The Consequences of Destroying the Tree that is Protected and How to Avoid These
Trees play an essential role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to perform any activity without authorization. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree being considered and the steps you have to follow to be in compliance with the legal requirements. In this article, we will help you understand the process of determining whether the tree is protected and what you have to do to ensure you are acting within the law.
What is a protected tree?
A protected tree has been subjected to certain laws and regulations and it is unlawful to works on a tree without the required permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.
Protection under the law
Under statutory protection trees are protected under law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities 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 set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to be of exceptional value and are protected from all work, which includes cutting down.
What can I do to determine whether a tree is safe?
To determine if trees are protected, you will need to verify if it’s subject to the protection of a TPO or preservation orders. This can be done by contacting your authorities in your area and asking them search for records.
TPO search
If you want to find the TPO to locate one, contact your local Tree or Woodland Official of the local authority. They will be able to tell you whether the tree is protected. They will also be able advise you on the next steps you should follow if the tree is in a protected area.
Preservation order search
To search for a preservation order you will need to contact Secretary of State, Department of the Environment. They will tell you if the tree is protected and provide you with the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you do work on a tree that is protected without the proper permits, you could be facing significant fines, and possibly even jail time.
Can I appeal to a TPO or preservation order?
You can appeal an appeal of a TPO or preservation decision if you feel it is unjustified. However, you will need to provide evidence to support your argument and demonstrate your argument as to why you believe that the TPO or preservation order is not necessary.
Can I cut down a tree that is protected tree?
It is illegal to remove trees that are protected without permission from the appropriate authorities. If you need the tree to be removed it is necessary to seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if trees are protected is a vital step in ensuring that tree work is carried out legally. Understanding the different kinds of protection and how to check for them, you can ensure that you’re in compliance with the law and protecting the trees that you are responsible for. If you’re unsure of the status of protection for trees, we suggest seeking advice from a reputable tree specialist like Brisbane Tree Removal Experts. Our experienced arborists can advise you regarding the status of protection of your trees and guide you through the required steps to ensure that you are complying with the legal guidelines. With our knowledge and dedication to providing top-quality tree care we will help you preserve the beauty and value that your trees have. Contact us now at 0485 882 829 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.