What is the definition of a tree that should be protected and How to Find Out

Name: Tree Removal Brisbane QLD
Brand: Brisbane Tree Removal Experts
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Posted by Brisbane Tree Removal Experts on 1 May 2025

Trees play an important part in the environment as they provide shade, clean air, and aesthetic value to our surroundings. However there are a few trees that aren’t identical and some are granted extra protection status, which makes it illegal to carry out any work without permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree in question and the steps you have to take to ensure compliance with the legal requirements. In this article, we’ll help you understand the process of determining whether trees are safe and exactly what steps you have take to be sure that you are following the law.

What exactly is a tree that is protected?

A protected tree is subject to specific legal restrictions, and it’s illegal to do work on such a tree without obtaining the necessary permissions. There are two types of protection that trees could be protected by - preservation orders and protection orders.

Statutory protection

As a matter of statutory protection, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees with a significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Preservation orders for trees are considered to be of exceptional value and are protected from any kind of work, including the felling.

What can I do to determine whether a tree is safe?

To determine if a tree is protected, you must to check if it is under an TPO or preservation or protection order. This can be accomplished by contacting the municipal authority, and asking them to check their archives.

TPO search

To find the TPO You can reach your local Tree and Woodland Officer from the local authority. They will inform you if the tree is protected. They’ll also be able advise you on the next steps you should follow if the tree is protected.

Preservation order search

To search for a preservation order you’ll need to call the Secretary of State for the Environment. They will be able to tell you if the tree is protected and give you the necessary information and guidance.

FAQs:

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

If you do work on a tree that is protected without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.

Can I appeal an TPO or preservation order?

Yes, you can appeal a TPO or preservation order if you believe that it is not justified. You will have be able to present evidence to back your argument and demonstrate your argument as to why the TPO or the preservation decision isn’t necessary.

Can I remove a protected tree?

It is against the law to remove protected trees without the necessary permissions. If you require the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.

Conclusion

To conclude, knowing if a tree is protected is a crucial aspect in ensuring that tree work is carried out legally. If you know the various types of protection and how to check for them, you can ensure that you’re following the law and safeguarding the trees you care for. If you are unsure about the nature of the protection of a tree, we recommend seeking advice from a reputable tree specialist, such as Brisbane Tree Removal Experts. Our arborists are experienced and will be able to advise you regarding the status of protection of your trees, and will guide you through the necessary steps to make sure you’re complying with the legal guidelines. With our knowledge and dedication to providing high-quality tree services, we can help you maintain the beauty and worth for your tree. Contact us now by calling 0485 882 829 to schedule a appointment, and let us assist you to ensure that your trees are protected and healthy.

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

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