The Consequences of Removing a Protected Tree and How to Avoid them

Name: Aborist Blacktown NSW
Brand: Blacktown Aborist
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Posted by Blacktown Aborist on 20 May 2024

Trees play a crucial 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 additional protection status, making it illegal to do any work without obtaining permission. 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 have to take to comply with the legal requirements. This article we’ll walk you through the process of discovering whether trees are safe and exactly what steps you will need to do to ensure 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 laws and regulations It is illegal to do work on such a tree without having the appropriate permissions. There are two kinds of protection a tree may have - preservation and protection orders that are statutory.

Protection under the law

As a matter of legal protection, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant value to the public and to ensure that they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs , but are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from any work, including the felling.

How can I tell if a tree is protected?

To determine whether a tree is protected, you will need to check if it is subject to the protection of a TPO or preservation or protection order. This can be done by contacting your municipal authority, and asking them to look up for records.

TPO search

To search for a TPO to locate one, contact the Tree and Woodland officer from your local authority, who will inform you whether the tree is protected. They will also be able advise you on the next steps to do if your tree is in a protected area.

Preservation order search

If you are looking for a preservation order you will need to contact the Secretary of State for the Environment. They will determine if the tree is protected and will provide the required information and guidelines.

FAQs:

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

If you carry out work on a tree that is protected without obtaining the necessary permissions, you could face massive fines or even prison.

Can I contest a TPO Or preservation or TPO?

You can appeal an appeal of a TPO or preservation decision if it is unjustified. You will have to provide evidence to support your case and show why you believe that the TPO or order to preserve isn’t necessary.

Can I cut down a tree that is protected tree?

It is against the law to remove a protected tree without obtaining the necessary permissions. If you need the tree to be removed, you will need to seek permission from the council and provide proof to back your claim.

Conclusion

To conclude, knowing if the tree is protected is a vital step in ensuring that any tree work legally completed. By understanding the different types of protection and the best way to identify them to ensure you are acting within the law and protecting the trees you care for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert, such as Blacktown Aborist. Our experienced arborists can advise you regarding the status of protection of your trees and walk you through the necessary steps to ensure that you are complying with the laws. With our knowledge and dedication to provide high-quality tree services We can assist you to maintain the beauty and worth of your trees. Contact us today at 0480 024 267 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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