The Consequences of Destroying the Tree that is Protected and How to Avoid Them
Trees play an important role in our environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree you’re considering, and the steps you need to follow to be in compliance with the legal requirements. In this article, we will guide you through the process of discovering whether the tree is secured and the steps you need be doing to make sure that 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 It is illegal to{ carry out|| do} work on such a tree without obtaining the necessary permissions. There are two types of protection that a tree could be protected by - preservation and protection orders that are statutory.
Legal protection
Under legal protection, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from any kind of work, including cutting down.
What can I do to determine when a tree is in danger?
To determine if trees are protected, you will need to verify if it’s under an TPO or preservation orders. This can be done by contacting the municipal authority, and asking them to search their records.
TPO search
To search for the TPO, you can contact the Tree and Woodland officer at the local authority. They can inform you whether the tree is protected. They will also be able to advise you on the next steps to do if your 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 inform you whether the tree is protected and provide you with the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you{ carry out|| 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?
You can appeal to a TPO or preservation or TPO if you feel it is unjustified. However, you will need to prove your case and show your argument as to why it is not necessary to appeal the TPO or order to preserve is not necessary.
Can I remove a protected tree?
It is against the law to remove trees that are protected without permission from the appropriate authorities. If you need removal of the tree, you will need to request permission and submit evidence to support your case.
Conclusion
In the end, determining if the tree is protected is a crucial step to ensure that any tree work legally completed. By understanding the different types of protection, and knowing how to determine if they are protected it is possible to be sure that you’re in compliance with the law and protecting the trees in your care. If you’re not sure about the status of protection for a tree, we recommend seeking professional advice from an expert in tree care like Northern Beaches Tree Removal Sydney. Our experienced arborists will be able to advise you on the protection status of your trees and walk you through the{ necessary|| required} steps to ensure you are acting within the legal guidelines. With our expertise and commitment to providing high-quality tree services we will help you maintain the beauty and worth of your trees. Contact us now at 1300 931 904 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.