Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part V · Development Charge
35E. Replacement of trees
Feedback & supportIt shall be the duty of the person who is found guilty under subsection 35A(4) for felling any tree in respect of which a tree preservation order is for the time being in force, in contravention of the tree preservation order, to replace such tree by planting another tree—
tree preservation order
“tree preservation order” means a tree preservation order made under section 35A;
of an appropriate size and species;
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at or near the same place or such other place;
within the time; and
subject to such terms and conditions, as may be specified by the local planning authority unless on his application or the application of any other person or at its own discretion the local planning authority dispenses with this requirement.
The time specified by the local planning authority under paragraph (l)(c) for the replacement of a tree may be extended once on the application of the person whose duty it is to replace such tree.
Any person who is aggrieved by—
the refusal to dispense with the requirement for replacement of a tree under subsection (1);
any order given under paragraph (1)(a) or (b);
any term or condition imposed under paragraph (1)(d); or
the refusal to extend time under subsection (2), may, within one month of the date of the communication of such order, refusal or imposition of term and condition, appeal to the Appeal
Board.
In relation to any tree replanted under subsection (1), the relevant tree preservation order shall apply to it as it had applied to the original tree.
Where the person whose duty is to replace a tree under subsection (1) fails to do so, he commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 2001
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