An amendment to the Tree Preservation Act 1993 now makes it an offence to damage a tree recklessly. Royal Assent was announced in Tynwald on 19th May to the Tree Preservation Amendment Bill, which strengthens the powers of the 1993 Act to protect trees on the Island.
By law, and with certain exceptions, any tree that has a trunk diameter greater than 8cm (approx. 3? in) measured at a point 152cm (approx. 5ft) above ground level must be licensed by DAFF if it is to be felled. Permission is not needed to remove or prune limbs or reduce the overall height of a tree unless it is a Registered tree.
However, great care must be taken to ensure that any pruning is done in such a way as not to kill or destroy the tree. In addition to this general protection, trees can be ‘Registered’ by DAFF if they are felt to have significant amenity value in the landscape which justifies the added protection of Registration.
If a tree is Registered, no work of any kind can be undertaken without a licence from DAFF, regardless of size or species.
The amended Act now also makes it an offence to undertake any unlicensed work to a tree that adversely affects its immediate or longer-term health, whether this is deliberate or not. This amendment will be valuable in a range of circumstances, such as, for example, on development sites where rash manoeuvring of plant or machinery damages trees, where thoughtless excavation causes partial destruction of root systems, or where the alteration of ground levels damages established trees.
Anyone wishing to remove a tree, or undertake any work on a Registered tree, should contact the Forestry, Amenity and Lands Division at St. Johns (call 801263), to discuss the matter.
Tree owners who are unsure of the Registered status of their trees should also contact the Division to discuss the matter.
If a tree is affected by a building development, plans should also be discussed with the Forestry Division and should be detailed within any Planning Application. In these circumstances, work would not be authorised by DAFF but would be included within the Planning Approval.
Chairman of the Forestry Division Brenda Cannell said 'It is vital to ensure that trees are properly protected on the Island and this amendment gives added powers in an area which has caused significant problems in the past from, for example, thoughtless damage to trees and roots caused by heavy machinery.
'People must always follow the requirements of the Tree Preservation Act and, for trees in relation to construction, industry guidelines such as BS 5837 should be followed as best practice. Ultimately, fines of up to ?20,000 per tree can be imposed if the law is not followed.
Technical staff at the Forestry Division are happy to offer advice where it is required'.
The Forestry Division has produced a leaflet 'Tree Felling and the Law' in summary of the issues surrounding tree protection legislation. This is available from the Division’s Offices at St. Johns.
Full copies of the Tree Preservation Act are available from the Tynwald Library (call 685520).
