The Consequences of Destroying an encircled tree and how to Avoid These

Posted by Expert Tree Removal Brisbane on 29 Oct 2024

Trees play a crucial part in the environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to do any activity without authorization. If you are considering having a tree removed it is essential to know the protection status of the tree you’re considering and the steps you need to follow to be in compliance with the legal requirements. In this article, we will help you understand the process of determining whether trees are secured and the steps you have to do to ensure that you are acting within the law.

What is a protected tree?

A protected tree is one that is subject to specific legal restrictions, and it’s illegal to do work on such a tree without having the appropriate permissions. There are two types of protection that trees may have - statutory protection and preservation orders.

Protection under the law

As a matter of statutory protection trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees with a significant public value and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are issued through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from all work, which includes the felling.

How do I know if a tree is protected?

To determine whether a tree is protected, you need to check if it is under the protection of a TPO or preservation or protection order. This can be done by contacting the municipal authority, and asking them to check their records.

To search for the TPO to locate one, contact an Tree or Woodland Official of your local authority, who will inform you if the tree is protected. They’ll also be able to guide you about the next steps to take if the tree is protected.

If you are looking for a preservation order, you will need to contact Secretary of State, Department of the Environment. They can inform you whether the tree is in the protected zone and will provide 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 appropriate authorizations, you could be subject to substantial fines and even imprisonment.

Can I contest to a TPO and/or preservation order?

Yes, you are able to appeal an appeal of a TPO or preservation order if you believe it is unjustified. However, you will need be able to present evidence to back your argument and demonstrate your argument as to why the TPO or the preservation decision isn’t needed.

Can I take down a protected tree?

It is illegal to remove a protected tree without obtaining the necessary permissions. If you want removal of the tree it is necessary to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether a tree is protected is a vital step to ensure that any tree work is carried out legally. If you know the various types of protection and how to determine if they are protected, you can ensure that you are acting within the law and are protecting the trees you care for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist, such as Expert Tree Removal Brisbane. Our team of experienced arborists will be able to inform you about the protection status of your trees and guide you through the steps to make sure you’re following the legal guidelines. With our knowledge and dedication to providing high-quality tree services We can assist you to preserve the beauty and worth that your trees have. Contact us today by calling 1300 901 531 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.

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