What makes a tree protected and how to find out

Name: Tree Removal Western Sydney NSW
Brand: Western Sydney Tree Removal
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Posted by Western Sydney Tree Removal on 20 Aug 2024

Trees play a crucial role in our environment, providing shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to carry out any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree being considered and what steps you’ll need to take to ensure compliance with the law. This article we’ll help you understand the steps to determine if trees are protected and what you will need be doing to make sure that you comply with the law.

What exactly is a tree that is protected?

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

Legal protection

As a matter of the law trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant value to the public 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 an exceptional value and are protected from any work, including felling.

What can I do to determine if a tree is protected?

To determine whether the tree is protected, you must to check if it is under the protection of a TPO or preservation orders. This can be done by contacting the local authority and asking them to search for records.

TPO search

To find the TPO, you can contact your local Tree and Woodland Officer from your local authority, who will inform you whether the tree is in the protection. They’ll also be able advise you on the next steps to take if the tree is in a protected area.

Preservation order search

To search for a preservation order you must contact the Secretary of State for the Environment. They will inform you whether the tree is protected and will provide the information you require and direction.

FAQs:

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

If you do work on a protected tree without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.

Can I contest a TPO or preservation order?

Yes, you can appeal to a TPO or preservation order if you feel it is unjustified. But, you’ll need to prove your claim and explain that the TPO or order to preserve isn’t needed.

Can I remove a protected tree?

It is unlawful to take down trees that are protected without the necessary permissions. If you want the tree to be removed, you will need 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 an essential aspect in ensuring that tree work is carried out legally. By understanding the different types of protection and how to check for them it is possible to be sure that you’re following the law and protecting the trees in your care. If you are unsure about the nature of the protection of a tree, we recommend seeking professional advice from an expert in tree care like Western Sydney Tree Removal. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees and walk you through the required steps to ensure you are acting within the law. With our expertise and commitment to providing top-quality tree care we will help you preserve the beauty and value of your trees. Contact us now by calling 1300 330 872 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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