The Consequences of Removing a Protected Tree and How to Avoid These

Name: Tree Services Penrith NSW
Brand: Penrith Tree Services
Rating: 4.9 (38 reviews)

Posted by Penrith Tree Services on 8 Nov 2024

Trees play an important role in our environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to do any work without obtaining permission. If you are considering having a tree removed it is essential to know the status of protection for the tree in question, and what steps you’ll need to follow to be in compliance with the legal requirements. This article we’ll guide you through the process of determining whether trees are safe and exactly what steps you will need be doing to make sure that you are following the law.

What is a protected tree?

A protected tree is one that is subject to specific laws and regulations, and it’s illegal to carry out works on a tree without having the appropriate permissions. There are two types of protection that a tree might have: statutory protection and preservation orders.

Legal protection

In the context of statutory protection trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant value to the public and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs but are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are protected from any kind of work, including felling.

What can I do to determine when a tree is in danger?

To determine if a tree is protected, you must to check if it is subject to a TPO or preservation order. This can be done by contacting your authorities in your area and asking them look up their archives.

TPO search

If you want to find the TPO You can reach your local Tree and Woodland Officer of your local authority, who can inform you whether the tree is protected. They will also be able advise you on the next steps to take if the tree is in a protected area.

Preservation order search

In order to search for a preservation order, you must contact secretary of state for Environment. They will inform you whether the tree is protected and will provide the information you require and direction.

FAQs:

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

If you work on a tree that is protected without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.

Can I appeal to a TPO or preservation order?

Yes, you are able to appeal a TPO or preservation order if you feel that it is not justified. You will have be able to present evidence to back your argument and demonstrate your argument as to why you believe that the TPO or the preservation decision isn’t necessary.

Can I cut down a tree that is protected tree?

It is illegal to remove a protected tree without obtaining permission from the appropriate authorities. If you require removal of the tree it is necessary to request permission and submit evidence to support your case.

Conclusion

In the end, determining if trees are protected is a vital step in ensuring that any tree work legally completed. Understanding the different kinds of protection, and knowing how to determine if they are protected, you can ensure that you’re in compliance with the law and safeguarding the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend seeking professional advice from an expert in tree care such as Penrith Tree Services. Our arborists are experienced and will be able to inform you about the protection status of your trees and walk you through the required steps to ensure that you are acting within the legal guidelines. With our experience and dedication to providing high-quality tree services we will help you keep the beauty and worth that your trees have. Contact us now at 0480 024 203 to schedule a consultation, and let us assist you to keep your trees protected and healthy.

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

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