What Makes a Tree Protected and How Do I Find Out

Name: Tree Pruning Hawkesbury NSW
Brand: Hawkesbury Tree Pruning
Rating: 4.9 (38 reviews)

Posted by Hawkesbury Tree Pruning on 11 Dec 2024

Trees play an essential part in the environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to perform any work without obtaining permission. If you are considering having a tree removed it is essential to know the status of protection for the tree being considered and the steps you have to take to ensure compliance with the legal requirements. In this article, we will walk you through the process of discovering whether trees are secured and the steps you need take to be sure that you comply with the law.

What exactly is a tree that is protected?

A protected tree is one that is subject to specific legal restrictions and it is unlawful to carry out work on a protected tree without obtaining the necessary permissions. There are two kinds of protection a tree may have - preservation and protection orders that are statutory.

Statutory protection

Under statutory protection, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs , but are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from any work, including cutting down.

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

To determine whether a tree is protected, you need to verify if it’s under the protection of a TPO or preservation or protection order. This can be accomplished by contacting the local authority and asking them to look up their archives.

TPO search

To search for the TPO to locate one, contact an Tree and Woodland Officer of your local authority. They can inform you if the tree is protected. They’ll also be able to guide you about the next steps to follow if the tree is in a protected area.

Preservation order search

If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They will be able to inform you whether the tree is protected and provide you with the required information and guidelines.

FAQs:

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

If you carry out work on a protected tree without the appropriate permissions, you could face significant fines, and possibly even jail time.

Can I appeal to a TPO and/or preservation order?

Yes, you can appeal a TPO or preservation order if you believe it is unjustified. But, you’ll need to provide evidence to support your case and show that the TPO or order to preserve isn’t necessary.

Can I cut down a tree that is protected tree?

It is against the law to remove protected trees without the required permissions. If you require removal of the tree it is necessary to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether the tree is protected is a vital step to ensure that tree work is legally completed. By understanding the different types of protection and how to check for them, you can ensure that you’re following the law and safeguarding the trees that you are responsible for. If you’re unsure of the status of protection for trees, we suggest seeking professional advice from an experienced tree expert such as Hawkesbury Tree Pruning. Our experienced arborists will be able to advise you about the protection status of your trees and guide you through the necessary steps to ensure that you are complying with the laws. With our knowledge and dedication to providing high-quality tree services, we can help you keep the beauty and value that your trees have. Call us now by calling 0480 024 203 to schedule a consultation and let us guide you on how 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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