NATIONAL FORESTRY ACT 1984

National Forestry LAWS OF MALAYSIA REPRINT Act 313 NATIONAL FORESTRY ACT 1984 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 NATIONAL FORESTRY ACT 1984 Date of Royal Assent ... ... ... … … 24 December 1984 Date of publication in the Gazette … ... 31 December 1984 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 313 NATIONAL FORESTRY ACT 1984 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II ADMINISTRATION 3. Appointment of officers 4. Duties of the Director 5. Delegation of power by Director 6. Delegation of powers of State Authority to Director PART III PERMANENT RESERVED FOREST Chapter 1—Constitution of Permanent Reserved Forests 7. Power to constitute permanent reserved forests 8. Existing reserved forests deemed to be permanent reserved forests 9. Acquisition of land to be constituted a permanent reserved forest Chapter 2—Classification of Permanent Reserved Forests 10. Director to classify permanent reserved forests 4 Laws of Malaysia ACT 313 Chapter 3—Excision of Land from Permanent Reserved Forests Section 11. State Authority may excise land from permanent reserved forest 12. State Authority to replace land excised from permanent reserved forest 13. State Authority to notify in the Gazette any excision of land from permanent reserved forest PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter 1—Proprietary Rights over Forest Produce in Permanent Reserved Forests and State land 14. All forest produce property of the State Authority 15. Prohibition on taking of forest produce from permanent reserved forest or State land unless licensed, etc. 16. Power to issue licences, use permits, etc., by way of tenders, agreement, etc. 17. Buildings to vest in State Authority on determination of licences, etc. 18. Power of State Authority to vary provisions or extend time Chapter 2—Licences 19. Power to license the taking of forest produce from permanent reserved forest or State land 20. Requirements to be satisfied by applicants 21. Durations, conditions and forms of licence 22. Renewal of licences 23. Licences not capable of transfer or assignment 24. Forest management plan, forest harvesting plan, etc., to be carried into effect 25. Director may order licensee to cease operations where there has been a contravention of the Act or licence 26. Director may cancel Form 2 notice 27. Suspension and revocation of licence following service of Form 2 notice Chapter 3—Minor Licences 28. Power to permit the taking of forest produce by way of minor licence National Forestry 5 Section 29. Issuance of minor licences by Director 30. Durations, conditions, etc., and form of minor licences 31. Minor licences not capable of transfer or transmission on death Chapter 4—Use Permits 32. Occupations of, or carrying out activities upon, permanent reserved forest prohibited 33. Power to permit the occupation of, or the carrying out of activities in, permanent reserved forests 34. Issuance of use permits by Director 35. Use permits not to be issued for the purpose of taking forest produce 36. Durations, conditions, etc., and form of use permits 37. Use permits not capable of transfer or transmission on death 38. Use permit may be suspended or revoked 39. Movable property remaining on land on expiration of use permit Chapter 5—Removal Licence 40. Removal licence is required for the removal of forest produce from certain land 41. Power to permit removal of forest produce 42. Issuance of removal licences by Director 43. Durations, conditions, etc., and form of removal licences 44. Removal licences not capable of transfer or transmission on death Chapter 6—Entry into Permanent Reserved Forest 45. Power to declare permanent reserved forest open forest or closed forest 46. State Authority to consider protection of the forest and needs of the public, etc. 47. No entry into closed forests with certain exceptions 48. Power to suspend rights of entry 49. Power to limit rights of entry into open forest Chapter 7—Roads in Permanent Reserved Forests and Licence Areas 50. Use of forest roads without road permit prohibited 6 Laws of Malaysia ACT 313 Section 51. Director may construct forest roads 52. Licensee to construct and maintain roads 53. Licensee entitled to use roads constructed or maintained by him 54. Director may require user of forest roads to pay toll to licensee 55. Non-liability of the Director or State Authority for lack of repair of forest roads Chapter 8—Forest Development Fund 56. Establishment and administration of the Forest Development Fund 57. Moneys to be paid into the Fund 58. Purposes of the Fund 59. Accounts and audit 60. Forest development cess PART V ROYALTY AND PREMIUM Chapter 1—Royalty 61. Royalty payable to State Authority 62. Power to remit, commute or waive royalty 63. Failure to cut and remove forest produce Chapter 2—Marking of Forest Produce 64. Director to maintain register of property marks 65. Licensee to mark forest produce Chapter 3—Measurement of Forest Produce 66. Place of measurement of forest produce removed from licence area 67. Place of measurement of forest produce removed from alienated land and mining land National Forestry 7 Chapter 4—Possession of Forest Produce Section 68. Removal pass 69. Conversion plant operator required to have removal pass and record of measurement 70. Issuance and form of removal pass 71. Exemption Chapter 5—Payment of Royalty, Premium, Cess and Other Charges Payable to the State Authority 72. Royalty, etc., payable when assessed 73. Title to forest produce 74. Forest produce vests in the State Authority if royalty, etc., unpaid 75. Deposit to secure payment PART VI UNCLAIMED TIMBER 76. Unclaimed timber deemed to be property of State Authority 77. Public notice of timber collected under section 76 78. Procedure on claim to timber 79. Disposal of unclaimed timber 80. Payment to be made by claimant before delivery of timber PART VII MISCELLANEOUS OFFENCES AND PENALTIES 81. Acts prohibited in permanent reserved forests 82. Prohibition as to fire 83. Offensive littering 84. Unlawful possession of forest produce 85. Removal pass required for inter-State movement of forest produce 86. Penalty for counterfeiting or defacing, or possessing implements for counterfeiting, marks on trees and timber and altering boundary marks 87. General penalty 8 Laws of Malaysia ACT 313 PART VIII ENFORCEMENT Chapter 1—Power of Arrest, Search, Seizure and Investigation Section 88. Power of arrest, seizure and investigation 89. Seizure of forest produce the subject of an offence 90. Search with warrant 91. Search without warrant 92. Power to stop and search conveyances Chapter 2—Provisions Relating to Things Seized 93. Duty of seizing officer 94. Forfeiture of things seized 95. No costs, damages, etc., on seizure Chapter 3—Miscellaneous 96. Forest officer may enter and inspect conversion plant, etc. 97. Director may for certain reasons prohibit the taking of forest produce 98. Director may close watercourse or forest road 99. Authority cards 100. Furnishing of information to forest officer 100A. Rewards 100B. Protection of informers 101. Compounding of offences 101A. Power of court to order revocation and disqualification PART IX MISCELLANEOUS 102. Service of notices 103. Action by and against the State Authority 104. Presumptions 105. Certificate of the Director as to the value of forest produce, etc. 106. Protection of forest officers, police officers, members of the armed forces and other persons National Forestry 9 Section 107. Abuse of power 108. Recovery of money due to the State Authority 109. Offences committed by corporations 110. Offences committed by partner, servant or agent 110A. Offences committed by licensee or holder of permit 111. Rules PART X REPEALS, TRANSITIONAL PROVISIONS, ETC. 112. Repeal of existing laws 113. Savings 114. Modifications for Federal Territory of Kuala Lumpur 115. Transitional provision with respect to officers 116. Power of State Authority to make additional transitional provisions, etc. 117. Transitional provision with respect to rules, orders, etc. FIRST SCHEDULE SECOND SCHEDULE THIRD S CHEDULE FOURTH SCHEDULE FIFTH S CHEDULE SIXTH SCHEDULE 10 Laws of Malaysia ACT 313 National Forestry 11 LAWS OF MALAYSIA Act 313 NATIONAL FORESTRY ACT 1984 An Act to provide for the administration, management and conservation of forests and forestry development within the States of Malaysia and for connected purposes. [Federal Territory of Kuala Lumpur— 1 April 1986, P.U. (B) 148/1986; Federal Territory of Labuan— 15 January 1994, P.U. (B) 27/1994] WHEREAS it is now expedient for the purpose only of promoting uniformity of the laws of the States of Malaysia to make a law with respect to the administration, management and conservation of forests and forestry development: Now, therefore, pursuant to Clause (1)(b) of Article 76 of the Federal Constitution, BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the National Forestry Act 1984 and shall apply throughout Malaysia. (2) This Act shall not come into force in a State unless it has been adopted by a law made by the Legislature of the State pursuant to Clause (3) of Article 76 of the Federal Constitution. (3) This Act shall come into force in the Federal Territory of Kuala Lumpur on such date as the Minister may, by notification in the Gazette, appoint. 12 Laws of Malaysia ACT 313 (4) This Act shall come into force in any other Federal Territory on such date as the Minister may, by notification in the Gazette, appoint; and in its application in such Territory this Act shall be subject to such modifications as the Minister may, from time to time, by order provide. Interpretation 2. (1) In this Act, unless the context otherwise requires— “assessment” means a statement in writing addressed to any person specifying the amount of any royalty, premium, cess, charges or other sum of money payable to the State Authority by the person to whom the statement is addressed; “boundary mark” includes any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar, marked tree or other survey mark caused to be made by the Director; “cattle” includes elephant, buffalo, horse, pony, mule, ass, pig, sheep and goat; “closed forest” means any permanent reserved forest or part thereof declared or deemed to be a closed forest under section 45; “conversion plant” means any plant, factory or premises, with or without structures or improvements, in or upon which forest produce is or may be converted; “convert” in relation to forest produce means to process or treat in any way other than— (a) to harvest, collect or remove the forest produce from the place where it is harvested or collected; (b) to buck, limb or debark when necessary for or incidental to the purpose of removal from any forest; or (c) to fashion forest produce in any forest where specifically authorized by any rules; “converted timber” means wood which has been cut, sawn, hewn, split, shaped or fashioned into pieces intended for use for any purpose other than as fuel; National Forestry 13 “conveyance” includes ship, train, vehicle, aircraft or any other means of transport by which persons or goods can be carried; “Director” means a State