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

Posted by Tree Removal Brisbane on 28 Apr 2025

Trees play a crucial role in our environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any activity without authorization. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree in question, and the steps you need to take to ensure compliance with the law. In this article, we will help you understand the process of discovering whether a tree is protected and what you will need take to be sure that you comply with the law.

What is a protected tree?

A protected tree has been subjected to certain legal restrictions It is illegal to work on a protected tree without having the appropriate permissions. There are two kinds of protection a tree may have - preservation and protection orders that are statutory.

Protection under the law

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

Preservation orders

Preservation orders are similar to TPOs , but are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are protected from all work, which includes felling.

How can I tell whether a tree is safe?

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 orders. It is done by contacting your municipal authority, and asking them to check their archives.

To find an TPO You can reach your local Tree or Woodland Official at your local authority. They will be able to tell you whether the tree is in the protection. They will also be able advise you on the next steps to do if your tree is protected.

To search for a preservation order you will need to contact secretary of state for Environment. They will be able to determine whether the tree is protected and provide you with the required information and guidelines.

FAQs:

What is the consequence if I do work on a protected tree without permission?

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

Can I contest a TPO Or preservation or TPO?

You can appeal to a TPO or preservation decision if you believe that it is not justified. You will have to provide evidence to support your argument and demonstrate your argument as to why you believe that the TPO or preservation order is not necessary.

Can I remove a protected tree?

It is illegal to remove a protected tree without obtaining the required permissions. If you require removal of the tree then you must apply for permission and provide the evidence needed to prove your case.

Conclusion

In conclusion, discovering whether the tree is protected is a vital step in ensuring that tree work is legally completed. If you know the various types of protection, and knowing how to determine if they are protected, you can ensure that you’re following the law and are protecting the trees that you are responsible for. If you’re unsure of the protection status of trees, we suggest seeking advice from an expert in tree care such as Tree Removal Brisbane. Our team of experienced arborists will be able to inform you regarding the status of protection of your trees and walk you through the steps to make sure you’re acting within the law. With our knowledge and dedication to providing top-quality tree care we will help you keep the beauty and value of your trees. Contact us today at 0485 882 831 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.

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