply for permission and provide proof to back your claim.

Conclusion

To conclude, knowing if a tree is protected is a vital aspect in ensuring that any tree work carried out legally. 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 safeguarding the trees in your care. If you’re not sure about the protection status of a tree, we recommend consulting an expert in tree care, such as Brisbane Tree Removal Experts. Our experienced arborists will be able to inform you about the protection status of your trees and walk you through the steps to make sure you’re acting within the law. With our knowledge and dedication to provide high-quality tree services we will help you maintain the beauty and worth for your tree. Call us now at 0485 882 829 to schedule a appointment, and let us assist you to keep your trees protected and healthy.

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