Forest (Amendment) Enactment 1994

STATEOFSABAH I assent, TUNDATUK SERI PANGLIMA HAJI MOHD. SAID BIN KERUAK, Yang di-PertuaNegeri. 5TH DECEMBER, 1994. No. 14 of 1994 An Enactment to amend the Forest Enactment 1968. ENAC1ED by the Legislature of the State of Sabah as follows: 1. This Enactment may be cited as the Forest (Amendment) Shon title and Enactment 1994 and shall come into foree on such date as the commence Minister may, by notification in the Gazette, appoint. ment. 92 Amendment of section 2. Enactment No.2 of 1968. Amendment of section 3(1). Amendment of section 4. No. 14 of 1994 Forest (Amendment) 2. Section 2 of the Forest Enactment 1968, which in this Enactment is referred to as the "principal Enactment", is amended by inserting after the definition of "lives.tock" the following new definition: ""member of the armed forces" means any member of the armed forces not below the rank of Lance Coiporal; ". 3. Section 3 of the principal Enactment is amended in paragraph (b) of subsection (1) by substituting for the words "Regional Forestry Officers, District Forestry Officers, Assistant District Forestry Officers" the words "Senior Forestry Officers". 4. Section 4 of the principal Enactment is amended by inserting after subsection (3) the following new subsection (3A): "(3A) The Minister may, by notice published in the Gazette, invest, subject to such conditions arid restrictions as may be prescribed in the notice, the exercise and performanc~ of any power or duty conferred or imposed on any forest officer or police officer under subsection (1) of section 36 of this Enactment on any member of the armed forces generally or in any particular case: Provided that the Minister may in like manner revoke or withdraw such investment of power or duty.". Amendment s. Subsection (1) of section 19 of the principal Enactment is of section amended by substituting for the words "and to a fine" the words "or 19(1 ). to a fine not exceeding one hundred thousand ringgit or to both such Amendment of section 20. imprisonment and fine". 6. Section 20 of the principal Enactment is amended ( a) in paragraph (c) of subsection (1), by substituting for the words "fine of five hundred dollars" the words "fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. such fine and imprisonment"; (b) in subsection (2), by substituting for the words "imprison ment for a term of not less than thirty days which may extend to seven years and with fine" the words "a fil.ne not Forest (Amendment) No. 14 of 1994 exceeding five hundred thousandringgit and to imprison ment for a term which shall not be less than one year but shall not exceed twenty years"; and (c) by inserting after subsection (2) the following new subsection (3): "(3) Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be ordered to pay, in respect of any forest produce unlawfully taken, to the Government ( a) a sum not exceeding ten times the royalty, fee and other sum due; (b) a sum not exceeding ten times the value of such forest produce;and ( c) any other charges payable, and any sum ordered to be sq paid shall be recoverable as if it were a fine so imposed.". 7. Section 23 of the principal Enactment is amended ( a) in subsection ( l), by substituting for the words "impris onment for three years and a fine of five thousand dollars" the words "a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment"; (b) in subsection (2), by substituting for the words "impris onment for a term of not less than thirty days which may extend to five years and with fine" the words "a fine not exceeding five hundred thousand ringgit and to impris onment for a term which shall not be less than one year but shall not exceed twenty years."; and ( c) by inserting after subsection (2) the following new subsection (3): "(3) Any person convicted of an offence under this 93 Amendment of section 23. 94 Amendment of section 24o(2). Amendment of section 30. No. 14 of 1994 Forest (Amendment) section may, in addition to any penalty imposed on the conviction, be ordered to pay, in respect of any forest produce unlawfully taken, to the Government ( a) a sum not exceeding ten times the royalty, fee and other sum due; (b) a sum not exceeding ten times the value of such forest produce; and ( c) any other charges payable, and such sum ordered to be so paid shall be recoverable as if it were a fine so imposed.". 8. Subsection (2) of section 24D of the principal Enactment is amended by substituting for the words "five" and "three years or both" the words "fifty" and "five years or to both such fine and imprisonment" respectively. 9. Section 30 of the principal Enactment is amended ( a) by renumbering the existing section as subsection (l); (b) by deleting the words "and liable to imprisonment for two years and a fine of five thousand dollars"; and ( c) by inserting the following new subsection (2): "(2) Any person guilty of an offence under subsection (1) shall on conviction be liable (a) if the offence is under paragraph (a), (b), (c), (d), (e) or (f) of subsection (1), to a fine not exceeding five hundred thousand ringgit and to imprisonment for a term which shall not be less than one year but shall not exceed twenty years; (b) if the offence is under paragraph ( g) of subsection ( 1 ), to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment; and Forest (Amendment) No.14 of 1994 ( c) if the offence is under paragraph ( h) of subsection ( 1 ), to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.". 95 10. Subsection (2) of section 30A of the principal Enactment is Amendment amended by substituting for the word "double" the words "five 3i!~rn times". 11. Subsection (1) of section 33 of the principal Enactment is Amendment d d b b . . fi h d ,,. . fi I of section amen e y su sntutmg or t e wor s 1mpnsonment or twe ve 33ci). months and a fine of two thousand dollars·" the words "a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment". 12. The principal Enactment is amended by substituting for Substitution section 35 the following new section 35: ofsecti<l>n 35· "35.(1) Subjecttosubsection(2), theDirectormay, with the Compound general or special approval of the Minister, compound any ~rfe~~es. offence under this Enactment by making a written offer to such 1 :)erson to compound the offence upon payment to the Director of such amount not exceeding the maximum fine for that offence within such time as may be specified in the offer. (2) The offence which may be compounded under sub section (1) shall only be in respect of an offence committed for the first time. (3) Where the offence committed involves the taking of forest produce under section 20 or 23, the Director may, if he thinks fit, in addition to the amount payable under subsection (1), require such person to pay to the Government ( a) a sum not exceeding ten times the royalty, fee and other charges of such forest produce; (b) a sum not exceeding ten times the value of such forest produce; 96 No. 14 of 1994 Forest (Amendment) ( c) the costs of repairing any damage in respect of the offence committed; and ( d) any other charges payable to the Government. (4) In compounding any offence under subsection (1), any thing seized under this Enactment shall be fotfeited and dis posed of in accordance with the direction of the Director. (5) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecu tion for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director may grant, pros ecution for the offence may be instituted at any time thereafter against the person to whom the offer was made. ( 6) Where an offence has been compounded under sub section (1), no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made. 11 • Amendment 13. Section 36 of the principal Enactment is amended of section 36. ( a) by substituting for subsection (2) the following new subsection (2): 11(2) Any person arrested under subsection (1) shall, without unnecessary delay, be taken or sent to the officer in charge of the nearest police station or be produced before a Magistrate to be F.M.s. dealt with as provided by the Criminal Proce cap.6. d Cod " ure e. ; (b) in subsection (2A), by substituting for the words "Assis tantDistrictForestry Officer" the words "Forest Ranger"; and ( c) in subsection (3), by substituting for the words "fine of five hundred dollars II the words "fine not exceeding fifty Forest (Amendment) No. 14 of 1994 thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprison ment". 97 14. Section 38 of the principal Enactment is amended by insert- Amendment ing after subsection (8) the following new subsection (9): of sectio,n 38· "(9) Where in a prosecution for a forest offence, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proved ( a) that any map, plan or chart purporting to be made by the authority of the Director is so made and accurate; (b) that any mark placed on any tree, timber or any boundary mark of an area under a licence within a Forest Reserve or State Land placed by or under the authority of a forest officer has been so placed and is accurate; ( c) that any person found within a Forest Reserve or State Land in possession of any forest produce has taken or removed such forest produce without a licence issued under this Enactment; and ( d) that any person found within a Forest Reserve or State Land in possession of any machine, equipment or conveyance as specified in the Schedule intends to take or remove any forest produce.". 15. Section 40 of the principal Enactment is amended ( a) in the marginal note, by substituting for the words "and officers" the words "officers and members of the armed forces"; and (b) by substituting for the word "and" in line 1 a comma and Amendment of secti<!>n 40. (Uncomplete text) 98 Amendment of section 40A(2). Xew sections 41A,41B and 41c. No. 14 of 1994 Forest (Amendment) inserting after the words "police officers" the words "and members of the armed forces". 16. Subsection (2) of section 40A of the principal Enactment is amended by substituting for the words "District Forestry Officer" the words "Assistant Director of Forestry". 17. The principal Enactment is amended by inserting after section 41 the following new sections 41A, 41B and 41c: "Rewards. Protection of informers. 41A. The Director may order such rewards as he may deem fit to be paid to any forest officer or other person for services rendered in connection with any offence or seizure made under this Enactment. 41B. (1) Except as hereinafter provided, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of an informer or the substance and nature of the information received from him or to state any matter which might lead to his discovery. (2) If any books, documents or papers which are in evidence or are liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the infonner from discovery. (3) If on trial for any offence against this Enactment the court after full inquiry into the case believes that the infom1er wilfully made in his complaint a material state ment which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the infonper, it