How to Determine if a Tree is Protected Before Removing It

Name: Aborist The Hills Shire NSW
Brand: The Hills Aborist
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Posted by The Hills Aborist on 20 Nov 2025

Trees play an important part in the environment, providing shade, clean air, and aesthetic value to our surroundings. However they are not all identical and some are granted extra protection status, which makes it illegal to perform any activity without authorization. If you are considering having a tree removed it is essential to know the protection status of the tree being considered and the steps you need to follow to be in compliance with the law. This article we will walk you through the process of determining whether trees are protected and what you need to do to ensure that you are following the law.

What exactly is a tree that is protected?

A protected tree is one that is subject to specific legal restrictions It is illegal to do works on a tree without the required permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.

Statutory protection

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

Preservation orders

Preservation orders are similar to TPOs , but are set up through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from any work, including felling.

How can I tell when a tree is in danger?

To determine whether the tree is protected, you must to determine if the tree is in the process of being subject to a TPO or preservation or protection order. It is done by contacting the municipal authority, and asking them to look up for records.

TPO search

To find the TPO You can reach your local Tree or Woodland Official of your local authority. They can inform you whether the tree is in the protection. They’ll also be able advise you on the next steps you should follow if the tree is protected.

Preservation order search

In order to search for a preservation order you’ll need to call secretary of state for Environment. They will be able to tell you whether the tree is in the protected zone and will provide the necessary information and guidance.

FAQs:

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

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

Can I appeal an TPO and/or preservation order?

Yes, you are able to appeal to a TPO or preservation order if you believe it is unjustified. But, you’ll need to prove your claim and explain that you believe that the TPO or preservation order isn’t needed.

Can I take down a protected tree?

It is illegal to remove protected trees without permission from the appropriate authorities. 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 crucial aspect in ensuring that tree work is carried out legally. By understanding the different types of protection, and knowing how to identify them, you can ensure that you’re following the law and are protecting the trees in your care. If you’re not sure about the protection status of trees, we suggest seeking professional advice from a reputable tree specialist like The Hills Aborist. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees, and will guide you through the required steps to make sure you’re acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care We can assist you to preserve the beauty and worth of your trees. Contact us now at 0480 024 267 to schedule a consultation and let us help you keep your trees safe and healthy.

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

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