Avoiding the Tree Removal Mistakes that can be made: How to Know if a Tree is Protected

Trees play a crucial part in the environment, providing shade, clean air and aesthetic value our surroundings. However they are not all identical and some are granted additional protection status, making it illegal to perform any work without obtaining 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 laws. This article we will walk you through the steps to determine if trees are safe and exactly what steps you have to do to ensure you are acting within the law.
What is a protected tree?
A protected tree is subject to specific laws and regulations, and it’s illegal to do work on such a tree without having the appropriate permissions. There are two kinds of protection that a tree could be protected by - statutory protection and preservation orders.
Protection under the law
Under statutory protection trees are protected by the law, and they are 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 ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are put in place from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are protected from any kind of work, including felling.
How do I know when a tree is in danger?
To determine whether the tree is protected, you need to determine if the tree is in the process of being subject to the protection of a TPO or preservation order. It is done by contacting the local authority and asking them to look up their archives.
TPO search
To find the TPO, you can contact the Tree and Woodland officer from your local authority, who can inform you whether the tree is protected. They’ll also be able to guide you on the next steps to take if the tree is protected.
Preservation order search
To search for a preservation order you must contact Secretary of State, Department of the Environment. They will determine whether the tree is protected 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 do work on a tree that is protected without the appropriate permissions, you could face massive fines or even prison.
Can I contest a TPO and/or preservation order?
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 case and show why it is not necessary to appeal the TPO or order to preserve isn’t necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without the required permissions. If you need removal of the tree it is necessary to apply for permission and provide proof to back your claim.
Conclusion
In the end, determining if trees are protected is a vital step to ensure that tree work is legally completed. If you know the various types of protection, and knowing how to check for them, you can ensure that you’re following the law and protecting the trees in your care. If you’re not sure about the nature of the protection of a tree, we recommend consulting a reputable tree specialist, such as Wollongong Tree Removal. Our arborists are experienced and can advise you about the protection status of your trees, and will guide you through the required steps to ensure that you are following the legal guidelines. With our experience and dedication to providing top-quality tree care We can assist you to keep the beauty and worth of your trees. Call us now at 02 4203 3595 to schedule a consultation, and let us help you keep your trees protected and healthy.