The Consequences of Removing the Tree that is Protected and How to Avoid them
Trees play an essential part in the environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree in question, and the steps you need to take to ensure compliance with the law. In this article, we will help you understand the process of discovering whether the tree is safe and exactly what steps you will need be doing to make sure you comply with the law.
What is a protected tree?
A protected tree is subject to specific laws and regulations, and it’s illegal to works on a tree without having the appropriate permissions. There are two kinds of protection a tree might have: preservation and protection orders that are statutory.
Protection under the law
Under statutory protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant value to the public and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any kind of work, including cutting down.
How do I know whether a tree is safe?
To determine if the tree is protected, you will need to check if it is subject to an TPO or preservation orders. It is done by contacting your authorities in your area and asking them search their archives.
TPO search
If you want to find an TPO, you can contact the Tree and Woodland officer from the local authority. They will be able to tell you whether the tree is in the protection. They will also be able to guide you about the next steps to follow if the tree is protected.
Preservation order search
To search for a preservation order you must contact Secretary of State, Department of the Environment. They will be able to 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 protected tree without permission?
If you do work on a protected tree without the appropriate permits, you could be facing significant fines, and possibly even jail time.
Can I appeal an TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation or TPO if you believe it is unjustified. But, you’ll need be able to present evidence to back your argument and demonstrate that the TPO or the preservation decision is not necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without the required permissions. If you need removal of the tree it is necessary to apply for permission and provide proof to back your claim.
Conclusion
In the end, determining if a tree is protected is a vital step to ensure that any tree work is carried out legally. If you know the various types of protection and how to check for them to ensure you’re in compliance with the law and safeguarding the trees in your care. If you’re not sure about the nature of the protection of trees, we suggest consulting an expert in tree care such as Northern Beaches Tree Removal Sydney. Our arborists are experienced and will be able to advise you regarding the status of protection of your trees, and will guide you through the necessary steps to ensure you are acting within the legal guidelines. With our knowledge and dedication to provide high-quality tree services We can assist you to keep the beauty and value of your trees. Contact us today at 1300 931 904 to schedule a consultation, and let us assist you to keep your trees protected and healthy.