How to Determine whether a Tree is protected Prior to removing it
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Trees play an important contribution to our ecosystem by providing shade, fresh air and aesthetic value our surroundings. However they are not all alike and some have extra protection status, which makes it illegal to carry out any activity without authorization. If you’re thinking of having a tree removed it is essential to know the protection status of the tree you’re considering and what steps you’ll need to follow to be in compliance with the law. In this article, we will walk you through the process of determining whether trees are protected and what you will need take to be sure that you are following the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations and it is unlawful to carry out work on a protected tree without the required permissions. There are two types of protection that a tree may have - preservation orders and protection orders.
Legal protection
As a matter of the law trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up through the secretary of state for the Environment. Preservation orders for trees are considered to be of exceptional value and are protected from all work, which includes the felling.
How can I tell when a tree is in danger?
To determine whether trees are protected, you will need to check if it is under an TPO or preservation orders. It is done by contacting your authorities in your area and asking them search for records.
TPO search
To find the TPO, you can contact an Tree and Woodland Officer at your local authority. They will inform you if the tree is protected. They’ll also be able advise you about the next steps to follow if the tree is protected.
Preservation order search
In order to search for a preservation order you must contact Secretary of State, Department of 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 work on a tree that is protected without the appropriate authorizations, you could be subject to massive fines or even prison.
Can I appeal to a TPO or preservation order?
Yes, you are able to appeal an appeal of a TPO or preservation or TPO if you feel it’s not justifiable. But, you’ll need to prove your claim and explain that you believe that the TPO or order to preserve isn’t needed.
Can I remove a protected tree?
It is against the law to remove trees that are protected without the necessary permissions. If you want the tree to be removed it is necessary to apply for permission and provide evidence to support your case.
Conclusion
To conclude, knowing if trees are protected is a vital step to ensure that tree work is carried out legally. If you know the various types of protection and the best way to check for them to ensure you’re following the law and protecting the trees that you are responsible for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest seeking advice from an experienced tree expert such as Northern Beaches Tree Removal Sydney. Our 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 complying with the law. With our expertise and commitment to provide high-quality tree services we will help you keep the beauty and value of your trees. Contact us now by phone at 1300 931 904 to schedule a consultation and let us assist you to keep your trees safe and healthy.