How do you determine if a Tree is Protected before removing it

Name: Tree Services Penrith NSW
Brand: Penrith Tree Services
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Posted by Penrith Tree Services on 7 Mar 2026

Trees play a crucial contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry additional protection status, making it illegal to perform 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 what steps you’ll need to follow to be in compliance with the legal requirements. In this article, we’ll guide you through the steps to determine if the tree is secured and the steps you will need take to be sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree is one that has been subjected to certain legal restrictions and it is unlawful to do works on a tree without having the appropriate permissions. There are two kinds of protection that a tree could be protected by - preservation and protection orders that are statutory.

Protection under the law

In the context of the law trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place 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 issued by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional worth and are therefore protected from any work, including felling.

How can I tell whether a tree is safe?

To determine whether the tree is protected, you need to verify if it’s under an TPO or preservation order. It is done by contacting the authorities in your area and asking them look up their records.

TPO search

To find the TPO You can reach an Tree or Woodland Official at the local authority. They will be able to tell you whether the tree is in the protection. They will also be able to advise you about 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 must contact Secretary of State, Department of the Environment. They will be able to determine whether the tree is protected and give you the necessary information and guidance.

FAQs:

What happens if I carry out work on a protected tree without permission?

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

Can I contest a TPO or preservation order?

You can appeal a TPO or preservation order if you feel it’s not justifiable. But, you’ll need to prove your claim and explain your argument as to why you believe that the TPO or preservation order isn’t necessary.

Can I remove a protected tree?

It is unlawful to take down protected trees without permission from the appropriate authorities. If you require the tree to be removed, you will need to seek permission from the council and provide evidence to support your case.

Conclusion

In the end, determining if a tree is protected is a vital step to ensure 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 are acting within the law and are protecting the trees you care for. If you’re not sure about the nature of the protection of a tree, we recommend seeking professional advice from an experienced tree expert like Penrith Tree Services. Our experienced arborists will be able to advise you regarding the status of protection of your trees, and will guide you through the required steps to ensure that you are complying with the law. With our expertise and commitment to providing top-quality tree care, we can help you keep the beauty and worth of your trees. Contact us today by phone at 0480 024 203 to schedule a consultation and let us help you keep your trees protected and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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