Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part V · Development Charge
35A. Tree preservation order
Feedback & supportIf it appears to the local planning authority that it is expedient in the interest of amenity to preserve any tree, trees or group of trees in its area, it may make a tree preservation order with respect to such tree, trees, or group of trees.
A tree preservation order may, in particular, make provisions—
tree preservation order
“tree preservation order” means a tree preservation order made under section 35A;
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
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.
Paragraph (2)(a) shall not apply to the felling of a tree—
which is dying or dead;
for the prevention of an imminent danger; or
if it is to comply with any written law.
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.
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.
occupier
“occupier”, in relation to any land or building, includes— (a) a tenant of the land or building; (b) an owner of the land or building occupying or otherwise using the land or building; (c) a person in actual occupation of the land or building or having the charge, management, or control thereof, whether on his own account or as an agent of another person, but does not include a lodger;