Avoiding Tree Removal Errors: How to Know whether a Tree is protected

Posted by Wollongong Tree Removal on 17 Aug 2024

Trees play a crucial part in the environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to carry out any work without obtaining permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree being considered and the steps you have to take to ensure compliance with the law. This article we will guide you through the steps to determine if trees are protected and what you will need take to be sure that you are following the law.

What exactly is a tree that is protected?

A protected tree is one that has been subjected to certain legal restrictions, and it’s illegal to carry out work on a protected tree without the required permissions. There are two kinds of protection a tree may have - preservation orders and protection orders.

Protection under the law

In the context of legal protection, trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant value to the public and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any kind of work, including cutting down.

How can I tell if a tree is protected?

To determine whether a tree is protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation orders. This can be done by contacting the municipal authority, and asking them to look up their archives.

To search for an TPO You can reach your local Tree or Woodland Official at your local authority. They will inform you whether the tree is protected. They will also be able to guide you about the next steps to take if the tree is in a protected area.

To search for a preservation order you must contact secretary of state for Environment. They will be able to inform you if the tree is protected and give you the information you require and direction.

FAQs:

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

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

Can I contest an TPO or preservation order?

You can appeal a TPO or preservation order if you believe it’s not justifiable. You will have to prove your claim and explain your argument as to why the TPO or preservation order isn’t necessary.

Can I take down a protected tree?

It is unlawful to take down a protected tree without obtaining the required permissions. If you want the tree to be removed then you must request permission and submit the evidence needed to prove your case.

Conclusion

In the end, determining if trees are protected is a crucial step to ensure that tree work is legally completed. By understanding the different types of protection and how to identify them to ensure you’re following the law and safeguarding the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend seeking advice from an experienced tree expert, such as Wollongong Tree Removal. Our arborists are experienced and can advise you regarding the status of protection of your trees and guide you through the steps to ensure you are complying with the law. With our knowledge and dedication to provide high-quality tree services we will help you preserve the beauty and worth that your trees have. Contact us now by calling 02 4203 3595 to schedule a appointment, and let us help you keep your trees protected and healthy.

To get an honest and reliable service you can trust, our team of arborist will handle any tree removal job required in a speedy and effective manner.
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