What is the definition of a tree that should be protected and how to find out

Name: Tree Services Blacktown NSW
Brand: Blacktown Tree Services
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Posted by Blacktown Tree Services on 22 May 2026

Trees play an important contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to carry out any work without permission. If you are considering having a tree removed it is essential to know the status of protection for the tree in question, and the steps you have to take to comply with the legal requirements. This article we will help you understand the process of discovering whether trees are secured and the steps you will need be doing to make sure you are acting within the law.

What is a protected tree?

A protected tree is one that has been subjected to certain legal restrictions, and it’s illegal to carry out works on a tree without having the appropriate permissions. There are two types of protection that trees could be protected by - preservation orders and protection orders.

Statutory protection

In the context of legal protection, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are similar to TPOs , but are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from any kind of work, including cutting down.

How can I tell whether a tree is safe?

To determine if trees are protected, you will need to verify if it’s in the process of being subject to a TPO or preservation orders. This can be accomplished by contacting your local authority and asking them to look up their archives.

TPO search

If you want to find an TPO, you can contact the Tree and Woodland officer from the local authority. They will inform you if the tree is protected. They’ll also be able advise you on the next steps to follow if the tree is in a protected area.

Preservation order search

To search for a preservation order, you will need to contact the Secretary of State for the Environment. They can inform you whether the tree is in the protected zone and give you the required information and guidelines.

FAQs:

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

If you work on a tree that is protected without the appropriate permits, you could be facing significant fines, and possibly even jail time.

Can I contest an TPO or preservation order?

Yes, you can appeal an appeal of a TPO or preservation or TPO if you feel it’s not justifiable. However, you will need to provide evidence to support your argument and demonstrate that it is not necessary to appeal the TPO or preservation order isn’t necessary.

Can I remove a protected tree?

It is unlawful to take down protected trees without permission from the appropriate authorities. If you need removal of the tree, you will need to seek permission from the council and provide evidence to support your case.

Conclusion

To conclude, knowing if the tree is protected is an essential step to ensure that any tree work legally completed. If you know the various types of protection, and knowing how to determine if they are protected, you can ensure that you’re following the law and safeguarding the trees you care for. If you are unsure about the status of protection for the tree you are in charge of, we suggest consulting an experienced tree expert, such as Blacktown Tree Services. Our experienced arborists will be able to advise you regarding the status of protection of your trees, and will guide you through the necessary steps to make sure you’re acting within the laws. With our knowledge and dedication to providing top-quality tree care, we can help you maintain the beauty and worth of your trees. Contact us today at 0480 024 203 to schedule a appointment, and let us assist you to keep your trees protected and healthy.

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

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