The Consequences of Destroying a Protected Tree and How to Avoid Them
Trees play an important role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to carry out any activity without authorization. If you’re considering having a tree removed it is essential to know the status of protection for the tree you’re considering, and the steps you have to follow to be in compliance with the legal requirements. In this article, we’ll walk you through the process of discovering whether a tree is secured and the steps you will need be doing to make sure you are following the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal controls and it is unlawful to do work on such a tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - preservation and protection orders that are statutory.
Legal protection
As a matter of statutory protection trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from all work, which includes cutting down.
How can I tell whether a tree is safe?
To determine whether the tree is protected, you will need to determine if the tree is subject to a TPO or preservation orders. This can be done by contacting the authorities in your area and asking them check their archives.
TPO search
To find an TPO, you can contact an Tree or Woodland Official at your local authority. They can inform you whether the tree is in the protection. They’ll also be able to guide you on the next steps to take if the tree is protected.
Preservation order search
In order to search for a preservation order you’ll need to call Secretary of State, Department of the Environment. They will determine if the tree is protected and will provide the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you do work on a protected tree without obtaining the necessary permissions, you could face massive fines or even prison.
Can I appeal to a TPO or preservation order?
Yes, you can appeal an appeal of a TPO or preservation order if you believe that it is not justified. But, you’ll need to prove your case and show why the TPO or order to preserve is not necessary.
Can I take down a protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you require the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
To conclude, knowing if trees are protected is an essential aspect in ensuring that any tree work is legally completed. By understanding the different types of protection, and knowing how to determine if they are protected it is possible to be sure that you’re in compliance with the law and are protecting the trees you care for. If you’re not sure about the status of protection for trees, we suggest seeking advice from a reputable tree specialist like Hawkesbury Tree Pruning. Our arborists are experienced and can advise you regarding the status of protection of your trees and walk you through the required steps to make sure you’re complying with the law. With our knowledge and dedication to providing top-quality tree care We can assist you to keep the beauty and worth that your trees have. Call us now at 0480 024 203 to schedule a appointment, and let us help you keep your trees safe and healthy.