How to Determine the extent of protection a tree has before removing it

Name: Tree Removal Eastern Suburbs NSW
Brand: Eastern Suburbs Tree Removal
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Posted by Eastern Suburbs Tree Removal on 23 Mar 2026

Trees play an important part in the environment by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are identical and some are granted additional protection status, making it illegal to do any activity without authorization. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree you’re considering, and the steps you need to take to ensure 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 to do to ensure that you comply with the law.

What exactly is a tree that is protected?

A protected tree is subject to specific legal restrictions It is illegal to carry out works on a tree without the required permissions. There are two kinds of protection that a tree might have: preservation and protection orders that are statutory.

Legal protection

In the context of statutory protection trees are protected under law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees with a significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs but are set up through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from any work, including felling.

How do I know whether a tree is safe?

To determine whether trees are protected, you need to determine if the tree is under a TPO or preservation order. This can be accomplished by contacting the municipal authority, and asking them to search their records.

TPO search

If you want to find the TPO, you can contact your local Tree and Woodland Officer at the local authority. They will inform you if the tree is protected. They will also be able to guide you on the next steps to take if the tree is in a protected area.

Preservation order search

In order to search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They can inform you if the tree is protected and give you the information you require and direction.

FAQs:

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

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

Can I contest a TPO Or preservation or TPO?

Yes, you can appeal to a TPO or preservation decision if you feel it’s not justifiable. You will have be able to present evidence to back your case and show that the TPO or order to preserve isn’t needed.

Can I take down a protected tree?

It is unlawful to take down trees that are protected without permission from the appropriate authorities. If you require the tree to be removed then you must request permission and submit the evidence needed to prove your case.

Conclusion

To conclude, knowing if trees are protected is a crucial step in ensuring that tree work is carried out legally. By understanding the different types of protection and how to determine if they are protected it is possible to be sure that you are acting within the law and protecting the trees you care for. If you’re unsure of the protection status of a tree, we recommend seeking professional advice from an expert in tree care, such as Eastern Suburbs Tree Removal. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and guide you through the required steps to ensure you are complying with the law. With our knowledge and dedication to provide high-quality tree services We can assist you to keep the beauty and worth of your trees. Contact us today at 1300 636 143 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.

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

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