National Forestry Act 1984 (Act No. 313)

LAWS OF MALAYSIA Act 313 NATIONAL FORESTRY ACT 1984 2 Date of Royal Assent 24th December 1984 Date of publication in Gazette 31st December 1984 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. Director may delegate his powers and duties. 6. Delegation of powers of State Authority to Director. PART III PERMANENT RESERVED FOREST Chapter }-Constitution of Permanent Reserved Forests 7. Power to constitute permanent reserved forests. 3 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 Rellrved Fortsts 10. Director to classify permanent reserved forests. (Arrangement of Sectiom) 4 Section ACT 313 Chapter 3-Excision of Land from Permanent Reserved Forests 1 I. 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 I-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 licenCC6, use pennits. etc., by way of renders, 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 per manent 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 Lkences 28. Power to permit the taking of forest produce by way of minor licence. 29. Issuance of minor licences by Director. 30. Durations, oonditioos, etc., and fonn of minor licences. 31. Minor licences not capable of transfer or transmission on death. [ Arrangement of Sections) Section NATIONAL FORESTRY Chapter 4-Use Permits 5 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 permi~ by Director. 35. Use permits not to be issued for the purpose of taking forest produce. 36. Durations. conditions, etc., and form of use pemti-ts. 37. Use permits not capable of transfer or transmis!>ion 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, cond·itioos, etc., and form of romoval licences. 44. Removal licences not capable of transfer or transmi!>sion 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 toads without road permit prohibited. SI. 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. [Arrangement of Sections) 6 Acr 313 Chapter 8-Forest Development Fund Section 56. Establishment and administration of the Forest Develop ment 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 I-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. Chapter 4-Possession of Purest Produce 68. Removal pass. 69. Conversion plant operator required to have removal passes 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. (Arrangement of Sectioni] Section NATIONAL FORESTRY PART VI UNCLAIMED TIMBER 7 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 PENALTlES 81. Acts prohi-bited 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 counterfeitin, or defacing. or possessing implements for counterfeitmg. marks on trees and timber and altering boundary marks. 87. General penalty. PART Vlll ENFORCEMENT Chapter I-Power of Arrest, Search, Seizure and Investigation 88. Power of arrest, seizure and investigation. 89. Seizure of forest produce the subject of an offence. 90. Se-arch 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. [Arrancement of Sections] 8 Acr 313 Section 99. Authority cards. 100. Furnishing of information to forest officer. 101. Compounding of offences. PART IX MISCELLANEOUS 102. Service of notices. 103. Action by and against the State Authority. 104. Presumption that forest produce belongs to the State Authority. 105. Certificate of the Director as to the value of forest produce. etc. l 06. Protection of forest officers, police officers and other persons. 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. 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 respe<:t to officers. 116. Power of State Authority to make additional transitional provisions, etc. 117. Transition.al provision with respect to rules, orders, etc. FIRST ScHEDULE. SECOND ScHEDULE. THIRD ScHEDULB. FOURTH ScHEDULB. FIFTH ScHBDULB. 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. [ 24 December 1984 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 adminis tration, management and conservation of forests and forestry development: Now, therefore, pursuant to Clause (I) (b) of Article 76 of the Federal Constitution, BE IT ENACTED by the Dull Yang Maha Mulia 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 1. (1) This Act may be cited as the National Forestry Short title, application Act 1984 and shall apply throughout Malaysia. and (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. (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 appli cation in such Territory this Act shall be subject to such modifications as the Minister may, from time to time, by order provide. commence• ment. [Pt. I, S. 2) ACT 313 Inter• 2. (I) In this Act, unless the context otherwise prctation. requires "assessment" means a statem t · · · d en m wntmg a dressed to any person specifying the amount of any royalty premium. cess, charges . or other sum of moaey payabl~ to the State Authority by the person to whom the state ment is addressed; "boundary mark" includes any survey, stone, iron pipe or spike, wooden peg or post, concrete post or pillar, marked t ree 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 struct ures or improvements, in or upon which forest produce 1s 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 fas.hi on forest produce in any forest where spccihcally authorized by any rules; "converted timber" means wood which has been cut sawn hewn. split, shaped or fashioned into piece; intended for use for any purpose other than as fuel; "conveyum:e" includes ship, train, ve~icle, aircraft or any other means . of transport by which persons or goods can he earned; "Director" means a State Director of Forestry appointed under subsection (1) of section 3 and includes the State Deputy Director of Forestry, and in sections 25, 26 and '1.7 nlso includes the District Forest Officer; NATIONAL FORESTRY [Pt. I, S. 2) 11 "entry permit" means a permit to enter a permanent reserved forest issued under paragraph (c) of subsection (1) of section 47; "fo~e~t harvesting plan" means an operating plan prescnbmg the manner and method for the taking of trees from a particular permanent reserved forest or State land, or part thereof, to secure the orderly taking of such trees; "forest management plan" means an oper~ting plan relating to silvicultural, economic or conservation activity or programme prescribed for a particular permanent reserved forest or part thereof to secure the orderly taking, renewal and conservation of trees in accordance with the principle of sustained yield; "forest officer" means an officer appointed under subsection (I) of section 3; "forest produce" includes (a) the following when found in or brought from a permanent reserved forest: guano, peat, rock, sea-sand, river-sand, sea shells, shell-sand and surface soil; (b) the following when found in or brought from a permanent reserved forest or State land : (i) trees and all parts or produce not herein after mentioned of trees; (ii) plants including climbers, creepers and grasses, and all parts or produce of such plants; (iii) silk, cocoons, honey and wax and edible bird's nests; (c) the following whether found in or brought from a permanent reserved forest, State land, mining land, reserved land or alienated land : timber, fuelwood, charcoal, getah, getah taban leaves, wood oil, bark, extracts of bark, damar and atap; "forest road" means any road situated within a permanent reserved forest but does not include a road declared to be Federal or State road; (Pt. I, S. 2) 12 Acr 313 "Form", followed by a number, means the form in the First Schedule identified by that number; "Form 2 notice" means the notice issued under section 25; "fuelwood" means timber suitable only for consump tion as fuel, or timber lawfully cut for consumption as fuel and used, or, in the opinion of the Director, intended to be used for no other purpose; "guano" includes the excrement of birds and of bats; "licence" means a licence issued under Chapter 2 of Part IV; "licence area" means the area demarcated under paragraph (a) of section 20; "licensee" means a person issued with a licence; "major forest produce" means the forest produce specified in Part A of the Second Schedule; "mark" in relation to forest produce means to mark, paint, brand, tag or otherwise to identify the forest produce; and "a mark" includes any letter, number, symbol or other mark, used for identifying forest produce; "Minister" means the Minister responsible for forestry; "minor forest produce" means the forest produce specified in Part B of the Second Schedule; "minor licence" means a minor licence issued under Chapter 3 of Part IV; "open forest" means any permanent reserved forest or part thereof declared to be an open forest under section 45; "permanent reserved forest" means any land con stituted or deemed to have been constituted a permanent reserved forest under this Act; "oole" means any section cut from a tree, and having a diameter of less than thirty centimetres at its larger end, which has not been further prepared for use other than the removal of bark and projection branches; [Pt. I, S. 2J NATIONAL FORESTRY 13 "premium" includes any sum authorized to be assessed in lieu of premium; "prescribed" means prescribed by any rules; "previous forest law" means any law relating to forest in force in the State at any time before the commencement of this Act; "property mark" means a mark which a licensee is entitled to place on timber to denote that he is entitled to the ownership of such timber on payment of all royalty, cess and other charges payable to the State Authority on such timber and on obtaining a removal pass; "record of measurement" means a record of the measurement of forest produce made by any forest officer in accordance with the provisions of Chapter 3 of Part V and of any rules; "reforestation plan,, means an operating plan relating to the establishment of a tree crop or the renewal of trees over an area within a permanent reserved forest; "removal licence" means a removal licence issued under Chapter 5 of Part IV; "removal pass" means a pass for the removal of f.orest produce issued under section 70; "road" includes any trail, path, bridge and clearings for laying. of rails; "road permit" means a road permit issued under section 50; "round timber" means any section cut from a tree, and having a diameter of not less than thirty centi metres at its larger end, which bas not been prepared for use otherwise than by removal of bark and branches and either rough squaring or longitudinal division into not more than four pieces in order to facilitate trans port or conversion; "royalty" includes any sum authorized to be assessed in lieu of royalty; [Pt. 1-11, S. 2-3) 14 ACT 313 "rules" means rules made under this Act; "State Financial Authority" has the same meaning Ac161. assigned to it in the Financial Procedure Act 1967; "take" in relation to forest produce includes every activity involved in (a) the harvesting, collecting, tapping, mining, quarrying or removing, of any forest produce; (b) the injuring or damaging of forest produc~; or (c) the grazing of cattle upon the forest produce; "timber" includes trees when they have fallen or been felled, and all wood whether or not cut up, fashioned or hollowed out for any purpose; "tree" includes root, stump, stem, branch, leaf, brush wood, palm, bamboo, cane, rattan and creeper; ''use permit" means a use permit issued under Chapter 4 of Part IV. (2) Subject to subsection (1) and unless the context otherwise requires, all words and expressions used in 56/65. this Act which are defined in the National Land Code shall be deemed to have the meanings attributed to them by that Code. Appoint ment of officers. Provided that in the State of Trengganu "alienated land" also includes concessions granted under a royal prerogative prior to the enactment of any land law. (3) In this Act, any reference to this Act or any particular written law includes a reference to any subsidiary legislation made thereunder. PART II ADMINISTRATION 3. (l) For the purposes of this Act, the State Authority may appoint a State Director of Forestry and so many Deputy State Di-rectors of Forestry, Assistant State Directors of Forestry, District Forest Officers, Assistant District Forest Officers and other officers as may be necessary. NATIONAL FORESTRY [Pt. II, S. 3-4) 15 (2) The appointments of the State Director of Forestry, Deputy State Director of Forestry, Assistant State Director of Forestry, District Forest Officer and Assistant District Forest Officer shall be published in the Gazette. 4. The Director shall (a) be responsible to the State Authority for the due administration within the State of the provisions of this Act; ( b) cause to be prepared and implemented State forest management plans which shall prescribe the allowable cut either in terms of volume or area, in accordance with the principle of sustained yiel~; (c) cause to be prepared and implemented reforesta tion plans; (d) cause to be reviewed from time to time the State forest management plans and reforestation plans prepared under paragraphs (b} and (c) respectively; (e) cause to be prepared and implemented programmes relating to amenity forests; (f) cause to be prepared an annual report on the activities of the State Forestry Department during the preceding financial year and submit such report to the State Authority and the Director General of the Federal Forestry Department before the 30th June of each year, (g) cause to be prepared and submitted to the State Financial Authority before the 30th September of each year an annual budget in respect of the following financial year for the purposes of paragraphs (b), (c), (d), (e) and (/); (h) perform such other duties as the State Authority may from time to time determine. Duties of the Director. (Pt. n-m, s. s-71 16 Acr 313 Director may delegate his powe111 and duties. Delegation of powers of State Authority to Director. Power to constitute permanent reserved forests. 5. The Director may, in writing, delegate to any forest officer not below the rank of Assistant District Forest Officer the exercise or performance (subject to such conditions and restrictions as may be prescribed in the instrument of delegation) of any power or duty conferred or imposed on him under this Act : Provided that any delegation under this section with respect to any power or duty shall not prevent the Director from himself exercising that power or performing that duty in any case where it appears to him expedient to do so. 6. The State Authority may, by notification in the Gazette, delegate to the Director the exercise or performance (subject to such conditions and restrictions as may be prescribed in the notification) of any power or duty conferred or imposed on the State Authority under this Act: Provided tbat (a) this section shall not apply to any power of the State Authority under this Act to make rules; and (b) the giving of a notification under this section with respect to any power or duty shall not prevent the State Authority from itself exer cising that power or performing that duty in any case where it appears to the State Authority expedient to do so. PART ID PERMANENT RESERVED FORESTS Chapter I-Constitution of Permanent Reserved Forests 7. (1) The State Authority may constitute any land a permanent reserved forest by publishing in the Gazette a notification (a) specifying the situation and extent of such land; and NATIONAL FORESTRY (Pt. m, S. 7-10) 17 (b) declaring that such land shall be a permanent reserved forest from a date fixed by the notifi cation. (2) From the date so fixed, such land shall be a permanent reserved forest. 8. Any land which has been constituted a reserved forest under any previous forest law shall be deemed to be a permanent reserved forest. 9. If the State Authority considers it expedient to constitute any land, not being a State land or reserved land or land vested in theState Authority, a permanent reserved forest, it may cause such land to be acquired in accordance with any written law relating to the acquisition of land for a public purpose for the time being in force in the State and any declaration required under such written law may be made, and such decla ration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law. Chapter 2-Classification of Permanent Reserved Forests 10. (I) The Director, with the approval of the State Authority, shall by notification in the Gazette, classify every permanent reserved forest under one or more of the following classifications which shall be descriptive of the purpose or purposes for which the land is being or intended to be used: (a) timber production forest under sustained yield; (b) soil protection forest; (c) soil reclamation forest; (d) flood control forest; (e) water catchment forest; (/) forest sanctuary for wild life; (g) virgin jungle reserved forest; (h) amenity forest; Existing reserved forests deemed to beper ma-nent reserved forests. Acquisition of land to be constituted a permanent reserved forest. DiTCctorto classify permanent reserved forests. (Pt. m, s. 10-121 18 ACT 313 State Authority may excise land from permanent reserved forest. State Authority to replace Land excised from permanent reserved forest. (z) education forest; (J) research forest; (k) forest for federal purposes. (2) For the purposes of subsection (1). any permanent reserved forest may be divided into several parts and each part. the situation and extent of which shall be specified in the notification, may be classified under one or more of the classifications enumerated in subsection (1). (3) The Director, with the approval of the State Authority, shall, by notification in the Gazette, change the classification of any permanent reserved forest or part thereof classified under subsection (l) if there is a change in the purpose or purposes for which such forest or part thereof had been classified. (4) A permanent reserved forest, until classified under subsection (I), shall be deemed to have been classified under paragraph (a) of subsection (1). Chapter 3-Excision of Land from Permanent Reserved Fores ts 11. (1) The State Authority, if satisfied that any land in a permanent reserved forest (a) is no longer required for the purpose for which it was classified under section 10; and (b) is required for economic use higher than that for which it is being utilised, may excise such land from the permanent reserved forest. 12. Where any land is excised under section 11 the State Authority shall, wherever possible and if it is satisfied that it is in the national interest so to do having regard to (a) the need for soil and water conservation and other environmental consideration; (b) the need to sustain timber production in the State in order to meet the requirements of the forest industry; NATIONAL FORESTRY (Pt. W•IV, S. 12-15) 19 (c) the economic development of the State; and (d) the availability of suitable land, constitute in accordance with section 7 an approxi mately equal area of land a permanent reserved forest. 13. (1) Whenever any land is excised from a permanent reserved forest, the State Authority shall cause to be published in the Gazette a notification (a) specifying the situation and extent of such land; and (b) declaring that such land shall cease to be a permanent reserved forest from a date fixed by the notification. (2) From the date so fixed, such land shall cease to be a permanent reserved forest. PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter }-Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land State Authority to notify in the Gazette any excision of land from permanent reserved forest. 14. All forest produce situate, lying, growing or having All forest its origin within a permanent reserved forest or State producert d h S h . prope y Ian shall be the property of t e tate Aut onty except of the s tate where the rights to such forest produce have been Auth0n~. specifically disposed of in accordance with the provi sions of this Act or any other written law. 15. (l) No person shall take any forest produce from a Prohibition permanent reserved forest or a State land except- ofnftakintg o ores (a) under the authority of a licence, minor licence f;~uce or use permit; or permanent reserved (b) in accordance with any other written law. ~~!:\~~d (2) Any person who contravenes subsection (l) shall be guilty of an offence and shall on conviction be liable 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. unless licensed, etc. [Pt. IV, S. 15-17) 20 Acr 313 Power to issue licences,, use permits, etc., by way of tenders. agreement, etc. Buildinpi to vest m State Authority on dderm1 natioo of licences. etc. (3) Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be ordered to pay to the State Authority (a) a sum not exceeding five times the royalty, premium, cess and other charges payable to the State Authority in respect of the forest produce unlawfully taken; and (b) a sum not exceeding three times the value of such forest produce, and any sum ordered to be so paid shall be recoverable as if it were a fine so imposed. 16. Any permission (a) to take forest produce from a permanent reserved forest or State land by way of licence or minor licence; or (b) to occupy or carry out any activity upon any land in a permanent reserved forest by way of a use permit, may be granted by the State Authority (aa) after it has caused to be invited tenders in respect thereof; (bb) after it has negotiated an agreement in respect thereof; or (cc) in such other manner or by such other process as it may deem fit in the circumstances of any particular case. 17. (1) On the determination of any licence, minor licence or use permit issued under this Act or any previous forest law, there shall, subject to subsection (3), vest in the State Authority all buildings on the land (by whomsoever erected) other than any of temporary construotion and capable of removal. (2) Subject to subsection (3), no compensation shall be payable by the State Authority in respect of any building vesting in it pursuant to this section. (3) Subsections (l) and (2) shall have effect subject to any provision to the contrary in the licence or permit. NATIONAL FORESTRY (Pt. IV, S. 18-20] 21 18. The State Authority may (a) vary or rescind any provision contained in any licence, minor licence, use permit or removal licence issued under this Act or the provisions of any previous forest law, where satisfied that compliance therewith is impossible or that great hardship would otherwise accrue to the licensee or holder of the minor licence, removal licence or use permit, as the case may be; and (b) to extend on such terms as the State Authority may think fit to impose, the time within which any act is required to be done by any provision of this Act. Chapter 2-Licences Power of State Authority to vary provisions or extend time. 19. The State Authority may, in accordance with the P 1 owertoh . . f h. Ch d f l ·t th icense t c prov1S1ons o t 1s apter an o any rues, perm1 e tnkingof taking of forest produce under licence from any for~r permanent reserved forest or State land. f:im uce permanent reserved forest or State land. 20. Unless otherwise exempted by the State Authority, Require before any licence is issued, the Director shall require :~i~~e!f b1; the applicant to do any or all of the following: applicants. (a) to demarcate on the ground the area or part thereof covered by the licence, the situation and extent of which shall be determined by the Director in accordance with the provisions of the licence, within which operations will be carried out by the applicant on becoming a licensee; (b) to prepare (i) a forest management plan or forest har vesting plan; and (ii) a reforestation plan in the manner to be specified by the Direotor; (c) to register with the Director a property mark which is approved by the Director. (Pt. IV, S, 21-24] 22 Acr 313 Durations, conditions and form of licence. Renewal of licences. Lice:1cenot capable of transfer or assignment. Forest manage ment plan, forest harvesting plan, etc., to be carried into effect. 21. ( I) Except in so far as it is otherwise prescribed, every licence shall be issued for a term of twelve months from the date of issue thereof, and, subject to section 22, may be renewed from time to time. (2) Every licence shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed. (3) Every licence shall be in Form 1 and, in the case of renewal of such licence, it shall be endorsed with a note of such renewal and the date of its intended expiry. 22. (1) Licences may, subject to any contrary direction by the State Authority and to any rules, be renewed on behalf of the State Authority by the Director. (2) Every application for the renewal of a licence shall be submitted to the Director not later than thirty days before the expiry thereof. (3) If the Director approves the application, he may renew the licence for a term not exceeding si~ months, and in so renewing may vary, delete or add to the pro visions contained therein. 23. (1) Except as provided in subsections (2) and (3), a licence shall not be capable of transfer or assignment and every licence shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof. (2) A licence issued to a statutory body may be trans ferred or assigned with the prior written consent of the State Authority. (3) The State Authority may, in the event of the death or incapacity of the person for the time being the holder of a licence, authorize the transfer or-assignment of the licence. 24. (1) A licensee who has been required under section 20 to prepare (a) a forest management plan or forest harvesting plan, as the case may be; and NATIONAL FORESTRY {Pt. IV, S. 24-27) 23 (b) a reforestation plan, shall, from a date to be appointed by the Director, carry them into effect to the satisfaction of the Director. (2) Where a licensee, without reasonable excuse fails to carry into effect a reforestation plan to the satisfac tion of the Director, the Director may in addition to revoking the licence, require the licensee to pay forth with to the State Authority a sum equivalent to the amount that would be incurred by the State Authority if it were to undertake or to engage any person to carry into effect the plan, such amount to be assessed by the Director in accordance with the guidelines and rates which the State Authority may prescribe. 25. (1) Where the Director has reason to believe that Director a licensee has contravened any of the provisions of this irc~~~::f~ Act or of a licence, he may, by serving a notice in Form cease 2 on such licensee, order such licensee, his servants and operatior.s where agents to cease immediately all operations in the licence there has area or any part thereof. ~:~r!ven (2) Any person who fails to comply with a Form 2 !~oen At1 or notice shall be guilty of an offence and shall on convic- licence. tion be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both such fine and imprisonment; and if the offence is a continuing one, to a further fine not exceeding three hundred ringgit for every day or part of a day during which the offence has continued. 26. The Director may at any time cancel a ·Form 2 Director notice if he considers it just or expedient to do so. ~i"~incel notice. 27. (1) Save where the Form 2 notice is sooner can- Suspension celled under section 26, the Director shall within sixty ti~~ ~yoca days of the service thereof, require the licensee named licence: in the notice to appear before him and to show cause ;~~1~1~ as to why his licence should not be suspended or Fo~m 2 revoked. notice. (2) A person called upon to show cause under sub section (1) shall be supplied by the Director with parti culars in writing of the contravention alleged against hi~ and he may appear in person or be represented by any person authorized by him in writing. (Pt. IV, S. 27-30) 24 Acr 313 Power to permit the taking of forest produce by way of minor licence. Issuance of minor licences by Director. Durations, conditions, etc., and form of minor licences. (3) If after the hearing the Director is satisfied that the licensee has contravened any of the provisions of this Act or of the licence, he may (a) revoke the licence; or (b) suspend the licence for such period as he may determine. (4) A person aggrieved by any decision of the Director under subsection (3) may, within thirty days of the receipt by him of the decision, appeal to the State Authority whose decision shall be final. (5) A decision of the Director under subsection (3) shall be of immediate effect notwithstanding any appeal under subsection (4). Chapter 3-Minor Licences 28. The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the taking under licence (to be known as minor licence) of any major forest produce not exceeding seventy cubic metres or any minor forest produce from any (a) permanent reserved forest; or (b) State land. 29. Minor licences may, subject to any contrary direc tion by the State Authority and to any rules, be issued or renewed on behalf of the State Authority by the Director. 30. (1) Except in so far as it is otherwise prescribed, every minor licence shall be issued for a term expiring not later than the end of the calendar year in which it commences, and, subject to subsection (3), may be renewed from time to time. (2) Every minor licence shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provi sions which may be prescribed. (3) The Director may, on the application of a holder of a minor licence made not later than thirty days before the expiry thereof, renew the minor licence for a NATIONAL FORESTRY (Pt. IV, S. 30-33] 25 term of not more than six months, and when renewing a minor licence, the Director may vary, delete or add to the provisions contained therein. (4) Every minor licence shall be in Form 3 and in the case of renewal of such licence it shall be endorsed with a note of such renewal and the date of its intended exp1ry. 31. A minor licence shall not be capable of assign- Minor ment; and every minor licence shall terminate on the licences not capable of death of the person, or dissolution of the body, for the transfer or time being the holder thereof. transmission on death. Chapter 4-Use Permits 32. (1) Subject to subsection (3), no person shall occupation occupy or carry out any activity upon any land within ~r;ing out a permanent reserved forest, unless he is the holder of activities a use permit. ~:~nent reserved (2) Any person who contravenes subsection (1) shall forest be guilty of an offence and shall on conviction be liable prohibited. to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. (3) Subsection (I) shall not apply to the occupation of, or the carrying out of any activity upon, any land in a permanent reserved forest if such act or activity is (a) the exercise of a right conferred or the per formance of a duty imposed by any licence, minor licence, entry permit or road permit; or (b) authorized or required to be done under this Act. 33. (1) The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the occupation of, or the carrying out of any activity upon, any land in a permanent reserved forest. (2) Permits to oocupy or carry out any activity upon any land within a permanent reserved forest issued by the State Authority under subsection (1) shall be known as use permits. Power to permit the occupation of, or the carryin~ out of actiVJties in, permanent reserved forests. {Pt. IV, S. 34-36} 26 Acr 313 Issuance of use permits by Director. Use permits not to be issued for the purpose of taking forest produce. Durations, conditions, etc., and form of use permits. 34. Use permits may, subject to any contrary direction by the State Authority and to the provisions of any rules, be issued or renewed on behalf of the State Authority by the Director for the carrying out of any of following activities: (a) research; (b) education or training; (c) recreation; (d) use of water resources except the construction or operation of hydro-electric dams; (e) cultivation of vegetables and fodder crops; (/) establishment of conversion plants; (g) establishment of logging infrastructures. 35. Nothing in this Chapter shall be construed as authorizing the issue of a use permit for the purpose of permitting the holder thereof to take forest produce from a permanent reserved forest, however a use permit issued may contain a provision permitting the holder thereof to take forest produce from the area specified in the permit if (a) the taking of such forest produce is incidental to or necessary for the purpose for which the use permit is issued; or (b) such forest produce is, under the use permit, allowed to be grown by the holder thereof. 36. (1) Except in so far as it is otherwise prescribed, every use permit shall be issued for a term expiring not later than the end of the calendar year in which it commences, and, subject to subsection (3), may be renewed from time to time. (2) Every use permit shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed. (3) The Director may, on the application of a holder of a use permit made not later than thirty days before the expiry thereof, renew the use permit for a term of not more than one calendar year, and when renewing a use permit, the Director may vary, delete or add to the provisions contained therein. NATIONAL FORESTRY (Pt. IV, S. 36-40] 27 (4) Every use permit shall be in Form 4 and, in the case of renewal of such use permit, it shall be endorsed with a note of such renewal and the date of its intended expiry. 37. A use permit shall not be capable of assignment; and every use permit shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof. Usei permits not capable of transfer or transmission on death. 38. A use permit may be suspended or revoked in the Usepermit manner and to the extent provided in sections 25, 26 :!~!~ed and 27 as if a use permit were a licence referred to in or revoked. those sections. 39. Any movable property brought upon the land covered by a use permit may be removed by the owner thereof during the term of the use permit, but if any movable property remains on such land for more than ninety days after the expiry or revocation of the permit, the Director may dispose of the property in such manner as he considers fit, and may recover from the owner thereof or the holder of the use permit such expenses as are incurred by him in disposing of such property. Chapter 5-Removal Licence 40. (1) No person shall remove any forest produce from any (a) alienated land; (b) land held under a temporary occupation licence; (c) mining land; or (d) reserved land, unless he is the holder of a removal licence. (2) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (3) The State Authority may exempt from this section any forest produce removed from any alienated land by any aborigine for any of the purposes specified under paragraph (b) of subsection (2) of section 62. Movable pro~.Y rema101ng on land on expiration of use permit. Removal licence is required for the removal of forest produce from certain land. {Pt. IV, S. 41-43) 28 ACT 313 Power to permit removal of forest produce. Issuance of removal licences by Director. Durations, condition~. etc., and form of removal licences. 41. The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the removal under licence (to be known as removal licence) of any forest produce from any (a) alienated land; (b) reserved land; (c) mining land; or (d) land held under a temporary occupation licence. 42. (1) Removal licences may, subject to any contrary direction by the State Authority and to any rules, be issued on behalf of the State Authority by the Director. (2) A removal licence shall only be issued (a) in the case of alienated land, to the owner of the land or, with his consent, to any other person; (b) in the case of land held under temporary occupation licence, to the holder of the licence or, with his consent, to any other person; (c) in the case of a mining land, to the person to whom the mining lease or certificate has been granted or issued or, with his consent, to any other person; or (cl) in the case of reserved land (i) to the person who is designated under the National Land Code as the officer for the time being having the control of the reserved land or, with his consent, to any other person; or (ii) if such land has been leased by the State Authority, to the person to whom the lease has been granted or, with his consent, to any other person. 43. (1) Except in so far it is otherwise provided, every removal licence shall be issued for a term not exceeding six months from the date of issue thereof. (2) Every removal licence shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provi-: sions which may be prescribed. NATIONAL FORESTRY [Pt. IV, S. 43•47) 29 (3) Every removal licence shall be in Form 5. 44. A removal licence shall not be capable of assign ment; and every removal licence shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof. Chapter 6-Entry into Permanent Reserved Forest Removal licences not capable of transfer or transmis sion on death. 45. The State Authority may, by notification in the Powerto Gazette, declare any permanent reserved forest or pa~t ~~~:ent thereof to be an open forest or a closed forest, and until reserved a permanent reserved forest or part thereof has been r~:! ~~en so declared to be an open forest it shall be deemed to fclosed b l d f orest. e a c ose orest. 46. In exercising the powers under section 45, the State Authority shall give due consideration to the necessity of protecting the forest and the environment and to the recreational and other needs of the public. State Authority to consider protection of the forest and needs of the public, etc. 47. (1) No person shall enter any closed except forest No entry into closed forests with (a) a licensee, his servants or agents, but only for the purpose of exercising the rights granted by the licence; (b) a forest officer or a person authorized by any other written law, but only for the purposes of carrying out the functions for which he is appointed or authorized; (c) a person holding a permit to enter permanent reserved forest, but only for the period stated in the permit; (d) a holder of a use permit, his servants and agents, but only for the purpose of exercising the rights granted by the use permit; and (e) any other person authorized in writing by the Director but only for the purpose authorized. (2) An entry permit may only be issued by the Director or by a forest officer authorized by the Director to issue the same. (3) Every entry permit shall be in Form 6. certain exceptions. [Pt. IV, S. 47-501 30 ACT 3\3 Power to suspend rights of entry. Power to limit rights of en.try into open forest. Use of forest roads without road permit prohibited. (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable ~o a fine not exceeding five hundred ringgit or to 1mpnsonment for a term not exceeding three months or to both such fine and imprisonment. 48. The Director or any officer authorized to issue entry permits may suspend the right of entry of any of the persons referred to in paragraphs (a), (c) and (d) of section 47 (a} if he has reasonable cause to suspect that there has been a breach of {i} any of the provisions of this Act; or (ii) any of the provisions of a licence, minor licence, use permit, entry permit or road permit; or (b) if there has been an occurrence of an event or condition or fire or other hazard that may endanger the forest. 49. The Director may impose such conditions and restrictions as he considers fit on the rights of entry into an open forest of any person or class of persons. Chapter 7-Roads in Permanent Reserved Forest and Licence Area 50. ( l) No person shall use any motor vehicle on any forest road unless he is the holder of a road permit issued by the Director. (2) Every road permit shall be in Form 7. (3) The Director may exempt any person or class of persons from subsection (I). (4) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty ringgit. (5) In this section, "motor vehicle" means every description of vehicle propelled by means of mecha nism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer. NATIONAL FORESTRY [Pt. IV, S. 51-551 31 51. The Director may cause to be constructed or main- Director tained such forest ~oads as he considers necessary for ~~truct the purposes of this Act. forest roads. 52. A licensee shall, in and about the licence area, Licensee to construct at his own expense all roads that are pre- ~~~struct scribed in the forest management plan or forest maintain harvesting plan or required by the Director to be roads. constructed; and such roads, together with any other roads that are already in existence at the time of obtaining the licence, shall be constructed, maintained and, upon the expiry of the licence, left, in accordance with the forest management plan or timber harvesting plan or requirements prescribed by the Director. as the case may be. 53. A licensee who constructs or maintains a road Licensee under section 52, his servants and agents, shall be :~~::d~0 entitled to the use of such road for the purpose of coostr}lctcd taking forest produce from his licence area and, except ~;:i:;i; as may be provided under section 54, he shall not levy him.. any charge or toll for the use of such road by other persons. 54. Where in respect of a forest road constructed or Director . maintained by a licensee under section 52 the Director, = ~fuue under subsection ( I) of section 50, permits the use of forest roots such road by a person other than the licensee, his :~ fl~nti~ servants or agents, the Director may direct that such person pay a toll to the licensee at such rate as the Director may determine for the use of such road, provided that the Director shall not be liable for any non-payment of any toll to the licensee by such person. 55. Within a permanent reserved forest or a licence Non-liability area, neither the State Authority nor the Director is ~~:'tor under any duty to repair or maintain any road or to orState. erect signs warning of any conditions or hazards tc,~t~~:f thereon, and is not liable for any injury or death to repair of any person or damage to any property caused by the .forest roads. condition or the standard of construction or main tenance of such road. (Pt. IV, S. 56-58} 32 ACT 313 Establish ment and administra• tionof the Forest Develop ment Fund. Moneys to be paid into the Fund. Act 101, Act 208. Chapter 8-Forest Development Fund 56. (1) The State Authority shall establish a fund to be known as the "Forest Development Fund" (hereinafter referred to as the "Fund"). (2) The Fund shall be administered by a committee to be known as the "Forest Development Fund Com mittee" (hereinafter ref erred to as the "Committee") consisting of (a) the State Secretary, as Chairman; (b) the State Financial Officer; and (c) the Director. 57. (1) There shall be paid into the Fund (a) such sum as shall be annually appropriated by the State Legislative Assembly necessary for the purposes of the Fund for the following financial year; (b) the forest development cess collected under section 60; (c) any loan or grant given to the State Authority by the Federal Government for the purposes of the Fund; (d) any money paid to the State Authority under subsection (2) of section 24; and (e) all moneys collected under any previous forest law by the State Authority for the purpose of financing research on forestry, silviculture works, forest surveys, inventory and other related operations connected with forest deve lopment in the State, which remains un expended. (2) All moneys paid into the Fund shall (a) be deposited in Bank Negara Malaysia or in any bank duly licensed under the Banking Act 1973; or (b) be invested in accordance with the provisions of the Trustee Act 1949. K!'Wu~.0 f 58. The Fund shall be used for the following purposes : (a) the preparation of the State forest management plans required under paragraph (b) of section 4; NATIONAL FORESTRY {Pt. IV, S. 58-60} 33 (b) the preparation and implementation of re forestation plans required under paragraph (c) of section 4; (c) the reviewing of the State forest management plans and reforestation plans required under paragraph (d) of section 4; (d) the preparation and implementation of pro grammes relating to amenity forests required under paragraph (e) of section 4; and (e) any expenses incurred by the State Authority in carrying into effect a reforestation plan under section 24. 59. (1) The Committee shall keep proper accounts and Accoun~ other records in respect of the operations of the Fund, aod audit. and shall cause to be prepared a statement of accounts in respect of each financial year. (2) The Committee shall cause its accounts to be audited annually by the Auditor-General. (3) As soon as the accounts of the Committee have been audited, but not later than six months after the end of the financial year, the Committee shall cause a copy of the audited statements of accounts to be transmitted to the State Authority together with a copy of any observations made by the Auditor-General on the statement or on the accounts of the Committee. (4) The Menteri Besar or Chief Minister, as the case may be, shall cause a copy of the statement and observations transmitted to the State Authority under subsection (3) to be laid before the State Legislative Assembly. 60. (l) For tbe purposes of the Fund, there shall be Forest payable to the State Authority a cess (to be known as ~:'.,~Iopment forest development cess) in respect of any of the forest produce, specified in the Third Schedule, removed from any permanent reserved f~ State land, reserved land, mining land or alienated land, at the rate prescribed in that Schedule. (2) The State Authority may, by order, (a) prescribe the manner of collection of such cess; and (b) amend the Third Schedule. (Pt. IV•V, S. 60--62] 34 Acr 313 Royalty payable to State Authority. Power to remit. commute or waive royalty. (3) Subsection (1} shall not apply to the removal of forest produce by a licensee who has been required to carry into effect a reforestation programme under section 24. PART V ROY AL1Y AND PREMIUM Chapter 1 -Royalty 61. Royalty shall be payable to the State Authority in respect of all forest produce taken at the rates laid down in the royalty rate list as published in the Gazette by the State Authority. 62. (1) Notwithstanding section 61, the State Authority may reduce, commute or waive any royalty in respect of, or exempt from royalty, any forest produce or class of forest produce taken. (2) Subject to any contrary direction by the State Authority, the Director may reduce, commute or waive any royalty in respect of, or exempt from royalty, .(a) any forest produce or class of forest produce for the following purposes : (i) for scientific, or other non-commercial purposes; (ii) to encourage the utilisation of various dimensions and species of forest produce having little or no market demand and which would otherwise be uneconomical to take; (iii) to encourage the taking of forest produce damaged by fire,. pest, disease or other causes; (iv) for the construction of forest roads or any work of public utility; (b) any forest produce or class of forest produce taken from any State land or alienated land by any aborigine for (i) the construotion and repair of temporary huts on any land lawfully occupied by such aborigine; NATIONAL FORESTRY (Pt. V, S. 62-651 35 (ii) the maintenance of his fishing stakes and landing places; (iii} fuelwood or other domestic purposes; or (iv) the construction or mainterumce of any work for the common benefit of the aborigines. 63. (1) Where any forest prodU<;e -required under the Failureto licence to be cut and removed is not cut before the ~~~ expiry of the licence, or is not removed within thirty forest days upon the expiry of the licence, or is damaged or produce. destroyed by reason of the operations conducted in or about the licence area, the Director may issue an assessment against the licensee thereof in an amount up to three times the royalty, premium, cess and other charges and any such forest produce which has been cut but not removed shall become the property of the State Authority free from all encumbrances, notwithstanding that royalty, premium, cess or other charges have been paid with respect to such forest produce to the State Authority. (2) An assessment under subsection (l) shall be based upon an inspection of the licence ,area by a forest officer made within three months, or such longer period as the Director may allow, of the expiry of the licence. (3) Any person aggrieved by an asse~sment made under subsection (l) may, within thirty days of the service of the assessment upon him, appeal to the State Authority whose decision shall be final. Chapter 2-Marking of Forest Produce 64. The Director shall maintain a register of all pro- Di.r;ect'?f to perty marks and the register shall contain- :--;:r:,f (a) particulars of eaeh property mark registered; :!~it~ (b) the name of the licensee concerned; and (c) a description of the licence and the licence area. 65. (1) Unless otherwise prescribed, a licensee shall u;:r tot cause to be marked all forest produce taken from the :roduce~ licence area in accordance with any rules. IPt. v. s. 65.661 36 ACT 313 Place of measure ment of forest produce removed from licence area. (2) Any forest produce not marked as required by subsection (I) shall, until the contrary is proved, be deemed to be the property of the State Authority. Chapter ]-Measurement of Forest Produce 66. ( l) All forest produce in respect of which royalty, premium, cess or other charges are payable to the State Authority shall be measured by a forest officer prior to its removal from the licence area upon which it is taken or, if the licence under which it is taken provides other wise, then such measurement shall be made at the place and time specified in the licence. (2) Where it is provided in the licence that the forest produce shall be measured at a place outside the licence area, the Director may specify the route by which the forest projuce shall be transported to such place for the purpose of measurement. (3) Notwithstanding subsection (1) or (2), the Director may, at any time, specify a place or time for the measurement, or prescribe a route for the transporta tion, of forest proGuce other than the place, time or route specified in subsection (l) or (2). (4) Any person (a) who removes any forest produce from a licence area in contravention of subsection (1); (b) who, in transporti::ig any forest produce from a licence area to a place of measurement specified by the Director under subsection (3), without reasonable excuse, use a route different from that prescribed by the Director under subseotion (2) or (3); or (c) who, without reasonable excuse, removes any forest produce from a licence area to a place other than a place for the measurement of such forest produce as specifi~ by the Director under subsection (3), shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. NATIONAL FORESTRY [Pt. v. s. 67-68) 37 67. (1) Any forest produce removed from any (a) alienated land; (b) reserved Jand; (c) mining land; or (d) land held under a temporary occupation licence, shall, if royalty ·is payable on such forest produce, be taken to a place specified in the removal licence or to such place as the Director may specify, for the measure rr..ent of such produce. · (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprjsonment for a term not exceeding two years or to both such fine and imprisonment. Chapter 4-Possession of Forest Produce Place of measure,. meotof forest produce removed from alienated land and mining land. 68. (I) Every person in possession, custody or control Removal of any forest produce shall have with him and available pass. for inspection by any forest officer a pass for the re moval of such forest produce. (2) Subsection ( 1) shall not apply to any forest pro duce situate upon (a) a licence area; (b) an area specified in a use permit; (c) any alienated land; (d) any land held under a temporary occupation licence; (e) any mining land; or ('/) any reserved land, from which it is taken prior to its removal from such area or land, or to any forest produce in transit along a route specified under subsection (2) or (3) of section 66. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. (Pt. V, S. 69-72) 38 ACT 313 Conversion plant opcl1ltor required to have removal passes and record of measure ment. Issuance and form of removal pass. 69. (l) Every person engaged in converting any forest produce or is in control or charge of a conversion plant shall have with him and available for inspection by any forest officer a removal pass and a record of measurement in respect of all forest produce converted or being or about to be converted or being in or about the conversion plant or other premises under his charge or control. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not· exceeding one year or to both such fine and imprisonment. 70. (l) A removal pass may only be issued by the Director or by a forest officer authorized by the Director to issue the same. (2) Every removal pass shall be in Form 8. (3) In the case of a forest produce on which no royalty is payable to the State Authority, the licence, minor licence, use permit or removal licence under which such forest produce is taken or removed, shall be deemed to constitute a removal pass for the purpose of this Chapter. Exemption. 71. Subject to any rules, the Director may exempt any person from any of the provisions of this Chapter where Royalty, etc., payable when aacucd. (a) the conversion plant under the charge or control of such person is situate within or adjacent to the licence area;. (b) the Director considers it more expedient to measure the forest produce after conversion; or (c) the Director is satisfied that such exemption would not cause any loss <?f royalty or other revenue to the State Authonty. Chapter 5-Payment of Royalty, Premium, Cess and Other Charges Payable to the State Authority 72. (1) Royalty, premium, cess and other charges pay able to the State Authority under this Act shall be due and payable to the State Authority when assessed and NATIONAL FORESTRY (Pt. V, S. 72-751 39 shall be deemed to have been assessed when the assess ment is signed and served on the person from whom payment is due. (2) Unless the Director directs otherwise, an assess ment in respect of forest produce shall be issued and served together with each record of measurement. (3) The Director may, within six months of the issue of any assessment under this Act, issue a reassessment which shall be of the same effect as an original assess ment. 73. Notwithstanding anything contained in this Act, Title to ownership to any forest produce shall not pass to any ~~~!ce. person unless (a) all royalty, premium, cess and other charges payable in respect of the licence and forest produce have been paid to the State Authority; and (b) a removal pass has been issued in respect of such forest produce. 74. If royalty, premium, cess or other charges payable Forest to the State Authority in respect of any forest produce Pf°;!~coth is not paid to the State within the time specified by the s~em c Director, ownership to such forest produce shall vest Au,~ri~ if in the State Authority free from all encumbrances. ~0::aid'. e c., 75. (1) Before any licence, minor licence or use permit Deposit is issued. the applicant shall deposit such sum of money ~=~ as may be determined by the authority issuing the same as security for the due observance of the provisions of the licence, minor licence or use permit, as the case may be, and for the payment of any or all sums payable to the State Authority. (2) Such authority may require the deposit to be in any of the following forms : (a) cash; (b) valid written guarantee of a licensed commer cial bank; (c) a combination of (a) and (b). [Pt. V-VI, S. 75-80) 40 ACT 313 Unclaimed timber deemed to be property of State Authority. Public notice of timber collected under section 76. Procedure on claim to timber. Disposal of unclaimed Umber. Payment to be made by claimant before delivery of timber. (3) The Director may, whenever he considers it necessary to do so, require the licensee or the holder of the use permit or minor licence, as the case may be, to f~rthwith deposit an additional sum of money, or provide a new deposit to replace the deposit previously made. PART VI UNCLAIMED TIMBER 76. (1) Any timber found adrift, beached, stranded, sunk or abandoned or which is not in the possession or under the control of any person shall be deemed to be the property of the State Authority until any person establishes his right thereto as hereinafter provided. (2) The Director or any forest officer duly authorized by him may collect and bring such timber to a con venient place pending action under section 77. 77. (1) The Director or the forest officer authorized by him under subsection (2) of section 76 shall give public notice of timber collected under section 76 by publish ing a notice informing of the timber collected at the public notice board of the State Forest Offie¢, District Forest Office and District Land Office. (2) Such notice shall require any person claiming the timber to make his claim to the Direct0r within fourteen days of the date of the notice. 78. Where a claim is made pursuant to section 77, the Director may, after due inquiry (a) reject the claim and record his reasons for so doing; or (h) subject to section 80, deliver the timber to the claimant. 79. Where no claim is made within the period specified under section 77, or where such claim has been made and rejected, the ownership of such timber shall vest in the State Authority free from all encumbrances. 80. (1) No person shall be entitled to recover posses sion of any timber collected under section 76 until all expenses incurred in collecting, moving, storing and disposing of the timber, as assessed by the Director, have been paid to the State Authority. NATIONAL FORESTRY (Pt. VI-VII, S. 80-811 41 (2) Where a person fails to pay the expenses payable under subsection (l) within thirty days of the service of the assessment on him, the Director may direct that the timber be sold and the proceeds of the sale shall be used for the payment of such expenses, and any sum remaining (if any) shall, unless claimed by the person aforesaid within fourteen days of the sale, be credited to the State Consolidated Fund. PART VII MISCELLANEOUS OFFENCES AND PENALTIES 81. (1) Unless authorized under this Act, no person Acts shall, in a permanent reserved forest- prohibited in (a) graze cattle or permit cattle to graze; !::r:!!fnt (b) fell, cut, ring1 mark, lop or tap any tree; or forests. injure by fire, or otherwise, or remove any tree or timber; (c) cause any damage in felling any tree or cutting or draggmg any timber; (d) search for, collect, subject to any manu facturing process or remove any forest produce or minerals; (e) clear or break up any land for cultivation or any other purpose; (/) use poisonous substance, or dynamite or other explosives on rivers or lakes for the purpose of fishing; or hunt, shoot, fish or set traps or snares; or (g) trespass in any manner not in this section here inbefore prohibited. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liabte (a) if the offence is under paragraph (a) or (c} of subsection (l), to a fine not exceeding two hundred ringgit; (b) if the offence is under paragraph (b), to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment; (Pt. VII, S. 81-83) 42 ACT 3l3 Prohibition as to fire. Offensive littering. (c) if the offence is under paragraph (d) or (e), to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; and (d) if the offence is under paragraph (/) or (g), to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. (3) Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be ordered to pay to the State Authority (a) the value of any tree or timber; and (b) the costs of repairing any damage, in respect whereof the offence was committed, and any sum ordered to be so paid shall be recoverable as if it were a fine so imposed. 82. (l) No person shall kindle, keep or carry any fire, or leave any fire burning, within a permanent reserved forest in such a manner as to endanger such reserved forest. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 83. (1) No person shall commit offensive littering in a permanent reserved forest. (2) Any person who contravenes subsection ( 1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (3) A person commits offensive littering in a per manent reserved forest if he creates an objectionable stench or degrades the beauty or the appearance of property or detracts from the natural cleanliness or safety of property by intentionally (a) discarding or depositing any rubbish, trash, garbage, debris or other refuse; NATIONAL FORESTRY (l't. VII, S. 83-85] 43 (b) draining, or causing or permitting to be drained, mining sludge, industrial effluent, sewage or the drainage from a cesspool, septic tank, recrea tional or camping vehicle waste holding tank or other contaminated source; or (c) permitting any rubbish, trash, garbage, debris or other ref use to be thrown from a vehicle which he is operating or which is under his control. 84. (1) Any person found in possession, custody or un1a~u1 control of any forest produce on which royalty, ~rr:5:;n premium, cess or other charges in respect of such forest produce. produce has not been paid shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. (2) If in any prosecution in respect of any forest produce for the non-payment of any royalty, premium, cess or other charges, any dispute arises whether the royalty, premium, cess or other charges have been paid in respect of such forest produce or whether any forest produce is exempt from any royalty, premium, cess or other charges under this Act, then in every such case the burden of proof thereof shall be on the defendant in such prosecution. 85. (1) No person shall bring into the State from any Removal other State any forest produce unless he is in possession =ired for of a valid removal pass issued by an authorized officer !::-~:; of the other State. of forest produce. (2) Any person who contravenes subsection (I) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both such fine and imprisonment. (Pt. VII-VIII, S. 86,.88) 44 Acr 313 Penalty for counter feiting or defacing, or possessing implements for counter feiting, marks on trees and timber and altering boundary marks. General penalty. Power of arrest, seizure and investiga tion. 86. Any person who (a) knowingly counterfeits upon any tree or timber, or has in his possession any implement for counterfeiting, any mark used by forest officers; (b) unlawfully or fraudulently affixes to any tree or timber any mark used by forest officers or any property mark; (c) alters, defaces or obliterates any mark placed on any tree or timber by or under the authority of a forest officer; or (d) alters, removes, destroys or def aces, any boundary mark of a permanent reserved forest or of any land proposed to be included in a permanent reserved forest, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both such fine and imprisonment. 87. Whoever commits a breach of any rules for the breach of which no penalty is expressly provided shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprison ment. PART VIII ENFORCEMENT Chapter I-Power of Arrest, Search, Seizure and Investigation 88. (l) A forest officer not below the rank of Forester or a police officer may arrest without warrant any person whom he has reason to believe to have com mitted a forest offence, if the person ref uses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable. grounds for believing that he has furnished a false name or address or that he is likely to abscond; and may seize any thing which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence. NATIONAL FORESTRY {Pt. Vlll, S. 88-90] 45 (2) When any person has been arrested under sub section (1) he shall thereafter be dealt with as provided by the Criminal Procedure Code. (3) Any forest officer not below the rank of Assistant District Forest Officer, any police officer not below the rank of Sergeant and any officer in charge of a police station may, in relation to any investigation in respect of any forest offence, without order of the Public Prosecutor, exercise the special powers in relation to F.MS. Cap.6. police investigations given by the Criminal Procedure F.Ms. Code in any seizable case. Cap. 6. 89. Any forest produce in respect of which there has rizur of been, or there is, reasonable cause to suspect that there P~:iuce the has been committed a forest offence, together with any si;:,iect of an receptacle, package or conveyance in which the same O ence. may have been found or which has been used in con nection with such offence, and any machinery, tool, book, document or other things which may reasonably be believed to have a bearing on the case, may be seized by any forest officer not below the rank of Forester or any police officer. 90. ( l) If it appears to a Magistrate upon written inf or- Search with mation on oath and after such enquiry as he considers warrant. necessary that there is reasonable cause to believe that in any building or place or on any land there is con cealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the Magistrate may issue a warrant authorizing any forest officer not below the rank of Assistant District Forest Officer or any police officer named therein, by day or night and with or without assistance, to enter the building, place or land and there search for and seize, and therefrom remove, any forest produce in respect of which the forest offence has or is suspected to have been committed and any machinery, tool, book, document or other things that is reasonably believed to furnish evidence of the commission of the offence. (2) Any forest officer or police officer acting under subsection (l} may (a) break open any outer or inner door of the building or place or any fence, enclosure, gate or other obstruction to the land, in order to effect entry thereinto; (Pt. VIII, S. 90-92) 46 Acr 313 Search without warrant. Power to stop and search con~ veyanccs. (b) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect under subsection (l); and (c) detain every person found in the building or place or on the land until it has been searched. 91. If it appears to a forest officer not below the rank of Forester or a police officer that there is reasonable cause to believe that in any building or place or on any land there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, and if he has reasonable grounds for believing that by reason of the delay in obtaining a warrant under section 90 the forest produce is likely to be removed, he may exercise in, upon, and in respect of the building, place, or land all the powers mentioned in section 90 in as full and ample a manner as if he were authorized to do so by a warrant under that section. 92. (l) If any forest officer not below the rank of Forester or any police officer has reasonable suspicion that any conveyance is carrying forest produce in con travention of this Act or in respect of which a forest offence is being or has been committed, he may stop and examine the conveyance. (2) The person in control or in charge of the con veyance shall, if required to do so by the forest officer or police officer (a) stop the conveyance and allow the forest officer or police officer to examine it; and (b) open all parts of the conveyance for examina tion and take all measures necessary to enable or facilitate the carrying out of such examina tion as the forest officer or police officer considers necessary to make. (3) Any person who fails or refuses to CO!}lply with any requirement of the forest officer or pohce officer under subsection (2) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both such fine and impri sonment. NATIONAL FORESTRY (Pt. VIU, S. 93-94) 47 Chapter 2--Provisions Relating to Things Seized 93. (l) Whenever any thing is seized under this Act, D~ty of the seizing officer shall forthwith- :m:C!. (a) place on such thing or on the receptacle or package in which it is contained a mark indi cating that such thing has been seized; and (b) except where the seizure is made on the person or in the presence of the off ender or the owner or his agent, as the case may be, give notice in writing of such seizure and the grounds thereof to the owner of such thing, if known, either by delivering such notice to him personally or by post or at his place of abode if known. (2) Any person (other than a forest officer or police officer authorized under this Act) who tampers with, removes, damages or destroys any thing marked under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprison ment. 94. (1) Any thing liable to seizure under this Act shall Forfeiture b 1. bl f f · of things e 1a e to or e1ture. seized. (2) Where any thing has been seized under this Act, a forest officer not below the rank of District Forest Officer may, at his discretion, temporarily release such thing to the owner of the same on security being furnished to his satisfaction that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction. (3) An order for the forfeiture or for the release of any thing. liable to forfeiture under this Act shalt be made by· the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that a forest offence has been committed and that the thing was the subject matter of, or was used in the commission of, the offence notwithstanding that no person may have been con victed of such ofience. (4) If there be no prosecution with regard to any thing seized under this Act, such thing shall be taken and deemed to be forfeited at the expiry of one calendar (Pt. VIII, S. 94-95] 48 ACT 313 Noco$ts, damages, etc., on seizure. month from the date of seizure unless before that date a claim thereto is made in the following manner : (a) any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the forest officer or police officer in whose possession such thing is held that he claims the same; (b) on receipt of such notice the forest officer or police officer, as the case may be, shall refer the claim to the Director who may order that such goods be released or may direct such officer to ref er the matter to the President of a Sessions Court for decision; (c) the President to which the matter is ref erred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him and upon his appearance or default to appear, the President shall proceed to the examination of the matter and, on proof that a forest offence has been committed and that such thing was the subject matter of or was used in the commission of such offence, shall order the same to be forfeited or may in the absence of such proof order its release. (5) All things forfeited or deemed to be forfeited shall be delivered to the District Forest Officer and shall be disposed of in accordance with the direction of the Director. (6) Where any thing seized under this Act is of a perishable nature or is subject to speedy and natural decay or where the custody of such thing involves un reasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Director may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section. 95. No person shall in any proceedings before any court in respect of the seizure of any thing seized in the exercise or the purported exercise of the powers con ferred under this Act be entitled to the costs of such NATIONAL FORESTRY (Pt. VIII, S. 95-98] 49 proceedings or to any damages or other relief other than an order for the return of such thing or the payment of their value unless such seizure was made without reason able or probable cause. Chapter 3-Miscellaneous 96. (1) For the purposes of this Act, any forest officer Forest may enter and inspect any part of any conversion plant ~::~~:JY or its appurtenances or any premises upon or in which inspect. f d . d k d . conversion orest pro uce 1s store or ept an may require any plant, etc. person in charge or control of the plant or premises to render him such assistance as he may require for the purposes of inspection. (2) Any person who impedes or obstructs any forest officer exercising his powers under subsection (]) or who refuses to render such assistance as is required by such officer, shall be guilty of an offence and shall on con~ viction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 97. (I) The Director may for reasons of silviculture or Diritor for any other reasons that the State Authority may :riai:r approve, without prejudice to existing rights, prohibit rcas;:\ th or restrict the taking of any forest produce by any r:kin1g ~f e particular person or class of persons within any specified for~~ce. area for such time as he may consider necessary. pr (2) Any person who fails to comply with any pro hibition or restriction imposed by the Director under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 98. (I) Notwithst.anding any other written law to the Direc\or contrary, the Director may prohibit the use of any ~~~:~c watercourse in a permanent reserved forest or of any :!rest forest road. (2) Any person who fails to comply with any pro hibition imposed by the Director under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. (Pt. VIII, S. 98-101) 50 ACT 313 Authority cards. Fumishina ofinforma.• tion to forest officer. Compound ing of offences. (3) In this section, "watercourse" means any access by river. 99. (1) Every forest officer when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Director may direct to be carried by such officer. (2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any forest officer acting or purporting to act under this Act if such officer ref uses to declare his office and produce his authority card on demand being made by such person. 100. A forest officer may require any person in posses sion, custody or control, or engaged in the taldng, removal, conversion or trading of any forest produce or in charge or control of a conversion plant, to furnish him with such information or document which, .in his opinion, is necessary for the exercise of his powers or the performance of his duties under, or the enforcement of the provisions of, this Act, and any person so required who, without reasonable excuse, fails or refuses to submit the required information or document to the officer or who, in submitting any required information, knowingly or recklessly makes any statement that is false in any material particular or who, with intent to deceive, submits a document that is false in any material particular, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 101. (l) The Director may compound any offence under this Act (except any offence under section 86 or 107) by accepting from any person reasonably suspected of having committed a forest offence (a) a sum of money not exceeding two thousand ringgit; or (b) where the maximum fine provided for the offence under this Act is less than two thousand ringgit, a sum of money not exceeding the maximum fine. NATIONAL FORESTRY (Pt. VIII-IX, S. 101-102) 51 (2) Where the offence suspected of having been committed involves the taking of forest produce, the Director may, if he thinks fit, in addition to the amount payable under subsection ( 1), require such person to pay the value of such forest produce as well as the value of any other thing seized in connection with such offence, as determined by the Director. (3) Notwithstanding section 94, on payment of the amount payable under subsections (1) and (2), the person reasonably suspected of having committed an offence, if in custody, shall be discharged and the forest produce and any other thing seized shall be released without any further proceedings. PART IX MISCELLANEOUS 102. (l) In this section, "notice" includes any notifica- Se:ryice of . . th d t th notices. t1on, assessment, mstrument or o er ocumen au o rized or required by this Act to be served on any person or body. (2) A notice may be served on a person or body for the purposes of this Act (a) by delivering the notice to the person; (b) by delivering the notice (i) at the person's usual or last known place of abode or business, to his servant or to an adult member of his family; or {ii) at the body's registered or usual or last known place of business, to its servant or agent; (c) by leaving the notice in a cover addressed to the person or body (i) at the person's usual or last known abode or place of business; or (ii) at the body's registered office or usual or last known place of business; or (Pt. IX, S. 102-105) 52 Acr 313 Action by and against the State Authority. Presumption that forest produce belongs to the State Authority. Certificate of the Director as to the value of forest produce, etc. (d) by sending the notice by pre-paid registered post to the person or body at an address for service given in pursuance of any provisions of this Act or, where no such address has been given (i) at the person's usual or last known abode or place of business; or (ii) at the body's registered office or usual or last known place of business. (3) A notice served by pre-paid registered post under paragraph (d) of subsection (1) shall be deemed to have been served at the time when the letter containing the notice would be delivered in the ordinary course of post; and it shall be sufficient proof of service that the letter was properly addressed in accordance with that paragraph and placed .it1 the post: Provided that, where the letter is returned through the post undelivered, the notice shall not be deemed to have been served. 103. (1) The Director may prosecute any offence, or institute any action, suit or other proceeding relating to any matter, under this Act. (2) In any prosecution, action, suit or other proceed ing to which this section applies, the Director may appear personally, or may be represented by any Federal Counsel, State Legal Adviser, advocate and solicitor or forest officer. 104. When in any proceedings taken under this Act or in consequence of anything done under this Act a ques tion arises as to whether any forest produce is the property of the State Authority, such produce shall be deemed to be the property of the State Authority unless the contrary is proved. 105. (1) In any proceedings under this Act a certificate signed by the Director stating (a) the value of any forest produce; (b) the amount of royalty, premium, cess and other charges payable in respect of any forest pro duce; NATIONAL FORESTRY (Pt. IX, S. 105-108) 53 (c) the sum payable to the State Authority under subsection (2) of section 24; (cl) the costs of repairing any damage caused by an offender, shall be admissible in evidence and it shall be evidence of its contents, including the facts stated therein, with out proof of the signature to such certificate. (2) The provisions of this section shall apply notwith standing anything contained in any other written law or rule of evidence to the contrary. 106. No action or prosecution shall be brought, Protection instituted or maintained in any court against any forest ~~r;r~t officer or police officer either personally or in his official police' capacity for Or On account Of Of in respect of any act ~re:rs and ordered or done by him or purporting to have been persons. ordered or done by him for the purpose of carrying into effect this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purporting to have been done by him under order, direction or instruction of any forest officer or police officer given for any such purpose as aforesaid : Provided that the act of such officer or person was done in good faith and in the reasonable belief that it was necessary for the purpose intended to be served thereby. 107. Whoever, in purported exercise of the powers Abuseof under this Act, vexatiously and unnecessarily seizes. or power. detains any forest produce, conveyance, books, docu ments or other things shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 108. AU money, other than fines or money recoverable Recovery of as a fin~ payable to the State Authority under this Act :~i:Yst:t! may be recovered by the State Authority by civil pro- Authority. ceedings as a debt due to the State Authority. [Pt. IX, S. 109-111] 54 ACT 313 Offences committed by corpora tions. Offences committed by partner, servant or agent. Rules. 109. Where a person charged with an offence under this Act is a body corporate, every person who, at the time of the commission of such offence, is a director or officer of that body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of the offence unless he proves that the offence was committed without his knowledge or that h~ t?ok reasonable precautions to prevent its com m1ss1on. 110. Any person who would have been liable to any penalty for anything done or committed if the thing had been done or committed by him personally shall be liable to the same penalty if the thing has been done or committed by his partner, agent or servant, unless he proves that he took reasonable precautions to pre vent the doing or commission of such thing. 111. (1) The State Authority may make rules to carry out the objects and purposes of this Act. (2) In particular and without prejudice to the generality of subsection (l), such rules may (a) define and determine the number and extent of forest administrative and management divisions, units or sections; (b) regulate or prohibit the kindling of fire on State land and alienated lands immediately adjoining any permanent reserved forest and prescribe the precautions and actions to be taken to prevent the spreading of fires; (c) regulate or prohibit the felling, cutting, ringing, marking, lopping, tapping or injuring by fire or otherwise, of any tree or timber, the re moval of timber, and the collection and re moval of other forest produce generally; (d) regulate the free grant or the grant at reduced rates for forest produce; (e) regulate the methods to be employed by the licensee in taking forest produce on and from a licence area and all activities connected there with including the precautions to be taken for the prevention and spread of fires; NATIONAL FORESTRY (Pt. IX, S. 111) 55 (f) prohibit any dealings in specified kinds of forest produce; (g) prescribe the place, routes, the mode and man ner by which forest produce may be brought into, taken out of or moved within the State; (h) prohibit the collection or removal of forest produce without a removal pass and to provide for the issue, production and return of such passes; (i) in the case of timber formed into a raft or fastened to the foreshore or any river bank, prohibit the loosening or setting adrift of such timber by any person not the owner thereof or not acting on behalf of the State Authority; (J) provide for the stoppage, reporting, examina tion and marking of forest produce in transit; (k) establish checking stations to which forest pro duce is to be brought by the person in charge of it for examination or for the realization of money due to the State Authority in respect thereof or in order that a mark may be affixed thereto for the purposes of this Act, and pre scribe the conditions under which forest pro duce is to be brought to, detained at, and re moved from, such checking stations; (/) provide for the management and control of such checking stations; (m) prescribe the methods of measuring forest pro duce for the purpose of assessing royalty, pre mium, -cess or other charges payable under this Act; (n) regulate the possession of marking hammers or other implements used for marking timber; (o) regulate the use of property marks and pre scribe the procedure and the fee payable for the registration of such marks; [Pt. IX-X, S. 111-112) 56 Acr 313 Repeal of existing laws. (p) generally prescribe fees and other payments payable under this Act and the manner for collecting and disbursing such fees; (q) prescribe forms to be used for the purposes of this Act; (r) regulate the manner and standards of construe• tion of forest roads and their use and their control; (s) prescribe the rules and the manner for the multiple use of the forests; (t) provide for matters relating to the issue of licences, minor licences, use permits, removal licences, road permits and entry permits; (u) prescribe fees payable in respect of licences, minor licences, use permits, removal licences, road permits and entry permits; (v) prescribe the penalties with which the contra vention of any rules made under this section shall be punishable provided such penalties shall not exceed those prescribed by section 87; (w) in so far as they do not fall within any of the preceding paragraphs, provide for all proce dural and other matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (3) Any rules made under this section may provide that any specified rule or rules shall not apply to any particular class of forest produce or to any particular part of the State. PART X REPEALS. TRANSITIONAL PROVISIONS, ETC. 112. Upon the coming into force of this Act in a State, the existing Forest Enactment applicable to that State as specified in the Fourth Schedule is repealed. NATIONAL FORESTRY (Pt. X, S. 113-117) 57 113. Nothing in this Act shall affect the past operation Savings. of, or anything done under, any previous forest law, or so far as they relate to forestry, the provisions of any other law passed before the commencement of this Act: Provided that (a) any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall be subject to the provisions of this Act; (b) any privileges conceded or rights admitted in any Gazette notification constituting a reserved forest under any previous forest law existing at the commencement of this Act, unless sooner revoked by the State Authority, shall cease after a period of one year from the date of coming into force of this Act. 114. (1) In its application to the Federal Territory of ¥odifica• Kuala Lumpur, this Act shall be subject to the modifi- ~:f~t cations set out in the Fifth Schedule. Territory of Kuala (2) The Minister may, from time to time by order, Lumpur. amend the Fifth Schedule. 115. Any person who, immediately before the com- Transitional mencement of this Act, was holding any office to which P~~:is:~ appointments may be made under section 3 shall ~ officers. continue in that office and be deemed for the purposes of this Act to ha\l'e been so appointed. 116. The State Authority may by rules make such Powcrof provisions as it considers necessary or expedient for the ~::mty purpose of removing any difficulties occasioned by the to ~ke coming into force of this Act, any such rule may be =~!~ made so as to have effect as from the commencement provisions, of this Act. · etc. 117. Any rules, order, regulations, direction, notice or Tran~i~ionat notification made, given or issued before the com- ~VLSi.:°'pc:ct mencement of this Act under any previous forest law to rules, shall, if it could have been made, given or issued under orders, etc. any corresponding provisions of this Act, continue in force, and have the like effect, as if it had been so made, given or., as the case may be, issued. [1st Sch., Fonn lJ 58 ACT 313 FIRST SCHEDULE (Se.ction 2 ( 1)) NATIONAL FORESTRY ACT 1984 FORM 1 (Section 21 (3)) lrcsNCB No ............................. . LICENCE TO TAKE FORF.ST PRODUCE ....................................... (hereinafter caJJed the "licensee") is permitted, either personally or through his servants or agents, to take or remove in and from the area or areas defined in Schedule A of this licence (hereinafter called the "licence area") or in such portion or portions of the licence area as may from time ·to time be specified in the said Schedule A, the forest produce described in Schedule B of this licence for the period or periods specified in Schedule C of this licence. subject to the conditions hereinafter appearing (which may from time to time be modified by the State Director of Forestry) and to the provisions of the Act and any rules made thereunder. except in so far as the rules are inconsistent with the provisions of this licence. 1. The licensee shall appoint and place in charge of all operations carried on under this licence a foreman conversant in Bahasa Malaysia and the name and identity card number of every foreman so appointed shall he communicated in writing to the District Forest Officer by the licensee. 2. The foreman shall regularly supervise all work carried on in the licence area and shall, on reasonable notice being given, accompany any Forest Officer inspecting the operations carried on under this licence. Instructions given to a foreman by the District Forest Officer or his authorized represen•tative shall be deemed to have been given to, and shall be binding on, the licensee. 3. The licensee shall submit to the District Forest Officer a list containing the names and identity card numbers of all persons employed in the licence area. 4. The licensee shall pay a deposit of ............ ringgit to the Director: and the Director may withdraw from the deposit and credit to forest revenue any sum due pursuant to the Act or under the terms of this licence and may prohibit the cutting or removal of forest produce in and from the licence area until an equivalent sum has been re-deposited. The Dire.:tor may, whenever he con siders it necessary to do so, require the licensee to forthwith deposit an additional sum of money, or provide a new deposit to replace the deposit previously made. S. The licensee shall pay royalty on all forest produce taken or removed from the licence area at the rates prescribed in Schedule D of this licence. Payments of royalty in respect of forest produce (1st Sch., Form lJ NATIONAL FORESTRY 59 removed during any calendar month shall, unless otherwise specified by the Director in writing. be paid not later than the ............ day of the following month; provided that if at any time the sum due from the licensee whether by way of royalty, compensation or on any other account, shall equal or exceed half the amount of his deposit made under clause 4, the Director may call upon the licensee for immediate payment of the sum due and may prohibit further taking or removal of forest produce until such sum has been paid. 6. The licensee shall make a lump sum payment or payments in addition to royalty as prescribed in Schedule D. In the event of failure by the licensee ~o make any such payment by the due date as prescribed in that Schedule, the Director may prohibit further taking or removal of forest produce until the sum due has been paid. 7. Unless otherwise authorized by the Director, •the licensee shaU fell all trees marked for felling under this licence, and all such trees shall be CU¢ between the upper and lower blaze and in such a manner that the lower blaze and the mark impressed thereon shall remain intact on the stump. and all trees which the licensee is required or entitled to fell under this licence shall be felled care fully attd in such a manner as will cause the least possible damage to other trees and young growth. 8. The licensee shall convert all trees relled by him under this licence immediately after felling and without avoidable waste and shall remove the converted material from the licence area without unnecessary delay. The District-Forest .Officer or his authorized representative may pcohibit further feLling until the trees already felled have in his opinion been properly converted and adequate arrangements made by the licensee for removal of the converted material. 9. The licensee shall comply with such instructions as may be issued by the District Forest Officer regarding the place and manner of stacking or storage of any forest produce taken or removed under this licence and the District Forest Officer or his authorized representative may at any time prohibit further felling pending such compliance. 10. The District Forest Officer may direct that forest produce removed from the licence area shall be taken for check and measurement to such place or places as he may from time to time specify, and the District Fores-t Officer oc his authorized representative may refuse to issue a removal pass for produce taken to any other place, for check and measurement. 11. The Director may direct that all logs. « a percentage of the logs, cut under this licence shall be taken for conversion to licensee's conversion plant or to any other conversion plant 12. Unless othenvise awthorized from time to time by the District Forest Officer. the licensee shall maintain the minimum/maximum monthly output presaibed in Sub-head 3 of Schedule B. (lit Sch., Form 1) 60 Acr 313 13. The licensee shall clear the boundaries of the licence area to the satisfaction of the District Forest Officer and shall at all times keep them clean and free from obstruction and shall immediately remove any obstruction resulting from or occasioned by operations undertaken under this licence to the boundaries. or to any road or path made or maintained by the Forest Department. or to any watercourse in or adjacent to the licence area. 14. Unless otherwise authorized by the District Forest Officer, the licensee shall not use for the transport of forest produce any road or path made or maintained by the Forest Department and, in the event of such use being authorized. shall maintain the road or path and its drains and side-tables to the satisfaction of the District Forest Officer. 15. (a) Except as required by the Act, the licensee shall not construct any new extraction road or tramway, nor remove any tramway or part of a tramway so constructed, without the per mission in writing of the District Forest Officer. (b) In order to minimise the danger of erosion, the drainage of all extraction lines constructed by the licensee shall be carried out and maintained in accordance with the instructions of the District Forest Officer who may at any time close any extraction line until the necessary works have been carried out. 16. The licensee shall not clear any land for any purpose, nor construct any building, without the permission in writing of the District Forest Officer. 17. The Director may forfeit the deposit up to an amount of one thousand ringgit for each contravention of clause 13, 14, 15 or 16. 18. In the event this licence is suspended or revoked by the Director in accordance with the provisions of the Act the licensee shall have no claim to the rotum of any money paid to or deposited with the State Authority, nor to any damages on account of such suspension or revocation, nor to any forest produce remaining within the licence area and the ownership of any forest produce so remaining shall vest in the State Authority free from all en cumbrances. The Director or any officer authorized by him in that regard may prohibit the taking or removal of forest produce until the licensee has complied with the conditions of this licence and such prohibition shall be additional to any other penalty provided in this licence or in the Act or any rules made thereunder. ADDITIONAL CONDITIONS Licence No ......................... . S.F.O. No .......................... . D.F.O. No .......................... . Name of licensee ............................................................... . NATIONAL FORESTRY ScHBDULE A DEFINITION OF FELLING AREA [1st Sch., Form lJ 61 * State land ............................................................... .. • Permanent Reserved Forest.. .......................... Compart ment/Subcompartment• as shown in the plan overleaf. Fellings must be confined to the portions (if any) authorized below or to such portion as may be notified to the licensee, from time to time, by the District Forest Officer. Portion Date from which felling is approved Initial of Director Portion Date from which felling i• ai,prnnd rnitial of Director A B :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::1 C D Subhead 1 Subhead 2 Subhead 3 • Delete whichever is not applicable,. ScHBoULB B DESCRIPTION OF PRODUCE All trees hammer-marked by or with the authority of the District Forest Officer with any of the following marks: P.H.D ........... P.H.D .......... P.H.D ........ . All trees or poles of species not included in Schedule F of this licence (overleaf) and of girth of less than ........................... metres measured at a height nf 1.3 metres from the ground on the side of the tree on which the ground is highest. Minimum/Maximum• monthly output of • Delete whichever is not applicable. ScHBDUU! C PERIODS DURING WHICH THE LICENCE IS VALID From To Initial of Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ . ····················· ····················· ·········································· ····················· ····················· ·····································•···· ......... ······...... . . . . . . . . . . . . . . . . . . . . . . ........................................ . (1st Sch., Form 11 62 ACT 313 SCKEDULE 0 PAYMENTS DUE UNDER CLAUSES 4 AND 5 Subhead 1 Subhead 2 Subhead 3 Subhead 4 Subhead 5 Royalty at.. ......................... per centum of the rates prescribed from time to time by the royalty rate list for similar produce from State land for each class of produce. $ ..••...••.•....•... ( ..................... ringgit) for the whole duration of the licence payable in instalments on the following dates: $ ............... ( .................. ringgit) monthly during the currency of this licence payable on the ................................... day of each month commencing from ........................ . $ ......•............ ( ....•..............•. ringgit) for each tree marked payable on demand. $ ................ ( .................. ringgit) deposit. SamoULE E PLACE TO WHICH FOREST PRODUCE IS TO BE TAKEN FOR CHECK AND MEASUREMENT All forest produce removed from the licence area shall be taken for .check and measure1I1Cnt to ............•................................... ....... ......... ..... ...... .. . ..... ... .. . . . ... . ... . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . SamoULB F SPECIES NOT TO BE FELLED UNDER SCHEDULE B, SUBHEAD 2 Balau Red Balau Bitis Chengal Dedaru Giam Keranji Merbau Resak Tembusu Kapur Kasai Kelat Keledang Kempas Keruing Kulim Perupok Punah Rengas Simpoh Tualang Bintangor Durian Geronggang Jelutong Kedondong Kungkur Machang Medang Melawis Melunak Mempisang Mengkulang PLAN OF FELLING A REA Meranti (all species) Merawan Mersawa Nyatoh Penarahan Pulai Ramin Sepetir Sesendok Terap Terentang NATIONAL FORESTRY NATIONAL FORESTRY ACT 1984 FORM 2 (Section 25) (1st Sch., Form ZJ 63 No ................................... . ORDER TO CEASE FOREST OPERATIONS To ................................................................................................. . I, ...................................................... Director of Forestry, State of ................................................... , in exercise of the powers vested in me under section 25 (1) of the National Forestry Act 1984, do hereby order you, ............................................. . ...................................................................................... of your servants and agents to immediately cease all forest operations in your licence area/in the following part(s) of your licence area• herein described: ............................................................... . ... . .. . . .. . . .. . .. . . . . .. .. .. . . . .... ... Director of Forestry State of ........................ .. I>ate .................................... . Reference No ........................ . NoTE: You are hereby informed that under section 2S (2), any person who fails to comply with this . notice shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both such fine and imprisonment: and if the offence is a continuing one, to a further fine of not exceeding three hundred ringgit for every day or part of a day during which the offence has continued. [1st Sch,, Form 2-3] 64 Acr 313 Acknowledgement of Service I. ........................................ .. (N.R.I.C. No ..................•..... } of. ....................................................................... do hereby acknowledge receipt of this notice served on me on .................... . SigJlllture .............................. . Name .......................• , .......... . Position ................................ . • Delete whichever ls not applicable. NATIONAL FORESTRY ACT 1984 FoRM 3 (Section 30 (4)) MINOR LICENCE No ....................... . Not transferable MINOR LICENCE Encik / Syarikat • ...................•.............................................. (N.R.I.C. No ......................... ) of .•...........................•.......... ··················· .. ··································································· and his/their servants and agents are permitted to take from • (1) Sta.te land tstate a•reaJ ........................................... .. ................................................................................................................................................ ............................................................................................................................................... • (2) Permanent Reserved Forest (state area) ..................... . as shown in red on the plan at the back of this licence the following forest produce : ··········································· .. ··········· .................................. . ························ ........... •--························· .......................... ~ ............................................ •--···························••'-••················ subject to the following conditions: CONDITIONS ·························· .. ··········•• ...................................................... . ······························· .. ········ ................................................ . ......................................................................................... ·••·••··· ................................................................................. ... [1st Sch., Form 3-4) NATIONAL FORESTRY 65 This licence is valid from ......................... to ........................ . Fee$ ................................... . Receipt No ........................... . Date .................................... . Reference No ....................... .. Director of Forestry State of ......................... . • Delete whichever is nor applicable. PLAN OF AREA NATIONAL FORESTRY ACT 1984 FORM 4 (Section 36 (4)) UsB PERMIT No ....................... . Not transferable USE PERM:IT This use permit authorizes Encik/Syarik:at• ............................. . (N.R.I.C. No ....................... ) of ......................................... . and -bis/ their servants or agents • (1) to occupy Compartment/Subcompartment• No ........... .. of .................. Permanent Reserved Forest, the relevant area being described or/and• delineated on the plan at the back of this permit, for the following purposes: ........ . • (2) to carry out the following activities: .......................... . ... . . . . . . . .. . . . . . . . . . ... . ............... .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . {bt Sch., Form 4) 66 Acr 313 upon Compartment/Subcompartment• No ................. of ............................................................. Permanent Reserved Forest. the relevant area being described or/ and• delineated on the plan at the back of this permit. subject to the conditions herein specified and to the provisions of the National Forestry Act 1984. CONDITIONS (1) The land may be used only for the purposes or activities stated in this permit. (2) The maximum number of persons to be employed shall be. ................................................. . (3) The holder of the permit shall submit to the Director a list of names (together with their N.R.I.C. numbers) of all persons employed and no changes shall be made to this list without the prior approval of the Director. ADDITIONAL CONDITIONS ·········· .. ··········· .. ······················· .............................. " ............ . . . . ... ... . . . ..... .. ,. ............. " ................................... " .................... , . This use permit is valid from .............................................. . Fee$ ................................... . Receipt No •........................... Date of issue ......................... . Reference No ........................ . Director of Forestry State of ......................... . • Delete whlcbevec- is raot applicable. PLAN OF AREA NATIONAL FORESTRY NATIONAL FORF.SfRY ACT 1984 FORM 5 (Section 43 (3)) (1st Sch., Form SJ 67 RBMOVAL LICBNCE No .................... . Not transferable REMOVAL LICENCE This removal licence authorizes Encik/Syarikat• ....................... . . . . . . . . . . . .. .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. (N.R.I.C. No ................. . ........................ ) of .......................................................... . and his/their servants or agents to remove forest produoe from the following alienated land/reserved land/mining land/land under temporary occupation licence• ............................................... . subject to the following conditions: CONDITIONS (a) Type of forest produce ............................................. .. (b) Quantity ................................................................. . (c) Royalty rate ........................................................... . (d) AU forest produce shall be taken to the following forest checking station for measurement and payment of royalty assessed •••...••••..••.....••....••••.••••••••.•••.•..•••••••••........••• A.DDITIONA.L CONDITIONS ········ .................................................................................... . This removal licence is valid from ......................................... . to ........................................ . Fee$ ................................... . Receipt No ........................... . Date •.................................... ···································· Director of Forestry State of ..............•............ [ht Sch., Form 5-6} 68 ACT 313 OFFICIAL USE ONLY Date of issue ..................................................................... . Reference No .................................................................... . Name of proprietor/co-proprietors/lease holder, et.c.*; ....................................................................................... Alienated Land* i GrantfQ.T./C.T. No .............................. . Reserved Land* · Lot No .................. Mukim .................... . Mining Land* District. .............................................. . Temporary Mining Lease No ................................... . ~cupation Temporary Occupation Licence No ........... . Licence* J Other authorizatioo ....................... • • • •. • •· • Valid from ..................... to ................... . Documents examined by ...................................................... . Date ...................................... . • Delete whichever Is not apPlicablc. NATIONAL FORESTRY ACT 1984 FORM 6 (Section 47 (3)) ENTRY PERMIT No .......................... . PERMIT TO ENTER PERMANENT RESERVED FOREST Encik/Syarikat* ................................................................ .. (N.R.I.C. No ................................. ) and his/their servants and agents hereby named ........................................................... . are permitted to enter the part of ......................................... . Permanent Reserved Forest shown in red on the plan a.t the back of this permit for the following purposes : and subject to the foltowing conditions: NATIONAL FORESTRY [1st Sch., Form 6,,7) 69 This permit is valid from ........................ to .......................... . Fee$ ................................... . Receipt No .......................... .. Date ..................................... . Reference No ....................... . ········•!"••························· Authorized ForestOfficer State of ......•................•.. • Delete whichever Is nnt apPlicable. PLAN OF AREA NATIONAL FORESTRY ACT 1984 FORM 7 (Section 50 (2)) ROAD PERMIT No ....................... . ROAD PERMIT This road permit authorizes Encik/Syarikat* .......................... . ........ .. . .. . . . .. . . . .. . . .. .... ..........•.... ..... ......••.........•.....• (N'.R.l.C. No ............................... ) of .............. •···················••111••·········· ........••••.•...........•.... and his servants and agents to traverse the following forest roads shown in red on the plan et tho back of this permit subject to the following conditions: CONDITIONS (a) Class of vehicles permitted ......................................... . (b) The holder of this pennit shall P.81: a toll of .....••........... . .... ..... .. . . .... .. . . . .. .. ... ringgit/vehicle loact/metric ton• to Encik / Syarikat• ...................................................... . ADDITIONAL CONDITIONS ......... ~- ................................................................... . . . . . . " ......................................................................... ~. This road permit is valid from ...................... to ..................... . Fee$ .................................. . Receipt No ........................... . Date .................................... . Director of Forestry State of ......................... . • Delete whichever b noc •PPUc:abfe. PLAN OF ROADS list Sch., Form 8) 70 ACT 313 NATIONAL FORESIRY ACT 1984 FORM 8 (Section 70 (2)) REMOVAL PAss No ................................... . PASS FOR THE REMOVAL OF FOREST PRODUCE This pass permits E.neik/Syari]ca.t• ......................................... . (N.R.I.C. No ......................... ) of ....................................... . .......................................... to remove past the forest checking station at ............................................................................. . the forest produce hereunder described which has been taken under licence/minor licence/use permit• No ................................... . and belongs to ................................................................... . Cubic Metres Kind of Number or Len1th Mean produce Quantity (metres) Diameter Deductions for Volume on Total (centimetres) Volume hollowness, etc. wbicb royalty is paid Conveyance Registration No ............................... . I>estination ..................................................... . Date ................................................................... . Authorized Forest Offecer • Delete whichever is not applicable. This pass must be kept by the driver of the conveyanoc or person in charge of the forest produce. NATIONAL FORESTRY SECOND ScliBDULB (Section 2 (1)) PART A...; MAJOR FOREST' PRODUCE Major forest produce shall comprise the following: (a) Round timber (b) Pol~ (c) Fuelwood (d) Charcoal (e) Rattan of the ma.oau and sega species. PART B-MINOR FOREST PRODUCE 71 Minor forest produce shall comprise all other forest produce not included as major forest produce. THIRD SCHEDULB (Section 60) FOREST DEVELOPMENT CESS Forest Produce All major forest produce of the following description: (a) Round timber ... (b) Converted timber (c) Poles (d) Fuelwood (e) Charcoe1 (/) Rattan of man.au and sega species Rate of Cesa $2.80 per cubic metre $S.60 per cubic metre 10 percent of royalty 10 percent of royalty 10 percent of roy,Jty IO percent of royalty FOURTH ScHEDULE (Section 112) ENACTMENT F.M.S. Forest Enactment 1934 Cap. 153 Johor Forest Enactment .. . Kedah Forest Enactment .. . Kelantan Forest Enactment Perlis Forest Enactment ... S.S. Forest Ord.inance Sabah Forest Enactment 1968 Sarawak Forest Ordinance Trengganu Forest Enactment J. En. No. 58 K. En. 15/ 1357 Kn. En. 4 I 1939 Ps. En. 3/ 1370 Cap. 147 Sabah En. 2 I 68 Sarawak Cap. 126 Tr. No. 44 I 1356 (5th Sch.J 72 I i Acr 313 FlFTH ScffBDULB i (Section 114) MODIFickTioNs FOR THE FEDERAL TERRITORY OF ! KUALA LUMPUR ' (l) i (2) Provisions I Modifications The whole (e~cept 1. References to State Authority shall be where it is expr~essly construed as references to Federal Govern otherwise pro ided ment. hereinafter) Section 2 Section 3 Section 4 2. References to State land shall be con strued as references to Federal land. I. Substitute for the definition of "Director" the following : ' "Director" means the Director of Forestry for the Federal Territory of Kuala Lumpur and includes the Deputy Director of Forestry for the Federal Territory of Kuala Lumpur;•. 2. Delete the words "or State" from the definition of "forest road". Substitute for section 3 the following: ;,,":f:!stmeaJ. 3. (1) For the purposes of this · Act. the Ministor may appoint a Director of Forestry for the Federal Territory of Kuala Lumpur and so many Deputy DiTectors of Forestry for the Federal Territory of Kuala Lumpur and Assistant Directors of Forestry for the Federal Territory of Kuala Lumpur. and other officers as may be neces• sary. (2) The appointment of the Director of Forestry for the Federal Territory of Kuala Lumpur. Deputy Director of Forestry for the Federal Terri tory of Kuala Lumpur and Assistant Director of Forestry for the Federal Territory of Kuala Lumpur shall be published in the Gazette.'.'. I. The references to the State Authority or State Financial Authority shall be construed as references to the Minister. 2. The reference to the State Forestry Department shall be construed as referen<:e to the Department of Forestry for the Federal Territory of Kuala Lumpur. (1) Provisions Section S Section 6 Section 7 Section 9 Section 10 Section 11 Section 12 Section 13 Section 16 Section 18 Section 19 Section 20 Section 22 Section 27 (4) Section 28 Section 29 Section 33 Section 34 ATIONAL FORESTRY (2) Modifications 15th Sch,) 73 The reference to the Assistant District Forest Officer shall be construed as reference to the Assistant Director of Forestry for the Federal Territory of Kuala Lumpur. The reference to the State Authority shall be construed as reference to the Minister. The reference to the State Authority shall be construed as reference to the Minister. The reference to the State Authority which appears for the first time shall be construed as reference to the Minister. 1 1 1. The references to the State Authority shall be construed as references to the Minister. !2. Item (k) of subsection (1) shall have no !application. !The references to the State Authority shall be construed as references to the Minister. The references to the State Authority shall be construed as references to the Minister. The reference to the State Authority shall be construed as reference to the Minister. The reference to the State Authority shall 1be construed as reference to the Minister. I h . !The references to t e State Authority shall !be construed as references to the Minister. fine reference to the State Authority shall lbe construed as reference to the Minister. ! iThe reference to the State Authority shall jbe construed as reference to the Minister. 1 1 1 The reference to the State Authority shall ,be construed as reference to the Minister. iThe reference to the State Authority shall !be construed as reference to the Minister. iToe reference to the State Authority shall !be con&trued as reference to the Minister. !The references to the State Authority &hall !be construed as references to the M'mister. !The reference to the State Authority shall ibe construed as reference to the Mimster. rrhe references to the State Authority shall ibe construed as ref ere noes to the Minister. I (5th Sch.) 74 (I) Provisions Section 40 (3) Section 41 Section 42 Section 56 Section 57 (1) Section 59 Section 60 (2) Section 61 Section 62 Section 77 (l) ACT 313 (2) Modifications The reference to the St.ate Authority shall be construed as reference to the Minister. The reference to the State Authority shall be construed as reference to the Minister. The reference to the State Authority shall be construed as reference to the Minister. 1. The reference to the State Authority shall be construed as reference to the Minister. 2. Substitute for subsection (2) the following: "(2) The Fund shall be administered by a committee to be known as the "Forest Development Fund Committee" (herein after referred to as the "Committee") consisting of (a) the Secretary General of the Ministry responsible for forestry as Chairman; (b) a representative of the Treasury appointed by the Minister; and (c) the Director.". Substitute for the words "The State Legis lative Assembly'' the word "Parliament". I. · The reference to the State Authority in subsection (3) shall be construed as reference to the Minister. 2. Substitute for subsection (4) the following: "(4) The Minister shall cause a copy of the statement and observations trans mitted to him under subsection (3) to be laid before the Dewan Rakyat.". The reference to the State Authority shall be construed as reference to the Minister. The refer.enc.e to the State Authority which appears for the second time shall be con strued as reference to the Minister. The references to the State Authority shall be construed as references to the Minister. Substitute for the words "State Forest Office, District Forest Office and District Land Office." the words "Federal Territory of Kuala Lumpur Forest Office." (1) Provisions Section 80 (2) Section 88 (3) ... Section 90 (I) ... Section 94 Section 97 Section 103 (2) ... Section 11 l (l) and (2) (i) Section 113 Section 116 [5th Sch.) 75 N~TIONAL FORESTRY I <2> J . Modifications he reference to the State Consolidated ulld shall be construed as reference to ederal Consolidated Fund. he reference to Assistant District Forest fficer shall be construed as reference to the ssistant Director of Forestry for the Federal erritory of Kuala Lumpur. he reference to Assistant District Forest fficer shall be construed as reference to the ssistant Director of Forestry for the Federal errit-0ry of Kuala Lumpur. ~ he references to the District Forest Officer all be construed as ref er-ences to the ssistant Director of Forestry for the Federal erritory of Kuala Lumpur. f e reference to the State Authority shall construed as reference to the Minister. , lete the words "State Legal Adviser". ~he references to the State Authority shall hF construed as references to the Minister. ~he reference to the State Authority shall. ~ construed as reference to the Miruster. ~he reference to the State Authority shall hf construed as reference to the Minister. DICffAX OU!H HAJJ lllil<HT.ut SHAMSUDDIN, ,.s.D., s.11.r., IC.111.H., P.1.s .• Kl!TIJA PENG,UAH PEaCl!TAkAH NEO.utA, KUALA LUlaUll DENOAN PEalNTAH PADA 31KB DISIBlllUII 1!184 I Barga: S3