A Beginning's guide to Understanding Protected Trees
Trees play an important 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 extra protection status, which makes it illegal to perform any activity without authorization. If you are considering having a tree removed it is crucial to be aware of the protection status of 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 steps to determine if a tree is safe and exactly what steps you have to do to ensure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific laws and regulations, and it’s illegal to work on a protected tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - preservation orders and protection orders.
Statutory protection
As a matter of legal protection, trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are put in place by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any kind of work, including the felling.
How do I know whether a tree is safe?
To determine whether trees are protected, you will need to verify if it’s in the process of being subject to an TPO or preservation orders. It is done by contacting the local authority and asking them to search their archives.
TPO search
If you want to find an TPO to locate one, contact the Tree and Woodland Officer from your local authority. They will be able to tell you whether the tree is in the protection. They’ll also be able advise you on the next steps to follow if the tree is protected.
Preservation order search
In order to search for a preservation order you’ll need to call Secretary of State, Department of the Environment. They will determine whether the tree is in the protected zone and provide you with the information you require and direction.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a protected tree without the proper permits, you could be facing massive fines or even prison.
Can I contest an TPO or preservation order?
Yes, you can appeal to a TPO or preservation order if you feel it is unjustified. You will have be able to present evidence to back your argument and demonstrate your argument as to why the TPO or order to preserve isn’t necessary.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining permission from the appropriate authorities. If you need the tree to be removed then you must apply for permission and provide proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is a crucial aspect in ensuring that any tree work legally completed. By understanding the different types of protection, and knowing how to identify them it is possible to be sure that you’re following the law and are protecting the trees in your care. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care like Campbelltown Tree Removal. Our experienced arborists can advise you on the protection status of your trees, and will guide you through the steps to ensure that you are complying with the laws. With our experience and dedication to provide high-quality tree services we will help you maintain the beauty and value for your tree. Call us now by phone at 1300 636 143 to schedule a consultation and let us help you keep your trees safe and healthy.