What is the definition of a tree that should be protected and How to Find Out

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

Posted by Penrith Tree Lopping on 9 Dec 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 extra protection status, which makes it illegal to carry out any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree being considered and what steps you’ll need to follow to be in compliance with the law. The following article we’ll help you understand the process of determining whether a tree is safe and exactly what steps you need be doing to make sure you comply with the law.

What is a protected tree?

A protected tree has been subjected to certain laws and regulations It is illegal to carry out work on such a tree without obtaining the necessary permissions. There are two types of protection a tree may have - statutory protection and preservation orders.

Statutory protection

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

Preservation orders

Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from any work, including felling.

How can I tell whether a tree is safe?

To determine whether a tree is protected, you need to verify if it’s under the protection of a TPO or preservation or protection order. It is done by contacting the authorities in your area and asking them search their archives.

TPO search

To search for the TPO, you can contact your local Tree and Woodland officer of your local authority. They can inform you if the tree is protected. They’ll also be able to guide you on the next steps to take if the tree is in a protected area.

Preservation order search

If you are looking for a preservation order, you must contact Secretary of State, Department of the Environment. They can inform you whether the tree is in the protected zone and give you the information you require and direction.

FAQs:

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

If you carry out work on a tree that is protected without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.

Can I contest to a TPO or preservation order?

You can appeal a TPO or preservation or TPO if you feel it’s not justifiable. However, you will need to provide evidence to support your case and show your argument as to why the TPO or the preservation decision isn’t needed.

Can I take down a protected tree?

It is illegal to remove a protected tree without obtaining the required permissions. If you require the tree to be removed it is necessary to seek permission from the council and provide proof to back your claim.

Conclusion

In the end, determining if a tree is protected is an essential step to ensure that tree work is carried out legally. By understanding the different types of protection, and knowing how to identify them it is possible to be sure that you are acting within the law and protecting the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend seeking professional advice from an experienced tree expert, such as Penrith Tree Lopping. Our team of experienced arborists will be able to inform you regarding the status of protection of your trees and walk you through the necessary steps to ensure that you are complying with the legal guidelines. With our knowledge and dedication to provide high-quality tree services, we can help you preserve the beauty and worth for your tree. Call us now at 0480 024 203 to schedule a consultation and let us help you 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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