How do you determine the extent of protection a tree has Prior to removing it

Posted by Brisbane Tree Removal Arborists on 1 Aug 2025

Trees play an important part in the environment as they provide shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have an additional status of protection, making it illegal to perform any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree in question and what steps you’ll need to take to ensure compliance with the legal requirements. The following article we’ll walk you through the process of determining whether trees are safe and exactly what steps you have be doing to make sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree is subject to specific laws and regulations and it is unlawful to do work on a protected tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - preservation and protection orders that are statutory.

Protection under the law

In the context of legal protection trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and ensure they are not damaged or destroyed.

Preservation orders

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

How do I know when a tree is in danger?

To determine whether trees are protected, you need to check if it is in the process of being subject to the protection of a TPO or preservation orders. This can be done by contacting your local authority and asking them to search their records.

If you want to find an TPO to locate one, contact your local Tree or Woodland Official of the local authority. They will inform you if the tree is protected. They’ll also be able to advise you on the next steps to do if your tree is protected.

To search for a preservation order you must contact the Secretary of State for the 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 tree that is protected without the proper permissions, you could face massive fines or even prison.

Can I contest to a TPO or preservation order?

Yes, you are able to appeal a TPO or preservation or TPO if you feel that it is not justified. However, you will need to prove your case and show why you believe that the TPO or preservation order is not necessary.

Can I remove a protected tree?

It is unlawful to take down protected trees without the required permissions. If you want removal of the tree then you must apply for permission and provide proof to back your claim.

Conclusion

To conclude, knowing if a tree is protected is a crucial aspect in ensuring that tree work is legally completed. By understanding the different types of protection and the best way to check for them, you can ensure that you’re in compliance with the law and safeguarding the trees that you are responsible for. If you’re unsure of the protection status of a tree, we recommend seeking professional advice from an experienced tree expert, such as Brisbane Tree Removal Arborists. Our experienced arborists can advise you about the protection status of your trees and guide you through the required steps to ensure that you are following the legal guidelines. With our knowledge and dedication to providing high-quality tree services, we can help you keep the beauty and worth of your trees. Contact us today by calling 0485 882 824 to schedule a consultation, and let us help you keep your trees protected and healthy.

When you want tree removal services, it is almost always a fantastic idea to have an expert arborist take care of the tree for you for safety reasons when dealing with dangerous trees.
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