The Consequences of Removing a Protected Tree and How to Avoid them

Name: Tree Removal Wollongong NSW
Brand: Wollongong Tree Removal
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Posted by Wollongong Tree Removal on 17 Aug 2024

Trees play an important role in our environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree in question, and the steps you need to take to comply with the law. The following article we’ll walk you through the process of determining whether a tree is secured and the steps you will need to do to ensure that you are following the law.

What exactly is a tree that is protected?

A protected tree is one that can be subject to specific legal controls and it is unlawful to works on a tree without having the appropriate permissions. There are two types of protection that a tree could be protected by - preservation orders and protection orders.

Legal protection

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

Preservation orders

Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from any kind of work, including the felling.

What can I do to determine if a tree is protected?

To determine if a tree is protected, you must to check if it is subject to an TPO or preservation or protection order. It is done by contacting the municipal authority, and asking them to look up their records.

TPO search

To find an TPO, you can contact your local Tree or Woodland Official from the local authority. They can inform you whether the tree is in the protection. They’ll also be able advise you on the next steps you should follow if the tree is protected.

Preservation order search

If you are looking for a preservation permit, you must contact secretary of state for Environment. They will be able to determine whether the tree is in the protected zone and give you the necessary information and guidance.

FAQs:

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

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

Can I appeal an TPO Or preservation or TPO?

Yes, you are able to appeal to a TPO or preservation or TPO if it’s not justifiable. But, you’ll need be able to present evidence to back your argument and demonstrate why it is not necessary to appeal the TPO or order to preserve isn’t necessary.

Can I cut down a tree that is protected tree?

It is illegal to remove a protected tree without obtaining the required permissions. If you want the tree to be removed then you must apply for permission and provide proof to back your claim.

Conclusion

In the end, determining if a tree is protected is a crucial step in ensuring that any tree work carried out legally. If you know the various types of protection and the best way to determine if they are protected to ensure you are acting within the law and protecting the trees in your care. If you’re not sure about the status of protection for a tree, we recommend seeking advice from an experienced tree expert like Wollongong Tree Removal. Our experienced arborists will be able to advise you on the protection status of your trees and walk you through the necessary steps to make sure you’re following the legal guidelines. With our expertise and commitment to provide high-quality tree services, we can help you maintain the beauty and value that your trees have. Call us now at 02 4203 3595 to schedule a consultation and let us assist you to keep your trees safe and healthy.

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

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