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Legal Implications of Tree Works
Trees are protected in many ways
by
Common Law or Statute Law
Common Law decided over time using previous cases to decide the outcome of disputes.
Statute Law derived from acts of parliament, often with structured and suggested penalties.
The Wildlife and Countryside Act 1981
Sites of Special Scientific Interest SSSIs.
Protected species and their habitat such as schedule 1 and 2 Birds
The nesting season is 1st MARCH to 31 JULY annually
other protected dspecies are Bats, Red squirrels. Dormice.
Forestry Act 1967
Concerns felling licensing, consent may be required before felling.
Town and Country Planning act 1971
Tree preservation Orders TPO's
Trees protected under Conservation area orders.
Sites of Archeological importance.
Note before working upon any tree check with the local authority planning section they will advise upon the status of the tree and whether any permissions are required.
LA Trees are not usually covered but are protected under Common Law.
Exemptions to statute protection are the following.
Those trees cut or removed by statute undertakers, MOD, Aviation authority, by Government estates or Dead, Dying or Dangerous Trees.& their limbs
Fruit trees in a commercial Orchard.
FAILURE TO COMPLY WITH THE TOWN AND COUNTRY PLANNING ACT COULD RESULT IN A £20 000+ FINE. FOR YOU & THE CONTRACTOR
What CHECKS can YOU MAKE to Get A REPUTATBLE FIRM
CHEAPEST ISNT ALWAYS THE BEST YOU can get what you pay for !!
FIRSTLY ASK TO SEE INSURANCE & VOCALTIONAL QUALIFICATIONS ie 'NPTC'
Ask for Quotes they are usually free,
Avoid DOOR Knockers
Contractors are to have provision in place relevant to
The Health and Safety at Work Act 1974 +
Requirement for training and Certification, compliance with Lifting Operations and Lifting Equipment Regulations (LOLER), (Puwer) Provision & Use of Work Equipment Regs, Mhasaw, H&S Work At Height Regs.
This list is not exhaustive & is only intended as a guide
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