What is the definition of a tree that should be protected and How Do I Find Out
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Trees play a crucial role in our environment, providing shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t identical and some are granted an additional status of protection, making it illegal to perform any activity without authorization. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree in question and the steps you have to take to ensure compliance with the legal requirements. This article we’ll walk you through the process of determining whether a tree is safe and exactly what steps you have to do to ensure you are following the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific legal controls and it is unlawful to work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that trees may have - preservation orders and protection orders.
Statutory protection
As a matter of the law, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees of significant value to the public and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place 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 the felling.
What can I do to determine when a tree is in danger?
To determine if trees are protected, you need to determine if the tree is in the process of being subject to a TPO or preservation orders. It is done by contacting the local authority and asking them to check for records.
TPO search
To search for a TPO to locate one, contact the Tree or Woodland Official at the local authority. They will inform you whether the tree is in the protection. They’ll also be able to guide you about the next steps to take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order, you must contact the Secretary of State for the Environment. They will be able to tell you whether the tree is in the protected zone and provide you with the required information and guidelines.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a tree that is protected without the proper authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal an TPO or preservation order?
Yes, you can appeal a TPO or preservation decision if you believe it’s not justifiable. You will have to provide evidence to support your argument and demonstrate your argument as to why the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is illegal to remove protected trees without the necessary permissions. If you need the tree to be removed then you must apply for permission and provide evidence to support your case.
Conclusion
To conclude, knowing if the tree is protected is an essential aspect in ensuring that any tree work legally completed. By understanding the different types of protection, and knowing how to determine if they are protected, you can ensure that you are acting within the law and protecting the trees in your care. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest consulting an experienced tree expert, such as Inner West Tree Removal. Our team of experienced arborists will be able to inform you about the protection status of your trees, and will guide you through the steps to make sure you’re acting within the laws. With our experience 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 636 143 to schedule a appointment, and let us assist you to keep your trees protected and healthy.