Malaysia legislation
Section 35A
Section 35A
Tree preservation order
(2)
A tree preservation order may, in particular, make provisions—
(a)
for prohibiting the felling of trees except with the written permission of and subject to conditions, if any, imposed by the local planning authority; and
(b)
for securing the planting of trees or the replacement of trees by replanting in such manner as may be determined by the local planning authority.
(3)
Paragraph (2)(a) shall not apply to the felling of a tree—
(a)
which is dying or dead;
(b)
for the prevention of an imminent danger; or
(c)
if it is to comply with any written law.
(4)
Any person who contravenes any provision in the tree preservation order commits an offence and is liable, on conviction, to
72 Laws of Malaysia ACT 172
a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(5)
Where in any proceeding for an offence under this section it is proved that a tree was felled, it shall be presumed, until the contrary is proved, that the tree had been felled by the occupier of the land on which the tree was growing.
Tree preservation order not to be made if tree is already subjected to conditions