How to Determine the extent of protection a tree has before removing it

Name: Tree Removal Brisbane QLD
Brand: Brisbane Tree Removal Experts
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Posted by Brisbane Tree Removal Experts on 3 Aug 2024

Trees play a crucial role in our environment as they provide shade, clean air, and aesthetic value to our surroundings. However they are not all identical and some are granted additional protection status, making it illegal to carry out any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree being considered and what steps you’ll need to take to ensure compliance with the laws. In this article, we’ll walk you through the process of determining whether a tree is secured and the steps you have to do to ensure you are following the law.

What is a protected tree?

A protected tree is one that is subject to specific legal controls, and it’s illegal to work on a protected tree without the required permissions. There are two types of protection a tree could be protected by - statutory protection and preservation orders.

Statutory protection

As a matter of the law trees are protected under 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 issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from all work, which includes felling.

How can I tell if a tree is protected?

To determine whether the tree is protected, you must to verify if it’s subject to an TPO or preservation or protection order. This can be done by contacting the municipal authority, and asking them to search their records.

TPO search

If you want to find the TPO, you can contact the Tree and Woodland officer of your local authority, who can inform you whether the tree is in the protection. They’ll also be able to advise you about the next steps to do if your tree is in a protected area.

Preservation order search

If you are looking for a preservation order, you’ll need to call the Secretary of State for the Environment. They will inform you if the tree is protected and give you the information you require and direction.

FAQs:

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

If you do work on a tree that is protected without the proper permissions, you could face massive fines or even prison.

Can I contest a TPO and/or preservation order?

Yes, you are able to appeal a TPO or preservation or TPO if you feel it is unjustified. However, you will need be able to present evidence to back your argument and demonstrate that the TPO or order to preserve isn’t needed.

Can I take down a protected tree?

It is illegal to remove a protected tree without obtaining the required permissions. If you need 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 trees are protected is a vital step in ensuring that any tree work is carried out legally. By understanding the different types of protection, and knowing how to identify them, you can ensure that you are acting within the law and safeguarding the trees that you are responsible for. If you’re unsure of the nature of the protection of trees, we suggest seeking professional advice from an experienced tree expert, such as Brisbane Tree Removal Experts. Our experienced arborists will be able to advise you on the protection status of your trees, and will guide you through the steps to make sure you’re acting within the laws. With our knowledge and dedication to providing high-quality tree services we will help you preserve the beauty and value for your tree. Contact us now by calling 0485 882 829 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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