National Parks Act 1980 (No. 226 of 1980)

MALAYSIA Warta Keraj'aan SERI PADUKA BAGINDA DITERBITKAN DENGAN KUASA HIS lt.111JESTY'S GOVERNMENT GAZETTE PUBLISHED IJY AUTJIORITY ===============--===----- --------- Ji). 24 No. 5 28hb Fcbruari 1980 TAMBAHAN No. 4 AKTA Akta-akta Parlimen yang berikut, yang telah diluluskan oleh kedua-dua. Dewan Parlimen dan dipersetujui oleh Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong, adalah ditcrbitkan mcnurut Fasal (4) Perkara 66 dalam Perlembagaan: The following Acts of P,,rliament passed by both Houses of Parliament and assented to by His Majesty the Yang di-Pcrtuan Agong, are published pursuant to Clause (4) of Article 66 of the Constitution: No. Akta 226 Tnjuk ringkas Aktn Tnman Negara 1980. National Pnrb Act 1980. Aktn 227 .. . Aktn Pcnccn 1980. Pcnsion.<1 Act t 980. LAWS OF MAIJAYSIA Act 226 NATIONAL PARKS ACT 1980 3 LAWS OF MALAYSIA Act 226 NATIONAL PARKS ACT 1980 ARRANGE~n-:,NT OF SECTIONS Section 1. Short title and application. 2. Interpretation. 3. Establishment of N3tionat Park. 4. Object or establishment of National Parks. 5. National Parks Advisory CCluncil. 6. Functions of National Parks Advisory Council. 7. Establishment or National Park committees. 8. Director General and other persons to be rc..~P<)Dsiblc for proper carrying out of provisions of Act. 9. Occup.ition ofJand .wiihin..National Park. 10. General prohibition of mining within Nat.ional Park. 11. Regulations. LAWS OF ~lALAYSIA Act 226 NATIONAL PARKS ACT 1980 5 An Act to provide for the c',lablishmcnt and control of National Parks and for matters conni::cted there"••ith. BE IT ENA':TED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and [\~wan Rakyat in Parliament assembled, and by the authoritv of the same. as follows : · · 1. (1) This Act may be cited as the National Parks Act Sborttftlc 1980 a~d shalJ, subject to subsection (2)~ apply throughout :=,ication. Malaysia. (2) This Act shall not apply to Sabah· and Sarawak and the State Parks of Kelantan, Pahang and Trengganu which together constitute the Taman Negara as described in the. Schedule to the Taman Negara (Kelantan) Enactment and Kn.14/Jll. in the First Schedules to the Taman Negara (Pahang) Enact- Plrg.1/J9. mcnt 1939 and the Taman Negara (Trcng:1nu) Enactment. Tr. fi/ /JSR 2. In this Act "Director General" means the Director General of Wild Intcrrret:i tfon. Life and National Parks appointed under tl.e Protection or A~,;-~. Wild Life Act 1972; "National Parl-:" means a National Park established under section 3: "officer .. means the Dirc4:tor General or any other person rdcrred to under section 8 (1). 3. q> r hc State. Auth ority .i:nay~ 0~ t~e .. reque~~ o( ~he E.~tnhlish .Mimster· reserve any State land Wlthm the State (tncludmg ~:tt'i~~, any marine area) for the purpose of a National Pnrk11nder -r:irk'. · ~l nam.: tn he assigned to it. [S. 3-S) 6 ACT 226 Object of establish ment of National Park~. NatJonaJ l':irka Advisory Council. (2) The area so reserved shall be placed under the control of a National Park committee established under section 7. (3) The reservation of an area or part thereof under this section shall not be revoked by the State Authority except with the concurrence of the Minister in writing. (4) Any reservation of land uncl!r this section shall be notified in the Gazette and such notification shall (a) describe the reserved land; (b) designate the authority having the control of the land so reserved; (c) be conclusive evidence that the land so described is reserved for the purposes of this Act. 4. The object of the establishment of National Parks is the preservation and protection of wild life, plant life and objects of geological, archaeological, historical and ethnological and other scientific and scenic interest and through their conser vation and utilization to promote the education, health, aesthetic values and recreation of the people. 5. (1) There shall be a National Parks Advisory Council which shall consist of the foil owing mcmbers (a) a chairman to be appointed by the Minister; (b) one representative nominated by the Sta,~ Authority from each of the States in which there is a National Park or part thereof: (c) the Director General; (d) a representative of the Treasury; (e) a representative of t'1c Economic Planning Unit of the Prime Minister's Department: (/) a representative of the Tourist Development Cor poration; (g) a representative of the Department of Forestry; and (/,) not more than six other persons to be appointed by the Minister. (2) A member appointed under paragraph (a) or (/r) of subsection (l) shall hold office for such period of time as the Minister may decide and the Minister may · at any time remove him from office without nssigning any reason therefor. NATIONAL PARKS [S. 6-8) 7 6. (1) The National Parks Advisory Council shall advise the Fun~lion~of Minister on matters relating to the conservation, utilization, ~::~"31 care, control, management and development of National Advi~~rv Parks and such other matters as the Minister may from time Council. to time refer to it. (2) Subject to regulations made under s~ction 11, the Council shall determine its prn<'4!dure at its meetings. 7. (1) A committee shall be constituted by the Minister for i:..tabti.,h each National Park consisting of the following members- N:~i~~, (a) the State Secretary of each State within which the ~~~t.nittees. National Park is situated; (b) a representative each of such departments of the Federal Government and of the State Governments as the Minister may consider n\!CPssary to be re presented; and (c) such other persons not exceeding three in number as the Minister may appoint and section 5 (2) shall mutatis mutandis applv in the case of an appoint ment under this paragrar'i. (2) The State Sccrctarv shall be the chairman of the com mittee, but where a National Park is situated within two States or more, the State Secretaries of the States conceme-,J shall act as chairmen in rotation and, subject to regulations made under section 11, the committee shall determine its procedure at its meetings. (3) A committee constituted under this section shall be ce~ou sible for the conservation, utilization, care, control, management and development of the National Park for which it is constituted and, in discharging its responsibility under this Act, the committee shall act on such directives as the National Parks Advisory Council may issue from time to time. 8. (I) The Director Gener, l and such other persons Director appointed under section 4 (I) of the Protection of Wild Life odehl Act 1972 shall be responsible for the proper carrying out of ~rs~~/r the provisions of this Act and in so doing such persons shall to be res be referred to by the designations given to them under that ~.,";~~;,r;r Act. carryinf t,ut of proVl~ion, of Act. 1s. 8-9I Occupation of land within National Park. 56/65. 8 ACT 226 (2) The Director General shall have the general supervi sion a.nd direction of all matters relating to National Parks. (3) The Minister may from time to time give the Director General directions of a general character and not incon sistent with the provisions of this Act as to the exercise of the powers conferred on, and the duties to be discharged !,y, the Director General under this Act and the Director General shall give effect to all such directions. 9. (1) The State Authority may with the concurrence of the Minister lease or permit the use or occupation of any land within a National Park subject to such conditions and restrictions as it thinks fit to impose and for any of the following purposes only·-~ (a) the construction and maintenance of roads; (h) the construction and maintenance of airstrips; (c) the constn1ction and maintenance of dams and reservoirs: (d) the construction and maintenance of hotels. rest houses, dwelling houses, buildings and works of public utility. where the State Authority considers any of these purposes to he necessary and in the interests of the development of the National Park in accordance with the object referred to in section 4; and (e) mining or prospecting in accordance with the provi sions of section I 0. (2) Any land leased hy the State Authority or in respect of which any use or occupation has been permitted by the State Authority under subsection (I) shall continue to form part of the National Park and be subject to the provisions of this Act and of any regulations made thereunder save in so far as may be set out in any conc.ition or restriction imposed by the State Authority nn<icr subsection (1 ). (3) Suhject to this Act. any lease or permit to use or occupy land under this section sha~ he issued in·accordancc with the National Land Code. (4) Save by virtue of any right conferred by or acquired under or in respect of any lease or permit under subsedion (I) or ns otherwise in this Act provided. no person other than NA "!"ION AL PARKS [S. 9-11] 9 an officer may reside on, enter, use or occupy any land within and forming part of a National Park without the permission of the Director General. 10. (1) Except as provided in subsection (2), no mining or Ge~l. prospecting operations shall be carried on within a National ~=n Park. within National (2) If at any time the State Authority ha$ reason to believe Partc. that in a particular portion of a National Park a mineral deposit exists of such richness that it would be contrary to the interests of the State that it should not be mined, the State Authority may with the concurrence of the Minister issue, under the law relating to mining, licences to prospect that portion of the National Park and if necessary issue thereafter mining certificates or mining leases in respect of that portion of the National Park or of auy part of that portion. (3) Where any mining certificate or mining lease is issued in respect of any land within a National Park, the holder of the certificate or the lease shall have such rights of passage, licences or other facilities as may be necessary for the prac tical exercise of the rights granted by such certificate or lease. (4) Notwithstanding anything in the law relating to mining, there shall be an implied condition in a mining certificate or mining lease issued pursuant to this section that any officer sha11 have such rights of entry into the land in respect of which a licence to p!'0-pect. a mining certificate or a mining lease has been issued ns mav be neces~ary in order that he may carry out the object of this Act m respect of such lnnd and of the National Park generally. 11. (1) The Minister may make regulations not inconsistent Rc,u11t1on1. with this Act as to any or all of the following matters. namely (a) the exclusion of members of the public from certain areas within a National;'Park; (h) the prohibition of the killing. maiming. trapping. capturing or impounding of any wild life within n National Pnrk and the disposal of such v·ild life killed, maimed. trapped, captured or impounded; (c) the prohibition of such animals as may be specified from hcing taken into or remaining within a National Park; [S. 11] 10 Acr 226 (d) the burning and cutting of vegetation within a National Park; ~ (e) the disposal of wi)d life, vegetation or other things found within a National Park; (f) the search of any person snspected of contravening ai'v regulation made under this section; (g) the periods and times within which the public may have access to a National Park or any part thereof; (/,) the regulation of the conduct. obligations and duties of persons visiting or travelling, exploring or camp ing in a National Park and (without affecting the generality of the foregoing) the safety of persons visiting such Park and their liability for all reason able expenses incurred in connection with searches to find persons who have become lost or (after failure to comply with the regulations) are reasonably believed to have become lost therein; (,) the fees for the issue of permits to enter into or camp withh:: a National Park. for the admission of vehicles into and the taking of photographs within a National Park or for the services connected with the use or enjoyment of a National Park; (]) the protection, preservation and care of a National Park and of permanent works and works of main- · tcnance and of facilities and amenities aTtd of wild life and vegetation and features of scenk. scientific or historical interest therein: (k) the regulation of traffic and carriage of· passengers within n National Park; (/) the seizure and disposal of any vehicle. vessel, animnl or other article or thirg in respect of which there is n contravention of any regulation made under this section; (m) penalties in respect of the contravention of any regulation made under this ~cction; (n) the construction and maintenance of hotels. rest hou~s, dwelling hou~s. buildings and works rf public utility; (n) the powers and duties of officers in relation to the carrying out of the provisions of this Act and regula tions made under this section; NATIONAL PARKS (S. 111 11 (p) the procedure to be adopted by the National Parks Advisory Council and National Parks committees at their meetings and the remunerations or allowances to be paid to memb- ·rs thereof; (q) such other matters as the Minister may consider necessary for the efficient control and management of a National Park or for the attainment of the object of its establishment. (2) The Minister may make different regulations under subsection (I) in respect of different National Parks. I.PAI A 11'\lrl'II IT,irg:1: 50 ,trn