What Makes a Tree Protected and how to find out

Name: Aborist The Hills Shire NSW
Brand: The Hills Aborist
Rating: 4.9 (38 reviews)

Posted by The Hills Aborist on 9 Apr 2026

Trees play a crucial part in the environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have additional protection status, making it illegal to perform any activity without authorization. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered and what steps you’ll need to follow to be in compliance with the laws. This article we will walk you through the process of discovering whether a tree is secured and the steps you will need take to be sure that you are acting within the law.

What exactly is a tree that is protected?

A protected tree has been subjected to certain laws and regulations, and it’s illegal to do work on such a tree without the required permissions. There are two kinds of protection that a tree may have - preservation and protection orders that are statutory.

Legal protection

In the context of legal protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public 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. Trees with preservation orders are considered to be of exceptional value and are protected from all work, which includes the felling.

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

To determine if the tree is protected, you need to verify if it’s under an TPO or preservation order. It is done by contacting your municipal authority, and asking them to look up their records.

TPO search

If you want to find an TPO to locate one, contact the Tree or Woodland Official of your local authority. They will inform you if the tree is protected. They’ll also be able advise you on the next steps to take if the tree is protected.

Preservation order search

In order to search for a preservation order you will need to contact secretary of state for Environment. They will be able to inform you whether the tree is protected and provide you with the information you require and direction.

FAQs:

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

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

Can I appeal an 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 be able to present evidence to back your case and show your argument as to why the TPO or the preservation decision isn’t necessary.

Can I take down a protected tree?

It is against the law to remove protected trees without the necessary permissions. If you want removal of the tree it is necessary to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

To conclude, knowing if a tree is protected is a vital step in ensuring that any tree work is carried out legally. By understanding the different types of protection and the best way to determine if they are protected, you can ensure that you’re following the law and protecting the trees in your care. If you’re unsure of the nature of the protection of trees, we suggest seeking professional advice from a reputable tree specialist such as The Hills Aborist. Our arborists are experienced and will be able to advise you about the protection status of your trees, and will guide you through the steps to make sure you’re complying with the law. With our experience and dedication to providing top-quality tree care We can assist you to keep the beauty and worth that your trees have. Contact us now by calling 0480 024 267 to schedule a consultation and let us help you keep your trees protected and healthy.

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

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