The Protection of Trees: A Step-by-Step Guide for Understanding Protected Status
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Trees play an important part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree you’re considering and the steps you have to take to comply with the legal requirements. The following article we will walk you through the process of discovering whether the tree is protected and what you will need be doing to make sure that you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal restrictions and it is unlawful to do work on such a tree without having the appropriate permissions. There are two types of protection a tree could be protected by - preservation orders and protection orders.
Legal protection
As a matter of the law trees are protected under laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect 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. Preservation orders for trees are considered to have exceptional value and are shielded from any work, including felling.
How can I tell when a tree is in danger?
To determine if the tree is protected, you must to verify if it’s subject to a TPO or preservation order. This can be accomplished by contacting your municipal authority, and asking them to check for records.
TPO search
To find an TPO, you can contact the Tree or Woodland Official from your local authority, who can inform you whether the tree is protected. They’ll also be able advise you about the next steps to take if the tree is protected.
Preservation order search
If you are looking for a preservation order, you will need to contact the Secretary of State for 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 protected tree without permission?
If you work on a tree that is protected without the proper permits, you could be facing substantial fines and even imprisonment.
Can I appeal to a TPO and/or preservation order?
You can appeal a TPO or preservation decision if it is unjustified. You will have be able to present evidence to back your case and show your argument as to why you believe that the TPO or the preservation decision isn’t necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you want removal of the tree, you will need to seek permission from the council and provide the evidence needed to prove your case.
Conclusion
To conclude, knowing if the tree is protected is an essential step to ensure that any tree work carried out legally. If you know the various types of protection, and knowing how to check for them to ensure you’re in compliance with the law and protecting the trees you care for. If you’re not sure about the protection status of trees, we suggest seeking advice from an experienced tree expert such as Expert Tree Removal Brisbane. Our arborists are experienced and can advise you regarding the status of protection of your trees and walk you through the steps to ensure you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care, we can help you maintain the beauty and value of your trees. Call us now by calling 1300 901 531 to schedule a appointment, and let us guide you on how to ensure that your trees are protected and healthy.