How do I determine whether a Tree is protected Before Removing It

Posted by Brisbane Tree Removal Service on 5 Jun 2024

Trees play an essential role in our environment, providing shade, clean air, and aesthetic value to our surroundings. However they are not all equal and some carry additional protection status, making it illegal to do any activity without authorization. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered, and what steps you’ll need to take to ensure compliance with the law. The following article we will help you understand the process of determining whether a tree is safe and exactly what steps you have take to be sure that you comply with the law.

What is a protected tree?

A protected tree is one that is subject to specific legal controls and it is unlawful to work on such a tree without obtaining the necessary permissions. There are two kinds of protection a tree may have - preservation and protection orders that are statutory.

As a matter of legal protection trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and to ensure that they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional value and are protected from any kind of work, including cutting down.

What can I do to determine whether a tree is safe?

To determine whether trees are protected, you need to verify if it’s subject to a TPO or preservation order. It is done by contacting your authorities in your area and asking them check their archives.

If you want to find an TPO to locate one, contact the Tree or Woodland Official of your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to guide you on the next steps you should follow 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 will tell you if the tree is protected and provide you with the necessary information and guidance.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you carry out work on a tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.

Can I appeal a TPO and/or preservation order?

Yes, you are able to appeal to a TPO or preservation or TPO if it is unjustified. But, you’ll need be able to present evidence to back your argument and demonstrate your argument as to why it is not necessary to appeal the TPO or the preservation decision is not necessary.

Can I take down a protected tree?

It is illegal to remove protected trees without the necessary permissions. If you want the tree to be removed, you will need to apply for permission and provide proof to back your claim.

Conclusion

In conclusion, discovering whether a tree is protected is a crucial aspect in ensuring that any tree work 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 that you are responsible for. If you’re unsure of the protection status of the tree you are in charge of, we suggest consulting an expert in tree care like Brisbane Tree Removal Service. Our arborists are experienced and will be able to advise you on the protection status of your trees and guide you through the required steps to ensure you are acting within the law. With our knowledge and dedication to providing high-quality tree services We can assist you to keep the beauty and worth that your trees have. Contact us now by phone at 0480 099 748 to schedule a appointment, and let us help you keep your trees protected and healthy.

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