Section 36
Prohibition to cut tree with girth exceeding one metre
of Federal Territory (Planning) Act 1982
Notwithstanding section 35 no person shall, without the written permission of the Commissioner fell or cut any tree with a girth exceeding one metre growing on any land except where—
(a)
the felling or cutting is for the prevention of imminent danger; or
44 Laws of Malaysia ACT 267
(b)
the felling or cutting is in compliance with any written law.
(2)
For the purpose of subsection (1) the girth of a tree shall be measured half a metre from the ground provided that the girth of the tree with buttress shall be measured above the buttress.
(3)
Any person who fells or cuts a tree in contravention of subsection (1) or who wilfully causes the death of a tree to which that section applies is guilty of an offence and is liable on conviction to a fine not exceeding five thousand ringgit.
(4)
Where in any proceeding for an offence under this section it is proved that a tree was felled or cut, it shall be presumed, until the contrary is proved that the tree had been felled or cut by the occupier of the land on which the tree was growing.