How to Determine the extent of protection a tree has before removing it

Name: Aborist Blacktown NSW
Brand: Blacktown Aborist
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Posted by Blacktown Aborist on 18 Nov 2024

Trees play an important part in the environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree you’re considering and the steps you have to follow to be in compliance with the law. In this article, we will walk you through the process of discovering whether trees are protected and what you have be doing to make sure that you are acting within the law.

What exactly is a tree that is protected?

A protected tree is one that can be subject to specific legal restrictions, and it’s illegal to carry out works on a tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - preservation and protection orders that are statutory.

Statutory protection

In the context of statutory protection trees are protected under 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 are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are set up from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from any kind of work, including cutting down.

How can I tell if a tree is protected?

To determine whether a tree is protected, you must to verify if it’s under a TPO or preservation order. It is done by contacting your local authority and asking them to look up for records.

TPO search

To find an TPO, you can contact an Tree or Woodland Official from the local authority. They will be able to tell you if the tree is protected. They will also be able to guide you on the next steps you should take if the 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 can tell you if the tree is protected and give you the required information and guidelines.

FAQs:

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

If you do work on a protected tree without the proper permissions, you could face significant fines, and possibly even jail time.

Can I contest to a TPO or preservation order?

Yes, you are able to appeal an appeal of a TPO or preservation order if it is unjustified. However, you will need be able to present evidence to back your argument and demonstrate your argument as to why you believe that the TPO or preservation order isn’t needed.

Can I remove a protected tree?

It is against the law to remove a protected tree without obtaining the required permissions. If you require the tree to be removed it is necessary to request permission and submit evidence to support your case.

Conclusion

To conclude, knowing if trees are protected is an essential step to ensure that tree work is legally completed. If you know the various types of protection, and knowing how to check for them it is possible to be sure that you are acting within the law and are protecting the trees in your care. If you’re unsure of the protection status of a tree, we recommend seeking professional advice from a reputable tree specialist like Blacktown Aborist. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees, and will guide you through the required steps to ensure that you are complying with the laws. With our expertise and commitment to providing top-quality tree care, we can help you preserve the beauty and worth of your trees. Call us now by calling 0480 024 267 to schedule a consultation and let us help you keep your trees protected and healthy.

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

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