Protecting Trees: A Guide for Understanding the Status of Protected Status
Trees play an essential role in our environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to do any work without permission. If you are considering having a tree removed it is essential to know the status of protection for the tree in question and the steps you have to follow to be in compliance with the legal requirements. The following article we will walk you through the process of discovering whether the tree is secured and the steps you have take to be sure you are following the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal restrictions and it is unlawful to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - preservation orders and protection orders.
Statutory protection
In the context of legal protection trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from any work, including the felling.
What can I do to determine if a tree is protected?
To determine whether trees are protected, you will need to determine if the tree is in the process of being subject to an TPO or preservation orders. This can be accomplished by contacting the local authority and asking them to look up their archives.
TPO search
To search for the TPO to locate one, contact an Tree and Woodland Officer of your local authority, who can inform you whether the tree is in the protection. They’ll also be able advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They can tell you whether the tree is in the protected zone and give you the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you do work on a tree that is protected without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest an TPO and/or preservation order?
Yes, you can appeal a TPO or preservation decision if you believe it is unjustified. However, you will need be able to present evidence to back your case and show why you believe that the TPO or preservation order isn’t necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without the necessary permissions. If you need the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether trees are protected is a crucial step in ensuring that any tree work is legally completed. If you know the various types of protection and how to check for them to ensure you are acting within the law and are protecting the trees in your care. If you’re unsure of the status of protection for trees, we suggest consulting an experienced tree expert like Expert Tree Removal Brisbane. Our experienced arborists will be able to inform you on the protection status of your trees, and will 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 can help you keep the beauty and worth that your trees have. Call us now at 1300 901 531 to schedule a consultation, and let us assist you to keep your trees safe and healthy.