The Repercussions of removing a Protected Tree and How to Avoid Them
Trees play a crucial contribution to our ecosystem as they provide shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have an additional status of protection, making it illegal to carry out any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree you’re considering, and the steps you have to take to ensure compliance with the law. This article we will help you understand the steps to determine if trees are safe and exactly what steps you need be doing to make sure you are acting within the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations, and it’s illegal to do work on a protected tree without the required permissions. There are two types of protection that a tree might have: preservation and protection orders that are statutory.
Legal protection
As a matter of the law, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted 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 put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes felling.
How do I know whether a tree is safe?
To determine if a tree is protected, you must to check if it is subject to the protection of a TPO or preservation or protection order. It is done by contacting your authorities in your area and asking them search their records.
TPO search
To find the TPO to locate one, contact an Tree or Woodland Official from the local authority. They can inform you whether the tree is protected. They will also be able to guide you on the next steps to follow if the tree is protected.
Preservation order search
If you are looking for a preservation permit, you must contact Secretary of State, Department of the Environment. They will tell you if the tree is protected and provide you with the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you carry out work on a protected tree without the proper permissions, you could face significant fines, and possibly even jail time.
Can I appeal a TPO and/or preservation order?
You can appeal a TPO or preservation decision if you feel that it is not justified. You will have to provide evidence to support your case and show your argument as to why the TPO or preservation order isn’t necessary.
Can I remove a protected tree?
It is against the law to remove a protected tree without obtaining permission from the appropriate authorities. If you want removal of the tree it is necessary to apply for permission and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether trees are protected is a vital aspect in ensuring that tree work is carried out legally. By understanding the different types of protection and how to check for them, you can ensure that you are acting within the law and protecting the trees you care for. If you’re unsure of the status of protection for trees, we suggest seeking advice from a reputable tree specialist like Western Sydney Tree Removal. Our experienced arborists will be able to inform you on the protection status of your trees and guide you through the required steps to ensure that you are following the laws. With our expertise and commitment to providing top-quality tree care, we can help you keep the beauty and worth that your trees have. Call us now by phone at 1300 636 143 to schedule a consultation, and let us assist you to keep your trees protected and healthy.