The importance of Proper Tree Identification: How do you know whether a Tree is protected
Trees play an essential role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to do any activity without authorization. If you’re thinking of 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 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 need take to be sure you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal restrictions and it is unlawful to carry out work on a protected tree without obtaining the necessary permissions. There are two types of protection that a tree may have - preservation orders and protection orders.
Statutory protection
In the context of legal protection trees are protected under laws and in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are issued by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from any work, including the felling.
How do I know if a tree is protected?
To determine if a tree is protected, you will need to check if it is in the process of being subject to an TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them search their records.
TPO search
If you want to find an TPO You can reach your local Tree and Woodland Officer of your local authority. They will inform you whether the tree is in the protection. They will also be able to guide you about the next steps to follow if the tree is protected.
Preservation order search
In order to search 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 give you the information you require and direction.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you work on a tree that is protected without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I appeal an TPO or preservation order?
Yes, you can appeal a TPO or preservation order if you believe it is unjustified. But, you’ll need be able to present evidence to back your argument and demonstrate why you believe that the TPO or preservation order isn’t needed.
Can I cut down a tree that is protected tree?
It is against the law to remove protected trees without permission from the appropriate authorities. If you require removal of the tree then you must request permission and submit evidence to support your case.
Conclusion
In the end, determining if the tree is protected is a crucial aspect in ensuring that any tree work carried out legally. If you know the various types of protection and the best way to identify them to ensure you’re following the law and are protecting the trees you care for. If you’re not sure about the protection status of a tree, we recommend seeking advice from an experienced tree expert like Brisbane Tree Removal Arborists. Our team of experienced arborists can advise you on the protection status of your trees, and will guide you through the necessary steps to make sure you’re complying with the laws. With our knowledge and dedication to providing top-quality tree care we will help you preserve the beauty and worth of your trees. Contact us today at 0485 882 824 to schedule a appointment, and let us assist you to keep your trees protected and healthy.