Avoiding the Tree Removal Mistakes that can be made: How to Know whether a Tree is protected

Name: Tree Services Penrith NSW
Brand: Penrith Tree Services
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Posted by Penrith Tree Services on 8 Nov 2024

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 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 the steps you need to follow to be in compliance with the legal requirements. In this article, we’ll help you understand the process of determining whether a tree is safe and exactly what steps you have be doing to make sure you are acting within the law.

What is a protected tree?

A protected tree is one that is subject to specific legal restrictions and it is unlawful to work on such a tree without the required permissions. There are two types of protection a tree might have: statutory protection and preservation orders.

Protection under the law

Under statutory protection trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and to ensure that they do not get destroyed or damaged.

Preservation orders

Preservation orders are like TPOs in that they 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 shielded from any work, including cutting down.

How do I know if a tree is protected?

To determine whether the tree is protected, you will need to check if it is subject to a TPO or preservation order. It is done by contacting your municipal authority, and asking them to look up for records.

TPO search

To search for the TPO to locate one, contact an Tree or Woodland Official from the local authority. They will be able to tell you if the tree is protected. They will also be able advise you on the next steps to do if your tree is protected.

Preservation order search

If you are looking for a preservation order you’ll need to call the Secretary of State for the Environment. They can determine whether the tree is in the protected zone and provide you with the necessary information and guidance.

FAQs:

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

If you do work on a tree that is protected without the appropriate permissions, you could face substantial fines and even imprisonment.

Can I appeal an TPO or preservation order?

Yes, you are able to appeal a TPO or preservation decision if you believe it is unjustified. However, you will need to prove your argument and demonstrate your argument as to why the TPO or preservation order isn’t needed.

Can I cut down a tree that is protected tree?

It is unlawful to take down protected trees without the required permissions. If you want removal of the tree it is necessary to apply for permission and provide evidence to support your case.

Conclusion

To conclude, knowing if the tree is protected is a crucial aspect in ensuring that any tree work is legally completed. Understanding the different kinds of protection and how to identify them it is possible to be sure that you are acting within the law and are protecting the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend seeking advice from a reputable tree specialist, such as Penrith Tree Services. Our experienced arborists will be able to inform you about the protection status of your trees and guide you through the required steps to ensure that you are acting within the laws. With our knowledge and dedication to providing high-quality tree services we will help you preserve the beauty and worth for your tree. Contact us now by calling 0480 024 203 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.

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

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