A framework of tree protection (Act 172) implementation for construction projects / Nik Adlin Nik Mohamed Sukri

Cases in Malaysia where urban trees are felled during construction projects (CP) without consent of the authorities, despite the existence of tree protection legislative provisions (TPLP) that could prevent such unfortunate circumstances, have raised questions doubting the implementation of the written law, and what the affecting factors are. Through a literature review involving websites of local planning authorities (LPAs) in developed countries, 5 categories of TPLP were identified: 1) Tree Felling Prohibition, 2) Significant Tree Register Establishment, 3) Conservation Area Designation, 4) Tree Preservation Order (TPO), and 5) Tree Protection Planning Conditions, and the TPLP concepts were described. Moreover, by applying public policy implementation science, a conceptual framework for implementing TPLP in construction projects were proposed. The framework features four key components of factors affecting the implementation: 1) Protected Tree List, 2) Planning Application Procedures, 3) Publicity, and 4) Enforcement Plan. This conceptual implementation framework was envisaged applicable for Malaysian situation and to be able to facilitate Malaysian LPAs in identifying factors critical to their success implementing TPLP in construction projects. To fulfil this research aim, following four research objectives were established, namely, to identify tree protection provisions in the legislations of local authorities for administration and planning in Malaysia, to assess the status quo of implementation of Malaysian tree protection legislation provisions in construction projects, to evaluate the adequateness of the processes of formulating TPO Rules (Act 172) and making it adopted, and to establish the Malaysian framework.