The Repercussions of removing a Protected Tree and How to Avoid Them

Name: Tree Lopping Sydney NSW
Brand: Sydney Tree Lopping Services
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Posted by Sydney Tree Lopping Services on 7 Jul 2025

Trees play an essential part in the environment 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 additional protection status, making it illegal to carry out any activity without authorization. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree you’re considering, and the steps you need to take to comply with the law. The following article we’ll walk you through the process of determining whether the 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 has been subjected to certain legal restrictions, and it’s illegal to do works on a tree without having the appropriate permissions. There are two types of protection a tree could be protected by - statutory protection and preservation orders.

Protection under the law

In the context of the law, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant public value and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are protected from any work, including cutting down.

How can I tell if a tree is protected?

To determine whether a tree is protected, you must to check if it is in the process of being subject to an TPO or preservation or protection order. It is done by contacting the local authority and asking them to search their records.

TPO search

If you want to find a TPO, you can contact an Tree and Woodland officer from your local authority, who will be able to tell you if the tree is protected. They’ll also be able to guide you about the next steps to follow if the tree is in a protected area.

Preservation order search

If you are looking for a preservation order you will need to contact the Secretary of State for the Environment. They can determine whether the tree is protected and will provide the information you require and direction.

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 permits, you could be facing significant fines, and possibly even jail time.

Can I appeal to a TPO or preservation order?

Yes, you can appeal an appeal of a TPO or preservation or TPO if it’s not justifiable. But, you’ll need to prove your case and show why you believe that the TPO or the preservation decision isn’t needed.

Can I take down a protected tree?

It is illegal to remove a protected tree without obtaining the required permissions. If you need removal of the tree, you will need to request permission and submit the evidence needed to prove your case.

Conclusion

In the end, determining if trees are protected is an essential step to ensure that any tree work is 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 safeguarding the trees you care for. If you are unsure about the protection status of trees, we suggest seeking professional advice from an expert in tree care like Sydney Tree Lopping Services. Our arborists are experienced and will be able to advise you about the protection status of your trees and guide you through the necessary steps to make sure you’re following the legal guidelines. With our experience and dedication to providing high-quality tree services We can assist you to keep the beauty and value that your trees have. Call us now by phone at 1300 291 794 to schedule a consultation and let us assist you to keep your trees safe and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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