The Repercussions of removing a Protected Tree and How to Avoid These
Trees play an important contribution to our ecosystem as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to carry out any work without obtaining permission. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree you’re considering, and what steps you’ll need to take to ensure compliance with the law. This article we will guide you through the steps to determine if the tree is protected and what you have be doing to make sure that you are following the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific laws and regulations and it is unlawful to work on such a tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - preservation and protection orders that are statutory.
Protection under the law
In the context of legal protection trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to have exceptional value and are protected from all work, which includes felling.
What can I do to determine if a tree is protected?
To determine whether the tree is protected, you must to verify if it’s in the process of being subject to a TPO or preservation orders. This can be accomplished by contacting your municipal authority, and asking them to look up their records.
TPO search
To search for the TPO, you can contact your local Tree and Woodland Officer at your local authority, who will inform you whether the tree is protected. They will also be able to advise you on the next steps to do if your tree is in a protected area.
Preservation order search
If you are looking 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 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 obtaining the necessary permissions, you could face substantial fines and even imprisonment.
Can I contest an TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation or TPO if it is unjustified. But, you’ll need to prove your argument and demonstrate 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 the required permissions. If you want removal of the tree it is necessary to request permission and submit proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial step to ensure that any tree work is legally completed. By understanding the different types of protection, and knowing how to check for them it is possible to be sure that you are acting within the law and safeguarding the trees you care for. If you are unsure about the protection status of trees, we suggest consulting an experienced tree expert like Expert Tree Removal Brisbane. Our arborists are experienced and can advise you about the protection status of your trees and walk you through the required steps to ensure you are following the laws. With our expertise and commitment to provide high-quality tree services We can assist you to keep the beauty and value of your trees. Contact us today by phone at 1300 901 531 to schedule a appointment, and let us guide you on how to ensure that your trees are protected and healthy.