The importance of Proper Tree Identification: How Do You Know if a Tree is Protected

Posted by Blacktown Tree Removal on 12 Jul 2024

Trees play a crucial contribution to our ecosystem by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry additional protection status, making it illegal to perform any work without permission. If you are considering having a tree removed it is essential to know the status of protection for the tree being considered and what steps you’ll need to take to comply with the laws. In this article, we will guide you through the steps to determine if a tree is safe and exactly what steps you will need to do to ensure you are following the law.

What exactly is a tree that is protected?

A protected tree is one that has been subjected to certain legal restrictions and it is unlawful to do work on a protected tree without obtaining the necessary permissions. There are two types of protection that trees could be protected by - statutory protection and preservation orders.

Protection under the law

In the context of the law, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are enacted 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 through the secretary of state for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from any work, including the felling.

How do I know whether a tree is safe?

To determine if a tree is protected, you will need to determine if the tree is under a TPO or preservation order. It is done by contacting your local authority and asking them to search for records.

To find a TPO, you can contact the Tree or Woodland Official of the local authority. They will be able to tell you whether the tree is protected. They’ll also be able to guide you about the next steps to follow if the tree is protected.

If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They can determine if the tree is protected and provide you with the required information and guidelines.

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 the proper permissions, you could face substantial fines and even imprisonment.

Can I contest an TPO and/or preservation order?

Yes, you are able to appeal to a TPO or preservation order if you believe it is unjustified. However, you will need be able to present evidence to back your case and show that it is not necessary to appeal the TPO or preservation order is not necessary.

Can I remove a protected tree?

It is against the law to remove a protected tree without obtaining the required permissions. If you need the tree to be removed it is necessary to request permission and submit proof to back your claim.

Conclusion

In the end, determining if a tree is protected is an essential step in ensuring that any tree work is legally completed. If you know the various types of protection and the best way to check for them it is possible to be sure that you’re in compliance with the law and protecting the trees you care for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest seeking advice from an experienced tree expert, such as Blacktown Tree Removal. Our experienced arborists can advise you regarding the status of protection of your trees and walk you through the necessary steps to make sure you’re following the laws. With our expertise and commitment to provide high-quality tree services, we can help you preserve the beauty and value that your trees have. Contact us now at 0480 024 203 to schedule a appointment, and let us help you keep your trees safe and healthy.

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