What makes a tree protected and How to Find Out
Trees play an essential part in the environment as they provide shade, clean air and aesthetic value our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to perform 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 being considered and the steps you need to take to comply with the laws. This article we’ll help you understand the steps to determine if a tree is secured and the steps you need to do to ensure that you comply with the law.
What is a protected tree?
A protected tree is one that is subject to specific legal restrictions and it is unlawful to carry out work on such a tree without the required permissions. There are two kinds of protection that trees may have - statutory protection and preservation orders.
Legal protection
As a matter of statutory protection trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from all work, which includes felling.
How do I know if a tree is protected?
To determine if the tree is protected, you need to verify if it’s in the process of being subject to a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them look up their archives.
TPO search
To search for an TPO, you can contact your local Tree or Woodland Official at the local authority. They will be able to tell 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 in a protected area.
Preservation order search
To search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will be able to determine whether the tree is in the protected zone and give you the information you require and direction.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I contest to a TPO Or preservation or TPO?
Yes, you are able to appeal an appeal of a TPO or preservation order if you feel it is unjustified. However, you will need to prove your case and show your argument as to why the TPO or the preservation decision is not necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove a protected tree without obtaining the necessary permissions. If you want removal of the tree, you will need to apply for permission and provide the evidence needed to prove your case.
Conclusion
In the end, determining if trees are protected is a vital step to ensure that tree work is carried out legally. If you know the various types of protection and the best way to check for them it is possible to be sure that you’re in compliance with the law and safeguarding the trees that you are responsible for. If you’re not sure about the nature of the protection of trees, we suggest seeking advice from a reputable tree specialist such as Northern Beaches Tree Lopping Sydney. Our team of experienced arborists can advise you regarding the status of protection of your trees, and will guide you through the required steps to ensure you are acting within the laws. With our expertise and commitment to provide high-quality tree services we will help you maintain the beauty and worth that your trees have. Call us now by calling 1300 941 639 to schedule a consultation, and let us assist you to keep your trees safe and healthy.