Avoiding the Tree Removal Mistakes that can be made: How to Know whether a Tree is protected

Name: Tree Services Hawkesbury NSW
Brand: Hawkesbury Tree Services
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Posted by Hawkesbury Tree Services on 9 Nov 2025

Trees play an important role in our environment as they provide shade, clean air, and aesthetic value to our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to do any work without permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree in question and the steps you need to take to comply with the laws. The following article we’ll help you understand the process of discovering whether the tree is safe and exactly what steps you need to do to ensure that you comply with the law.

What is a protected tree?

A protected tree is one that can be subject to specific legal controls and it is unlawful to carry out work on a protected tree without obtaining the necessary permissions. There are two types of protection a tree may have - preservation orders and protection orders.

Statutory protection

Under the law trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and to ensure that they do not get damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs , but are put in place by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any work, including the felling.

How do I know whether a tree is safe?

To determine if the tree is protected, you need to verify if it’s in the process of being subject to the protection of a TPO or preservation orders. This can be accomplished by contacting the authorities in your area and asking them search for records.

TPO search

To search for the TPO, you can contact an Tree or Woodland Official at your local authority. They can inform you whether the tree is protected. They will also be able advise you on the next steps to do if your 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 determine whether the tree is in the protected zone and will provide the required information and guidelines.

FAQs:

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

If you work on a protected tree without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.

Can I contest an TPO or preservation order?

Yes, you are able to appeal to a TPO or preservation decision if you believe it’s not justifiable. But, you’ll need to provide evidence to support your case and show your argument as to why you believe that the TPO or order to preserve is not necessary.

Can I remove a protected tree?

It is unlawful to take down trees that are protected without permission from the appropriate authorities. If you require removal of the tree then you must seek permission from the council and provide evidence to support your case.

Conclusion

To conclude, knowing if the tree is protected is an essential aspect in ensuring that any tree work is carried out legally. Understanding the different kinds of protection and the best way to check for them, you can ensure that you’re following the law and safeguarding the trees you care for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest seeking advice from an experienced tree expert like Hawkesbury Tree Services. Our arborists are experienced and can advise you regarding the status of protection of your trees and walk you through the required steps to ensure you are complying with the laws. With our experience and dedication to provide high-quality tree services we will help you preserve the beauty and value for your tree. Contact us today at 0480 024 203 to schedule a appointment, 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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