How to Determine the extent of protection a tree has before 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 5 Nov 2024

Trees play an important part in the environment as they provide shade, clean air, and aesthetic value to our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to perform any activity without authorization. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered and the steps you have to follow to be in compliance with the laws. In this article, we’ll help you understand the process of determining whether the tree is protected and what you need take to be sure you are following the law.

What exactly is a tree that is protected?

A protected tree 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 a tree might have: statutory protection and preservation orders.

Protection under the law

In the context of legal protection trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued 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 similar to TPOs , but are issued by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have exceptional worth and are therefore protected from any kind of work, including the felling.

How can I tell when a tree is in danger?

To determine whether the tree is protected, you must to determine if the tree is in the process of being subject to an TPO or preservation or protection order. This can be accomplished by contacting the authorities in your area and asking them search their records.

TPO search

To find the TPO You can reach the Tree or Woodland Official from your local authority. They can inform you if the tree is protected. They’ll also be able advise you on the next steps to take if the tree is protected.

Preservation order search

To search for a preservation order, you must contact the Secretary of State for the Environment. They will be able to inform you whether the tree is in the protected zone and give you the information you require and direction.

FAQs:

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

If you do work on a tree that is protected without the proper permits, you could be facing substantial fines and even imprisonment.

Can I appeal a TPO or preservation order?

Yes, you can appeal to a TPO or preservation order if that it is not justified. However, you will need to prove your claim and explain why the TPO or preservation order is not necessary.

Can I remove a protected tree?

It is against the law to remove trees that are protected without the required permissions. If you require removal of the tree then you must apply for permission and provide the evidence needed to prove your case.

Conclusion

To conclude, knowing if a tree is protected is an essential aspect in ensuring that any tree work is legally completed. 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 safeguarding the trees you care for. If you are unsure about the nature of the protection of trees, we suggest seeking professional advice from a reputable tree specialist such as The Hills Tree Services. Our team of experienced arborists can advise you regarding the status of protection of your trees and guide you through the necessary steps to ensure you are following the law. With our expertise and commitment to providing high-quality tree services We can assist you to maintain the beauty and worth of your trees. Contact us now by phone at 0480 024 203 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.

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

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