What is the definition of a tree that should be protected and how to find out

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 important role in our environment, providing 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 obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree in question and what steps you’ll need to follow to be in compliance with the laws. The following article we will guide you through the steps to determine if a tree is secured and the steps you will need take to be sure that you are acting within the law.

What is a protected tree?

A protected tree is one that can be subject to specific legal controls It is illegal to do works on a tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - statutory protection and preservation orders.

Statutory protection

As a matter of the law, trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees of significant public value and to ensure that they do not get destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs , but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are protected from any kind of work, including felling.

How can I tell if a tree is protected?

To determine if a tree is protected, you must to verify if it’s under a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them search their records.

TPO search

To find a TPO, you can contact the Tree and Woodland Officer from the local authority. They can inform you whether the tree is protected. They’ll also be able advise you on the next steps to follow if the tree is protected.

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 inform 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 carry out work on a protected tree without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.

Can I appeal a TPO and/or preservation order?

Yes, you can appeal an appeal of a TPO or preservation decision if you believe that it is not justified. However, you will need be able to present evidence to back your claim and explain why it is not necessary to appeal the TPO or preservation order isn’t needed.

Can I take down a protected tree?

It is against the law to remove a protected tree without obtaining the necessary permissions. If you want the tree to be removed it is necessary to seek permission from the council and provide evidence to support your case.

Conclusion

To conclude, knowing if the tree is protected is a vital step to ensure that any tree work carried out legally. Understanding the different kinds of protection, and knowing how to check for them to ensure you are acting within the law and safeguarding the trees in your care. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest consulting an experienced tree expert like Sydney Tree Lopping Services. Our arborists are experienced and can advise you regarding the status of protection of your trees, and will guide you through the required steps to ensure that you are following the laws. With our knowledge and dedication to providing high-quality tree services We can assist you to maintain the beauty and value of your trees. 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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