What Makes a Tree Protected and How to Find Out

Trees play an essential role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to do 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 in question and the steps you have to take to ensure compliance with the law. The following article we will walk you through the steps to determine if the tree is protected and what you need be doing to make sure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain laws and regulations, and it’s illegal to do work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.
Protection under the law
As a matter of statutory protection trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant value to the public 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 be of exceptional value and are protected from any work, including the felling.
What can I do to determine when a tree is in danger?
To determine if the tree is protected, you will need to check if it is in the process of being subject to an TPO or preservation or protection order. It is done by contacting your authorities in your area and asking them search their records.
TPO search
If you want to find the TPO to locate one, contact your local Tree and Woodland Officer at the local authority. They will inform you if the tree is protected. They’ll also be able advise you on the next steps you should follow if the tree is protected.
Preservation order search
To search for a preservation permit, you will need to contact secretary of state for Environment. They will be able to determine whether the tree is in the protected zone and give you the information you require and direction.
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 appropriate authorizations, you could be subject to massive fines or even prison.
Can I appeal an TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation order if you feel it is unjustified. However, you will need to prove your argument and demonstrate that the TPO or the preservation decision is not necessary.
Can I remove a protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you require the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In the end, determining if a tree is protected is an essential step in ensuring that tree work is legally completed. Understanding the different kinds of protection, and knowing how to determine if they are protected, you can ensure that you are acting within the law and protecting the trees you care for. If you’re not sure about the protection status of trees, we suggest seeking professional advice from an experienced tree expert, such as Tree Services Wollongong. Our experienced arborists will be able to advise you on the protection status of your trees, and will guide you through the steps to make sure you’re acting within the legal guidelines. With our knowledge and dedication to providing high-quality tree services we will help you keep the beauty and worth for your tree. Contact us now at 1300 400 381 to schedule a consultation, and let us help you keep your trees safe and healthy.