Tunku Abdul Rahman National Park Regulations, 1974 (No. S 23)

STATE OF SABAH SECOND SCPPLEMENT TO THE GOVERNMENT GAZETTE Published by Authority Vol. XXIXJ KOTA KJNARALU. THURSDAY. JULY ~5. 1974 [No. S lfi No. S 23 1HE NATIONAL PARKS ORDINANCE, 1962 (Ordinance No. 5 of 1962) THE TGNKC ABDUL RAHMAN N . .\TIONAL PARK REGUI.ATIO~S. 1974 In exi;:rcise of the powers conferred upon the Board of Trustees under section 27 of the National Parks Ordinance, 1962. the following Regulations are hereby made with the approval of the Minister I. These Regulations may be cited as the Tunku Abdul Rahman National Park, Regulations, 1974. 2. ln these Regulations (a) ''National Park'' ml.!ans the Tunku Abdul Rahman ~ational Park constituted under section 3 of the National Parks Ordinance, 1962. (b) "Board" means the Sabah National Parks Boai<l of Trustees established under section 17 of the National Parks Ordin ance, 1962. 3. No person shall, except as provided by these Regulations. on the island of Pulau Gaya and Pulau Sapi within the National Park (a) deposit or leave ,any litter. bottle, broken glass. pottery. plastic, rubbi~h. r-::us;:; \.)f \1,aste material except in aL &rca or receptacle provided by the Board: (b) deposit or leave any mineral or mineral waste: (c) deposit, di'scharge or leave any offal, filth, dung. dead animal or any noisome. noxious, offensive or polluting sub stance matter or thing: 58 fd) play any radio, tape recorder. record player or musical instrument at a volume that will cause disturbance or an noyance to other users of the National Park. 4. ~o person shall destroy, injure, deface, mar, move, dig, harm fully di,turb or remo\·e from the National Park any beach. sand. gravel. ur min.:ral, coral, ~ea feathers or other marine in\'ertebrates, sea weed~. grasses, v.hcther dead or alive. or any soil, rock, artifact<;. stones or other materiab. 5. !',;o person ~hall cut. cane. inj•Jre, multilate. move. displace 11r break df any bottom formation or growth. 6. '-io rope. wire, chain or other contrivance shall be attached to any coral. fl)Ck or other formation. whether temporary or rerm,:nem in character or u<;e. 7. ;-..;,, dredging exca\ating or filling operations of any l-..ind ar~ permitted within the National Park and no materials of any sort ma> be depo~itcd in or on th.: waters thereof. 8. !\o person !>hall dump or deposit in or on the water of the National Park any oily liquids or wastes. acids or other deleterious chemicab. bottles, broken glass. pap.:r, boxes. dirt. rubbish. v.a~te. garbage. rduse or other debris or pnlluting substance. 9. No person shall wilfully mark, deface or injure in any way, dis place, remove or temper with any national park signs, notices. placards, whether temporary or permanent. or with any stakes. posts or other boundary markers. 10. Spear fo.hing. or the possession of spear fishing equipment within the national park is prohibited. 11. The w,e of organic or inorganic poisons. electric charges, .car bide btimbs. or any ~imilar mt!thod for the taking or killing of fish or lHher marine organisms is prohibited. 12. (a) Fishing is permitted with hook and line only, pro\ ided no more than two hooks per line are employed. (f,} \',here prior to the establishment of the national park, tradi tional indigenous fishing has been a means of livelihood. fishing by means of non static traps may be permitted pro vided that non commercial fish are returned to the sea \1,ith out harm: and provided that the fisherman is a Malaysian citizen and a bumiputra of Sabah. Such persons shall obtain a licence to fish from the Park Warden and all licences are subject to cancellation withnut notice and without reason assigned at the discretion Clf the Park Warden. (cl No person ,hall tamper in any way with the traps set t:,y authorised persons or licensed fisherman. 13. (a) No watercraft shall be operated in such a manner as to ~trike or otherwise cause damage to the natural features of the national park. (b) Except in case of emergency endangering life or property, no anchor shall be cast or dragged in such a way as to damage any reef structures. Watercraft remaining stationery over a reef area may secure themselves to buoys provided specifically for this purpose by the Board. (c) No watercraft shall operate at a speed greater than four miles per hour when in the vicinity of divers, sightseeing boats or fishermen. (d) All watercraft from which diving operations are being conducted shall fly in a conspicuous manner the Inter national Code of Signals Flag 'A', which is recognised as the international Diving Flag. No boat under power shall approach closer than one hundred yards to such a boat displaying the diving flag except at idling speed and \\ith great caution. (e) Boats anchored or proceeding at slow speed for fishing or observation shall be approached or passed at such slow speed that wake of the approaching or passing boat does not disturb the fishing or observation boats. 14. No person shall obstruct, threaten, interfere with or refuse to comply with any la\\<ful request or reasonable direction by the Park Warden, Assistant Park Warden, Senior Park Ranger, Assistant Park Ranger, or Serang. 15. No person shall, without the consent in writing of the Board or the Park Warden previously obtained and subject to such conditions as the Board may from time to time determine, within the National Park: (a) sell or attempt to sell or hire, expose for sale or hire or solicit for sale or hire any article, thing or service to any person, or conduct or cause to assist the operation of any amusement, entertainment. instruction or performance for money of any kind whatsoever; (b) carry on any scientific research work or similar activity; (c) erect any boarding, or notice, or display any commercial or political advertising matter. sign, bill or poster. (d) deviate from any existing ride, drive, road, track or trail so as to establish or assist in the establishment of any additional ride, drive, road track or trail; · (e) dam, divert or pollute the water in any stream, pond. beg. spring, tank. dam, pipe or reservoir. 16. No person in a state of intoxication ~hall enter or wmain within the national park and any peEJn tre.opassing or causing annoyance or inconvenience therein or refusing to ccmoly with any la\\.ful direction of the Park Warden, Assistant Park Warden, Senior Park Raneer. Park Ranger, Assistant Park Ranger or Serang may be removed by ~ny ~uch officer or any other officer authorised by the Park Warden in that t>ebalf. 59 17. The Board may set ~part areas . for the purpose of camping, mooring, doc6:ing, landing, accommodation and services and may impose such charges and conditions of use of such areas or the amenities affixed thereto as it may from time to time determine. 18. The Board may set apart areas for the purpose of sw:mming and other aquatic sports and may exclude water-craft from such areas. 19- No person shall erect or cause to be erected any tent or other structure er util!se any part thereof for the purpose of camping or re~idin? therein except in an area set at:>art for camping with the per mis,;ion of the Park Warden, Assistant Park Warden, Senior Park Ranger, Park Ranger, or Assistant Park Ranger and subject to such conditions and pay;n~nts as the Board may from time to time determine. 20. The Park Warden, Assistant Park Warden. Senior Park Ranger, Park Ranger or Assistant Park Ranger may order the cccupier or person responsible for or owner of any cabin, tent or struc:ur~ Within the national park to demolish and remove the same and clear the area forthwith and in default any such officer or person authorised by him in that behalf may demolish and remove the said cabin, tent or structure at the expense of the occupier or person responsible therefor or the owner thereof. 21- The Park Warden, Assistant Park Warden, Senior Park Ranger, Park Ranger or Assistant Park Ranger may impound any domestic animal found straying without lawful authority within the National Park. Such impounded animal may be released to its owner upon pay ment of such maintenance fee as may be determined by the Board for every day or rart of a <by that the an:mal has been impounded. A notice of all animals, im;,ounded shall be displayed at all National Park entrances and at the District Office of the district in which the animals were found. 22. The National Park shall be open at all times except as pro vid~ in Regulations 23. 23. The Board or the Park. Warden may close the whole or any part of the National Park for such period or periods as it or be may from time to time determine and exhibit by a notice affi."(ed or set up in a conspicuous position at or near any entrance to or within the National Park. ;'l.o person shall enter or be or remain upon or within any closed area un!ess with the consent of the Park Warden, Assistant Park Warden. Senicr Park Ranger, Park Ranger or Assistant Park Ranger. 24. All persons wishing to travel within the National Park away from any established p:ith, track, trail or road, or undertake exploration, bushwalkiog, skin diving or venture of a similar nature which may involve his safety or the safety of others must first obtain the written approval of th:! Park Warden and be subject to such conditions as are laid down in the written approval. 25. All tracks, paths, roads or ways of any description that enter or cross any part of the National Park shall be under the control of the Park Warden and he may at his descretion (a) close such tracks, paths, roads or ways; (b) control the passage or vehicles and pedestrians along such Lr;.ich. paths. roads or ways and impose such conditions as he may from time to time require for the use and enjoyment of such tracks, paths. roads or ways: (cl erect any gate or barrier which be deems neces~ary for the proper control of such tracks, paths, roads or ways. 26. Any pt!rson who contravenes any of the pro\ isions of these Regulations ~hall be guilty of an offence and shall. on com iction. be liable to a fine not exceeding the hundred d0llars. 27. (1, The Park Warden, As~istant Park \Varden. or any ctlicer authorised by the Board in writing may. if he is satisfied that any person j,, guilty of an offence under these Regulations summarily demand from such person a fine in respect ot such offence not exceeding one hundred dollar~. (21 Any rcrson from whom a tine has been demanded under this Regulation ma:, elect to admit his liability and pay such fine or dispute his liability and await prosecution, and he shall be so informed at the time by the Park Warden, Assistant Park \Varden or any officer. autho rised by the Board in wTiting. making the demand. (3) The payment forthwith. or within such time as the Park Warden, Assistant Park Warden or any officer authorised by the Board in writing may specify, of a fin.: demanded under this Regulation shall operate as a bar co any further penal proceedings against the person making such payment in respect of the offence concerned. (4) Should the person from whom a fine is demanded under this Regulation fail to pay such fine forthwith, or within the time specified, as the case.: be, such summary demand shall not in anyway relieve such person of any liability which he may have incurred or be a bar to his conviction .rnJ punishment by a competent Court in respect of the ofknce alleged. D~ltcd at Kota Kimbalu. this 13th da)- of July, 197-L D.nci,: H.""JI K.,ss1,-1 BIN Oni.\1.\,-;. Chairman. ButITd of Trustees. DICETAK DI JABATAN CETAK KERMAAN. OJ.EH OATLK HAJI NOOR ARIFFIN lOK'\IA>.;. P['.',;CETA;.. KE.RAJ . .\A:-0. SAllAH '\fALAYSlA G.P. L~O'.\L-li '00(1~-7-74 61