The Consequences of Destroying the Tree that is Protected and How to Avoid Them
Trees play an essential role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to carry out any work without permission. If you’re considering having a tree removed it is essential to know the protection status of the tree you’re considering, and the steps you have to take to ensure compliance with the law. This article we’ll help you understand the steps to determine if a tree is safe and exactly what steps you need be doing to make sure you comply with the law.
What exactly is a tree that is protected?
A protected tree has been subjected to certain legal restrictions, and it’s illegal to work on such a tree without having the appropriate permissions. There are two types of protection a tree might have: preservation orders and protection orders.
Protection under the law
In the context of the law trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from any work, including the felling.
How can I tell whether a tree is safe?
To determine if trees are protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation order. This can be done by contacting the municipal authority, and asking them to look up their records.
TPO search
To search for a TPO You can reach an Tree or Woodland Official at the local authority. They will inform you if the tree is protected. They will also be able to advise you on the next steps to take if the tree is protected.
Preservation order search
If you are looking for a preservation order, you will need to 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 conduct work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate permits, you could be facing significant fines, and possibly even jail time.
Can I appeal to a TPO Or preservation or TPO?
You can appeal an appeal of a TPO or preservation order if that it is not justified. You will have to provide evidence to support your case and show your argument as to why you believe that the TPO or preservation order isn’t necessary.
Can I remove a protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you want removal of the tree it is necessary to apply for permission and provide evidence to support your case.
Conclusion
To conclude, knowing if a tree is protected is an essential aspect in ensuring that any tree work is carried out legally. By understanding the different types of protection, and knowing how to identify them to ensure you are acting within the law and safeguarding the trees you care for. If you are unsure about the nature of the protection of a tree, we recommend seeking professional advice from a reputable tree specialist like Northern Beaches Tree Removal. Our team of experienced arborists can advise you on the protection status of your trees and walk 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 maintain the beauty and value for your tree. Contact us now by phone at 1300 636 143 to schedule a consultation, and let us assist you to keep your trees safe and healthy.