What makes a tree protected and How Do I Find Out

Posted by Western Sydney Tree Lopping on 26 Oct 2025

Trees play an important role in our environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are alike and some have an additional status of protection, making it illegal to carry out any activity without authorization. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree you’re considering and the steps you need to take to ensure compliance with the law. In this article, we will help you understand the process of determining whether trees are safe and exactly what steps you have to do to ensure that you are acting within the law.

What is a protected tree?

A protected tree is one that is subject to specific legal restrictions, and it’s illegal to work on a protected tree without obtaining the necessary permissions. There are two types of protection that trees might have: statutory protection and preservation orders.

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 to protect trees of significant public value and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from any kind of work, including felling.

How can I tell whether a tree is safe?

To determine whether a tree is protected, you will need to check if it is under the protection of a TPO or preservation order. This can be done by contacting the local authority and asking them to search for records.

To search for an TPO, you can contact an Tree and Woodland officer from your local authority. They will inform you if the tree is protected. They will also be able to guide you about the next steps to do if your tree is in a protected area.

To search for a preservation order, you will need to contact secretary of state for Environment. They can determine whether the tree is protected and give you the information you require and direction.

FAQs:

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

If you work on a protected tree without the proper permissions, you could face massive fines or even prison.

Can I contest to a TPO and/or preservation order?

Yes, you are able to appeal an appeal of a TPO or preservation decision if you feel that it is not justified. However, you will need be able to present evidence to back your case and show why the TPO or order to preserve isn’t necessary.

Can I remove a protected tree?

It is illegal to remove protected trees without permission from the appropriate authorities. If you want removal of the tree then you must request permission and submit the evidence needed to prove your case.

Conclusion

In the end, determining if the tree is protected is a vital aspect in ensuring that any tree work is legally completed. By understanding the different types of protection and the best way to determine if they are protected, you can ensure that you are acting within the law and are protecting the trees in your care. If you’re not sure about the status of protection for the tree you are in charge of, we suggest seeking professional advice from a reputable tree specialist such as Western Sydney Tree Lopping. Our experienced arborists will be able to inform you on the protection status of your trees, and will guide you through the steps to ensure that you are following the laws. With our experience and dedication to provide high-quality tree services, we can help you maintain the beauty and value of your trees. Contact us now by phone at 1300 501 785 to schedule a consultation, and let us help you keep your trees safe and healthy.

To get a service you are sure to be happy with, the Western Sydney Tree Lopping team will be able to handle any job safely, quick and economically.
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