Landscape Laws of Malaysia

In Malaysia, there is no single, unified "Landscape Act". Instead, the legal and regulatory framework governing the landscape industry is woven into various federal acts, state enactments, and local government bylaws.

 

The primary legislation relevant to the Malaysian landscape industry is segregated below according to its specific function:

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1. Urban Planning & Spatial Control (Mandatory Green Space Allocations)

These acts empower local authorities to mandate that a specific percentage of land (usually 10%) must be reserved for open spaces (kawasan lapang), green areas, and recreational facilities during the development phase.

• Town and Country Planning Act 1976 (Act 172): Applicable to Peninsular Malaysia. It dictates that a developer must submit a Development Proposal Report (Laporan Cadangan Pemajuan), which explicitly includes landscape design, open space distributions, and natural typography preservation.
• Federal Territory (Planning) Act 1982 (Act 267): Governs urban planning specifically for Kuala Lumpur. Like Act 172, it legally binds developers to provision adequate open spaces and recreational parks.

 

2. Arboriculture & Urban Tree Protection (Tree Preservation Orders)

These statutory components protect mature trees from indiscriminate cutting and manage urban arboriculture practices during site clearing and construction.

• Act 172 & Act 267 (Tree Preservation Orders - TPO): Under Part VA of Act 172 and Section 35 of Act 267, local planning authorities have the power to issue a TPO.
• Prohibition: It is illegal to cut down or damage any tree with a girth exceeding 0.8 meters (Act 172) or 1.0 meter (Act 267) without written local council approval.
• Penalties: Fines can be levied heavily against landscape contractors or developers who illegally clear regulated trees.

 

3. Civil Infrastructure & Building Integration (Hardscapes & Softscapes)

These laws govern the structural, engineering, and architectural integration of landscape works within the broader built environment (e.g., retaining walls on slopes, roadside shoulders, and perimeter drainage).

• Street, Drainage and Building Act 1974 (Act 133): Regulates how public elements like walkways, pedestrian routes, and road shoulders (bahu jalan) are constructed. Landscape companies must comply with Act 133 specifications to ensure that roots do not damage underground pipes or rupture public pavements.
• Uniform Building By-Laws 1984 (UBBL): Imposes secondary regulations on landscape designs, notably emergency vehicle accessibility (Bomba access) through open plazas and structural weight limits for rooftop/skyrise gardening (green roofs).

 

4. Public Amenities & Maintenance Control (PBT Jurisdiction)

These laws grant local enforcement powers to Local Planning Authorities (PBTs like DBKL, MBPJ, etc.) to manage, maintain, and penalize illegal modifications to urban landscaping.

• Local Government Act 1976 (Act 171): Grants PBTs the authority to manage public parks, botanical gardens, and recreation spaces.
• PBT Landscape Bylaws (Undang-Undang Kecil): This is where local councils prohibit residents from planting personal herbs, fruit trees, or vegetables on public road shoulders or vacant town lands. It also enforces the controversial public practice of removing fallen leaves (organic matter) to maintain urban cleanliness.

 

5. Biodiversity Conservation & Environmental Safeguards (Macro-Landscaping)

For large-scale, rural, or highly sensitive landscaping (e.g., eco-tourism resorts, golf courses, or rehabilitation of quarry sites), ecological laws come into play.

• Environmental Quality Act 1974 (Act 127): Mandates an Environmental Impact Assessment (EIA) for mega-developments. The landscaping layout must actively prevent soil erosion and manage siltation runoffs.
• National Forestry Act 1984 (Act 313): Controls the procurement of native forest species (like the Pokok Meranti discussed previously) to ensure that trees sourced for major urban landscape works are legally harvested and do not degrade permanent reserve forests.

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Non-Statutory Framework (Crucial for Practitioners)

While not enforceable laws passed by Parliament, landscape architects and contractors in Malaysia are bound legally by:

• The National Landscape Policy (Dasar Lanskap Negara): Formulated by the National Landscape Department (JLN) to turn Malaysia into a "Beautiful Garden Nation".
• Garis Panduan Lanskap Negara: Guidelines that specify the selection of trees, minimum soil depths for tree planting, and safety buffer clearances near electric utilities (TNB).