A Beginner's Guide to Understanding Protected Trees
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Trees play an essential 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 an additional status of protection, making it illegal to carry out any activity without authorization. If you’re considering having a tree removed, it’s essential to understand the status of protection for the tree being considered and the steps you need to follow to be in compliance with the laws. The following article we’ll walk you through the process of discovering whether the tree is protected and what you have take to be sure you are acting within the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal restrictions and it is unlawful to carry out work on such a tree without the required permissions. There are two kinds of protection that trees may have - statutory protection and preservation orders.
Statutory protection
As a matter of statutory protection trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued 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 issued from the Secretary of State responsible for Environment. Preservation orders for trees are considered to be of exceptional value and are protected from any kind of work, including felling.
What can I do to determine if a tree is protected?
To determine whether a tree is protected, you will need to check if it is in the process of being subject to a TPO or preservation order. It is done by contacting your local authority and asking them to check their records.
TPO search
To search for the TPO, you can contact the Tree and Woodland officer at the local authority. They can inform you whether the tree is in the protection. They’ll also be able to advise you on the next steps to follow if the tree is protected.
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 protected and will provide the information you require and direction.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you carry out work on a protected tree without the appropriate permits, you could be facing significant fines, and possibly even jail time.
Can I appeal an TPO Or preservation or TPO?
Yes, you can appeal a TPO or preservation or TPO if you feel it is unjustified. But, you’ll need be able to present evidence to back your argument and demonstrate that you believe that the TPO or preservation order isn’t necessary.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining permission from the appropriate authorities. If you need removal of the tree, you will need to apply for permission and provide proof to back your claim.
Conclusion
In conclusion, discovering whether trees are protected is an essential step to ensure that tree work is carried out legally. Understanding the different kinds of protection and how to identify them it is possible to be sure that you are acting within the law and protecting the trees in your care. If you are unsure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care like Sydney Tree Removers. Our team of experienced arborists can advise you on the protection status of your trees and guide you through the required steps to ensure that you are complying with the legal guidelines. With our experience and dedication to providing high-quality tree services we will help you keep the beauty and value that your trees have. Call us now at 1300 945 434 to schedule a appointment, and let us assist you to keep your trees safe and healthy.