The Repercussions of removing an encircled 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 9 Nov 2024

Trees play an essential role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are identical and some are granted additional protection status, making it illegal to do any activity without authorization. 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 take to ensure compliance with the legal requirements. In this article, we’ll walk you through the steps to determine if trees are secured and the steps you will need take to be sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree is one that can be subject to specific laws and regulations, and it’s illegal to carry out work on such a tree without having the appropriate permissions. There are two types of protection that a tree may have - statutory protection and preservation orders.

Legal protection

As a matter of statutory protection trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant value to the public and to ensure that they are not damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs but are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes the felling.

What can I do to determine whether a tree is safe?

To determine if a tree is protected, you must to determine if the tree is in the process of being subject to an TPO or preservation order. This can be accomplished by contacting the local authority and asking them to search their records.

TPO search

To search for the TPO You can reach your local Tree or Woodland Official from the local authority. They will be able to tell you if the tree is protected. They’ll also be able to guide you on the next steps to take if the tree is in a protected area.

Preservation order search

If you are looking for a preservation permit, you must contact secretary of state for Environment. They will determine if the tree is protected and will provide the required information and guidelines.

FAQs:

What happens if I conduct work on a tree that is protected without permission?

If you work on a tree that is protected without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.

Can I appeal a TPO and/or preservation order?

You can appeal to a TPO or preservation decision if you feel it’s not justifiable. However, you will need be able to present evidence to back your claim and explain that the TPO or preservation order isn’t necessary.

Can I remove a protected tree?

It is illegal to remove trees that are protected without the required permissions. If you need the tree to be removed then you must seek permission from the council and provide proof to back your claim.

Conclusion

In the end, determining if a tree is protected is a vital step to ensure that tree work is legally completed. Understanding the different kinds of protection and the best way to identify them to ensure you’re in compliance with the law and protecting the trees that you are responsible for. If you’re not sure about the status of protection for a tree, we recommend seeking professional advice from an expert in tree care such as Sydney Tree Lopping Services. Our arborists are experienced and can advise you regarding the status of protection of your trees and guide you through the required steps to ensure that you are acting within the law. With our experience and dedication to providing high-quality tree services, we can help you maintain the beauty and value that your trees have. Contact us now at 1300 291 794 to schedule a consultation, and let us guide you on how to keep your trees safe and healthy.

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

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