How do I determine if a Tree is Protected Before Removing It

Name: Aborist Blacktown NSW
Brand: Blacktown Aborist
Rating: 4.9 (38 reviews)

Posted by Blacktown Aborist on 18 Nov 2024

Trees play an important part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry extra protection status, which makes it illegal to carry out any work without permission. If you are 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 need to take to ensure compliance with the law. In this article, we will help you understand the process of determining whether the tree is safe and exactly what steps you need to do to ensure you are acting within the law.

What is a protected tree?

A protected tree has been subjected to certain laws and regulations and it is unlawful to work on a protected tree without the required permissions. There are two types of protection a tree could be protected by - preservation orders and protection orders.

Statutory protection

In the context of legal protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees with a significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes the felling.

How can I tell whether a tree is safe?

To determine whether the tree is protected, you need to determine if the tree is in the process of being subject to an TPO or preservation or protection order. It is done by contacting your authorities in your area and asking them search their archives.

TPO search

To find an TPO to locate one, contact an Tree and Woodland Officer of your local authority. They will inform you if 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

To search for a preservation order, you must contact the Secretary of State for the Environment. They will be able to determine whether the tree is protected and give you the required information and guidelines.

FAQs:

What is the consequence if I do work on a protected tree without permission?

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

Can I contest an TPO and/or preservation order?

You can appeal an appeal of a TPO or preservation order if that it is not justified. You will have be able to present evidence to back your argument and demonstrate why it is not necessary to appeal the TPO or preservation order isn’t needed.

Can I take down a protected tree?

It is unlawful to take down a protected tree without obtaining the necessary permissions. If you require the tree to be removed then you must seek permission from the council and provide evidence to support your case.

Conclusion

In conclusion, discovering whether a tree is protected is a crucial step to ensure that any tree work is carried out legally. If you know the various types of protection and how to determine if they are protected, you can ensure that you’re in compliance with the law and are protecting the trees in your care. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest consulting an expert in tree care like Blacktown Aborist. Our experienced arborists will be able to inform you about the protection status of your trees, and will guide you through the necessary steps to ensure that you are following the laws. With our experience and dedication to providing top-quality tree care We can assist you to preserve the beauty and worth that your trees have. Call us now by phone at 0480 024 267 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.

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

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