How do you determine whether a Tree is protected Before Removing It

Name: Tree Removal Sydney NSW
Brand: Sydney Tree Removal
Rating: 4.9 (38 reviews)

Posted by Sydney Tree Removal on 6 Jul 2024

Trees play an important role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree you’re considering and what steps you’ll need to take to comply with the law. This article we’ll walk you through the steps to determine if trees are safe and exactly what steps you will need be doing to make sure you are following the law.

What is a protected tree?

A protected tree is subject to specific legal restrictions and it is unlawful to work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that trees might have: preservation orders and protection orders.

Statutory protection

Under legal protection, trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard 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 from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from any kind of work, including cutting down.

What can I do to determine whether a tree is safe?

To determine whether trees are protected, you need to determine if the tree is subject to the protection of a TPO or preservation orders. This can be accomplished by contacting your municipal authority, and asking them to look up their records.

TPO search

To find the TPO to locate one, contact an Tree and Woodland Officer of your local authority, who will be able to tell you whether the tree is in the protection. They’ll also be able to guide you on the next steps to follow if the tree is in a protected area.

Preservation order search

To search for a preservation order, you must contact secretary of state for Environment. They will be able to tell you whether the tree is protected and will provide the necessary information and guidance.

FAQs:

What is the consequence if I do work on a protected tree without permission?

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

Can I appeal an TPO and/or preservation order?

Yes, you can appeal a TPO or preservation order if you feel it’s not justifiable. But, you’ll need to provide evidence to support your case and show your argument as to why the TPO or order to preserve isn’t needed.

Can I take down a protected tree?

It is unlawful to take down trees that are protected without the necessary permissions. If you need removal of the tree, you will need to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

To conclude, knowing if the tree is protected is a crucial step to ensure that any tree work legally completed. Understanding the different kinds of protection and the best way to check for them to ensure you’re following the law and safeguarding the trees you care for. If you’re unsure of the nature of the protection of trees, we suggest seeking professional advice from an experienced tree expert, such as Sydney Tree Removal. Our team of experienced arborists can advise you regarding the status of protection of your trees and walk you through the steps to ensure you are following the legal guidelines. With our expertise and commitment to providing top-quality tree care we will help you preserve the beauty and worth of your trees. Contact us today at 1300 636 143 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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