What is the definition of a tree that should be protected and How Do I Find Out
Trees play an important part in the environment as they provide shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have additional protection status, making it illegal to perform any activity without authorization. If you are considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you have to follow to be in compliance with the laws. In this article, we’ll guide you through the process of determining whether a tree is protected and what you need take to be sure you are following the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal controls It is illegal to do work on a protected tree without obtaining the necessary permissions. There are two types of protection that a tree might have: preservation and protection orders that are statutory.
Legal protection
As a matter of the law trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees with a significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to be of exceptional worth and are therefore protected from all work, which includes cutting down.
How can I tell if a tree is protected?
To determine whether the tree is protected, you must to check if it is in the process of being subject to the protection of a TPO or preservation order. This can be accomplished by contacting your municipal authority, and asking them to search for records.
TPO search
If you want to find the TPO to locate one, contact your local Tree or Woodland Official of your local authority, who will inform you whether the tree is protected. They’ll also be able to advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
To search for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They can determine whether the tree is in the protected zone and provide you with the required information and guidelines.
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 proper permits, you could be facing substantial fines and even imprisonment.
Can I contest an TPO Or preservation or TPO?
Yes, you can appeal a TPO or preservation or TPO if that it is not justified. But, you’ll need to prove your claim and explain why you believe that the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is illegal to remove a protected tree without obtaining permission from the appropriate authorities. If you need the tree to be removed, you will need to seek permission from the council and provide proof to back your claim.
Conclusion
In conclusion, discovering whether a tree is protected is a crucial step in ensuring that tree work is legally completed. By understanding the different types of protection, and knowing how to identify them it is possible to be sure that you are acting within the law and protecting the trees you care for. If you’re unsure of the nature of the protection of trees, we suggest consulting an expert in tree care like Sydney Wide Tree Removal. Our arborists are experienced and will be able to inform you on the protection status of your trees, and will guide you through the necessary steps to ensure you are acting within the legal guidelines. With our expertise and commitment to providing high-quality tree services We can assist you to maintain the beauty and value of your trees. Contact us today at 1300 152 268 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.