The Consequences of Destroying the Tree that is Protected and How to Avoid Them

Name: Tree Services Penrith NSW
Brand: Penrith Tree Services
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Posted by Penrith Tree Services on 4 May 2024

Trees play a crucial role in our environment as they provide shade, clean 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 perform any work without permission. If you are considering 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 follow to be in compliance with the legal requirements. The following article we will guide you through the steps to determine if trees are secured and the steps you have to do to ensure that you are acting within the law.

What exactly is a tree that is protected?

A protected tree can be subject to specific legal controls, and it’s illegal to carry out work on such a tree without obtaining the necessary permissions. There are two types of protection that a tree might have: preservation orders and protection orders.

Protection under the law

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

Preservation orders

Preservation orders are similar to TPOs but are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional value and are protected from any kind of work, including the felling.

How do I know if a tree is protected?

To determine whether a tree is protected, you must to determine if the tree is subject to an TPO or preservation or protection order. It is done by contacting your local authority and asking them to look up their records.

TPO search

To find a TPO You can reach an Tree or Woodland Official 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 you should take if the tree is protected.

Preservation order search

To search for a preservation order, you will need to contact the Secretary of State for the Environment. They can inform you whether the tree is in the protected zone and will provide the required information and guidelines.

FAQs:

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

If you work on a protected tree without obtaining the necessary authorizations, you could be subject to substantial fines and even imprisonment.

Can I appeal a TPO or preservation order?

Yes, you are able to appeal to a TPO or preservation decision if you believe it’s not justifiable. But, you’ll need to provide evidence to support your argument and demonstrate why the TPO or order to preserve isn’t needed.

Can I take down a protected tree?

It is against the law to remove protected trees without the required permissions. If you require removal of the tree then you must seek permission from the council and provide evidence to support your case.

Conclusion

In conclusion, discovering whether trees are protected is a vital step to ensure that any tree work legally completed. By understanding the different types of protection, and knowing how to determine if they are protected it is possible to be sure that you’re in compliance with the law and protecting the trees that you are responsible for. If you’re unsure of the protection status of the tree you are in charge of, we suggest consulting an expert in tree care like Penrith Tree Services. Our team of experienced arborists will be able to inform you on the protection status of your trees and guide you through the steps to ensure that you are following the legal guidelines. With our expertise and commitment to provide high-quality tree services We can assist you to keep the beauty and worth for your tree. Contact us now by phone at 0480 024 203 to schedule a consultation 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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