The Repercussions of removing the Tree that is Protected and How to Avoid Them
Trees play an essential role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to do any work without permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree being considered and the steps you have to take to comply with the laws. In this article, we’ll guide you through the process of determining whether trees are secured and the steps you will need to do to ensure that you are acting within the law.
What is a protected tree?
A protected tree is one that is subject to specific laws and regulations and it is unlawful to do works on a tree without having the appropriate permissions. There are two types of protection that a tree 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 subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant value to the public and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are protected from any work, including the felling.
What can I do to determine if a tree is protected?
To determine whether the tree is protected, you need to check if it is subject to the protection of a TPO or preservation or protection order. This can be accomplished by contacting your municipal authority, and asking them to look up their archives.
TPO search
To search for the TPO, you can contact an Tree or Woodland Official at your local authority, who will inform you whether the tree is in the protection. They will also be able advise you on the next steps you should do if your tree is protected.
Preservation order search
In order to search for a preservation permit, you’ll need to call secretary of state for Environment. They will be able to tell you if the tree is protected and give you the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a protected tree without the appropriate authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation decision if you feel it’s not justifiable. However, you will need to provide evidence to support your argument and demonstrate that the TPO or preservation order is not necessary.
Can I cut down a tree that is protected tree?
It is against the law to remove trees that are protected without the necessary permissions. If you require the tree to be removed it is necessary to apply for permission and provide the evidence needed to prove your case.
Conclusion
In the end, determining if trees are protected is an essential step in ensuring that tree work is carried out legally. By understanding the different types of protection and how to identify them to ensure you’re in compliance with the law and safeguarding the trees in your care. If you’re not sure about the status of protection for trees, we suggest consulting an experienced tree expert such as Sydney Tree Removers. Our team of experienced arborists can advise you on the protection status of your trees and guide you through the steps to make sure you’re complying with the laws. With our experience and dedication to provide high-quality tree services we will help you maintain the beauty and worth for your tree. Contact us now by calling 1300 945 434 to schedule a consultation and let us help you ensure that your trees are protected and healthy.