How to Determine whether a Tree is protected Prior to removing it

Name: Tree Services The Hills Shire NSW
Brand: The Hills Tree Services
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Posted by The Hills Tree Services on 7 Jul 2025

Trees play an essential role in our environment as they provide shade, clean 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 activity without authorization. If you are considering having a tree removed, it’s essential to understand the protection status of the tree you’re considering, and the steps you have to follow to be in compliance with the laws. In this article, we will help you understand the process of discovering whether a tree is secured and the steps you will need be doing to make sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree can be subject to specific legal controls, and it’s illegal to work on such a tree without having the appropriate permissions. There are two kinds of protection that trees might have: statutory protection and preservation orders.

Statutory protection

In the context of statutory protection trees are protected by laws and 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 are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from all work, which includes the felling.

What can I do to determine when a tree is in danger?

To determine if trees are protected, you need to verify if it’s subject to an TPO or preservation order. This can be accomplished by contacting your municipal authority, and asking them to search for records.

TPO search

To find an TPO to locate one, contact an Tree and Woodland Officer from the local authority. They will inform you whether the tree is protected. They will also be able to advise you on the next steps to follow if the tree is in a protected area.

Preservation order search

In order to search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will inform you if the tree is protected and give you the necessary information and guidance.

FAQs:

What happens if I conduct work on a protected tree without permission?

If you do work on a tree that is protected without obtaining the necessary permissions, you could face substantial fines and even imprisonment.

Can I appeal to a TPO Or preservation or TPO?

You can appeal an appeal of a TPO or preservation order if it’s not justifiable. But, you’ll need to prove your case and show your argument as to why it is not necessary to appeal the TPO or preservation order isn’t necessary.

Can I cut down a tree that is protected tree?

It is illegal to remove a protected tree without obtaining the necessary permissions. If you require the tree to be removed, you will need to request permission and submit evidence to support your case.

Conclusion

In the end, determining if a tree is protected is a vital step in ensuring that any tree work legally completed. If you know the various types of protection and how to identify them to ensure you are acting within the law and safeguarding the trees you care for. If you are unsure about the protection status of a tree, we recommend consulting an experienced tree expert like The Hills Tree Services. Our team of experienced arborists will be able to advise you about the protection status of your trees and guide you through the required steps to ensure you are acting within the legal guidelines. With our expertise and commitment to providing top-quality tree care we will help you keep the beauty and value that your trees have. Contact us now by calling 0480 024 203 to schedule a consultation, and let us help you keep your trees safe and healthy.

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

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