The Consequences of Removing a Protected Tree and How to Avoid Them
Trees play a crucial contribution to our ecosystem as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree in question, and the steps you need to take to comply with the laws. In this article, we will walk you through the process of discovering whether the tree is secured and the steps you need take to be sure you are acting within the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations and it is unlawful to works on a tree without obtaining the necessary permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.
Protection under the law
As a matter of legal protection trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are protected from any kind of work, including the felling.
How do I know when a tree is in danger?
To determine if a tree is protected, you must to verify if it’s under a TPO or preservation orders. It is done by contacting your municipal authority, and asking them to search for records.
TPO search
If you want to find the TPO You can reach the Tree or Woodland Official at your local authority, who will be able to tell you whether the tree is in the protection. They’ll also be able to advise you about the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They can inform you whether the tree is in the protected zone and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you carry out work on a protected tree without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I contest an TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation or TPO if you feel it is unjustified. However, you will need to provide evidence to support your claim and explain that it is not necessary to appeal the TPO or preservation order 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 then you must seek permission from the council and provide evidence to support your case.
Conclusion
To conclude, knowing if the tree is protected is a crucial aspect in ensuring that any tree work is carried out legally. If you know the various 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 you care for. If you are unsure about the status of protection for the tree you are in charge of, we suggest seeking professional advice from a reputable tree specialist such as Sydney Tree Cutting. Our team of experienced arborists will be able to advise you about the protection status of your trees, and will guide you through the steps to ensure you are following the law. With our expertise and commitment to providing top-quality tree care we will help you keep the beauty and worth that your trees have. Contact us now at 1300 161 370 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.