Upon gaining independence in 1957, Malaysia adopted a three-tier governmental structure consisting of the Federal, State, and Local Governments. Local Authorities (LAs), including town councils and municipal councils, were responsible for urban planning, public amenities, and, indirectly, landscape management.
Prior to the introduction of the Local Government Act 1976 (Act 171), LAs operated under various pre-independence statutes and municipal enactments. Each LA had its own rules and requirements, which led to inconsistencies across the country.
Architects, engineers, and planners had to navigate a variety of submission standards, technical requirements, and approval processes. Landscape-related works, although not always explicitly legislated, were subject to these local variations in open space and amenity requirements.
Key Legislation Affecting Landscape Development
Local
Government Act 1976 (Act 171): Act 171
replaced and consolidated many separate laws governing local authorities
inherited from the colonial era and post-independence acts, including:
1. Town Boards Enactment of the Federated Malay
States [F.M.S. Cap. 137]
2. Municipal Ordinance of Straits Settlements
[Cap. 133]
3. Johore Town Boards Enactment [Johore No. 118]
4. Municipal Enactment of Kelantan, 1938 [No.
20/1938]
5. Town Boards Enactment of Trengganu, 1955
[Cap. 64 3/1955]
6. Local Councils Ordinance, 1952
7. Local Government (Temporary Provisions) Act,
1973
Under Act
171, State Governments, in consultation with the Ministry of Housing &
Local Government and the Election Commission, may establish a Local Authority,
declare its status as a Municipal or District Council, define its area, and
determine its boundaries. These LAs are empowered to control land development
within their areas and to engage in social, economic, and infrastructural
development, acting as catalysts for industrial, commercial, and housing
projects, in addition to overseeing amenities and public facilities.
Town and
Country Planning Act 1976 (Act 172): Provides a framework for land use planning. Development plans may
require public open spaces, amenity areas, buffer planting, and environmental
landscaping, which directly influence landscape implementation. Act 172,
adopted concurrently with Act 171, replaced the older Master Plan System with
the Development Plan System from the British model, offering a uniform planning
framework across all states.
Uniform
Building By-Laws (UBBL) 1984:
Standardized technical building requirements nationwide. While no dedicated
landscape section exists, clauses on open space, setbacks, ventilation, and
parking areas indirectly regulate landscape. Local authorities may supplement
UBBL with specific landscape guidelines.
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“Certificate of Fitness for
Occupation of a building shall be given when :- (a) the qualified persons
during the course of the work have certified in form E as set out in the
Second Schedule to these By-laws that they have been supervised the erection
of the building, that to the best of their knowledge and belief the building
has been constructed in accordance with these By-laws and any conditions
imposed by the local authority and that they accept full responsibility for
those portions which they ae respectively concerned with and the local
authority or an officer authorized by it in writing for the purpose has
inspected the building. (b) all essential services,
including access roads, landscape, car
parks, drains, sanitary, water and electricity installation, fire lifts, fire
hydrant and others where required, sewerage and refuse disposal requirements
have been provided.” |
Town and Country Planning (Amendment) Act
1995 (Act A933): Part VA was inserted into the Act to address
environmental concerns and the need for better tree conservation amidst rapid
urbanisation. The central provision is Section 35A, which empowers Local
Planning Authorities to issue a Tree Preservation Order (TPO).
The primary
purpose of a TPO is to prohibit the felling, topping, lopping, uprooting, or
wilfully damaging of specific trees, groups of trees, or woodlands that are
deemed to be of significant amenity value to the local area.
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PART VA TREE PRESERVATION ORDER 35A. “If 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.” |
Street,
Drainage and Building (Amendment) Act 2007 (Act A1286): The CFO system was replaced with the
Certificate of Completion and Compliance (CCC) to streamline building
approvals. Principal Submitting Persons (PSPs), such as architects and
engineers, are responsible for ensuring all conditions, including approved landscape
works, are completed before issuing the CCC. Six related acts were amended to
implement this system:
1. Act 117 –
Architects Act, 1967 / Act A1287 Amendments 2007: Increased penalties for
rongful certification and express provisions on fraudulent certification.
2. Act 118 –
Housing Development (Control and Licensing) Act, 1966 / Act A1289 Amendment
2007: Redefined to suit CCC, and Vacant Possession issuance together with CCC.
3. Act 133 –
Street, Drainage & Building Act, 1974 / Act A1286 Amendment 2007:
Provisions for CCC implementation, definition of PSP, and increased penalties
for wrongful certification.
4. Act 133 –
Section 133 – UBBL, 1984 / Amendments 2007: Provisions for CCC implementation
and introduction of Form G [Matrix of Responsibility].
5. Act 138 –
Registration of Engineers Act, 1976 / Act A1288 Amendments 2007: Increased
penalties for wrongful certification and express provisions on fraudulent
certification.
6. Act 318 –
Strata Titles Act, 1985 / Act A1290 Amendments 2007: Redefined to suit CCC.
Institutional Development in Landscape Industry
Institute of Landscape Architects Malaysia (ILAM, 1981): Professionalized the landscape industry, set professional standards, promoted research, provided continuing education, and advised on policy. ILAM also serves as the official body that liaises with local authorities, universities, and international landscape architecture organizations.
Jabatan
Landskap Negara (1996): Develops
national landscape policies, guidelines, and standards, and monitors landscape
quality in public projects.
Jabatan Landskap Negara (JLN) is under the Ministry of Housing and Local Government (Kementerian Perumahan dan Kerajaan Tempatan, KPKT). Its roots go back to a Landscape Unit in the Department of Town & Country Planning in 1981.
It was officially established as a separate federal department on 1 January 1996, following approval by the Cabinet.
Educational
Institutions
Landscape architecture as a formal discipline in Malaysian higher education began to take shape in the early to mid-1990s, but its roots go back earlier — particularly at Universiti Putra Malaysia (UPM).
In the 1984, UPM’s Faculty of Agriculture introduced a three‑credit course called “AGRO 472 – An Approach to Landscape Design”. 1996, the Faculty of Design and Architecture was officially established, offering the Bachelor of Landscape Architecture (Hons) degree was launched.
UiTM started with a Diploma in Landscape Design in 1985, and later introduced its Bachelor of Landscape Architecture in 1995.
Universiti Teknologi Malaysia (UTM) launched its Bachelor of Landscape Architecture in 1993.
MALAYSIA’s National Landscape Policy
Dasar Landskap Negara (2010): Provides a national framework for landscape planning, design, management, and conservation, emphasizing sustainable urban development, environmental enhancement, public amenity, and aesthetic quality.
CONCLUSION
The
landscape industry in Malaysia has evolved through the standardization of
legislation, the institutionalization of professional practice, and the
establishment of national policies. Today, landscape architecture is recognized
as an integral component of urban development, guided by legislation,
professional governance, and strategic national policies.
