How do I determine if a Tree is Protected Before Removing It

Name: Tree Lopping Western Sydney NSW
Brand: Western Sydney Tree Lopping
Rating: 4.9 (38 reviews)

Posted by Western Sydney Tree Lopping on 9 Apr 2025

Trees play an essential part in the environment by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to carry out any work without permission. If you are considering 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 ensure compliance with the law. In this article, we’ll guide you through the process of discovering whether the tree is safe and exactly what steps you will need be doing to make sure that you are acting within the law.

What is a protected tree?

A protected tree can be subject to specific legal restrictions and it is unlawful to do work on such a tree without the required permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.

Protection under the law

Under statutory protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and to ensure that they are not damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes felling.

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

To determine if trees are protected, you will need to check if it is subject to the protection of a TPO or preservation orders. This can be accomplished by contacting the municipal authority, and asking them to check their records.

TPO search

If you want to find a TPO, you can contact an Tree and Woodland Officer at your local authority, who can inform you if the tree is protected. They will also be able to guide you on the next steps to take if the tree is protected.

Preservation order search

To search for a preservation permit, you will need to contact the Secretary of State for the Environment. They will be able to determine whether the tree is protected and give you the required information and guidelines.

FAQs:

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

If you do work on a tree that is protected without the appropriate permissions, you could face substantial fines and even imprisonment.

Can I appeal to a TPO or preservation order?

Yes, you can appeal a TPO or preservation or TPO if you believe that it is not justified. You will have to prove your claim and explain why you believe that the TPO or preservation order isn’t needed.

Can I cut down a tree that is protected tree?

It is illegal to remove trees that are protected without the required permissions. 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 an essential step to ensure that tree work is carried out legally. Understanding the different kinds of protection and the best way to determine if they are protected to ensure you’re in compliance with the law and are protecting the trees that you are responsible for. If you’re unsure of the nature of the protection of trees, we suggest seeking advice from an experienced tree expert, such as Western Sydney Tree Lopping. Our team of experienced arborists will be able to inform you on the protection status of your trees and guide you through the required steps to ensure you are complying with the law. With our experience and dedication to providing top-quality tree care we will help you maintain the beauty and value for your tree. Contact us now by calling 1300 501 785 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.

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

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