Forests Bill 2015 to be tabled in coming DUN sitting

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KUCHING: Forests Bill 2015 will be tabled to repeal and replace the Forests Ordinance (Chapter 126, 1958 Edition) in the coming State Legislative Assembly sitting, which will introduce heavier penalties for illegal logging and more powers for forest enforcement officers.

The new Bill seeks to “provide for the protection and management of forests in Sarawak and to regulate the taking of forest produce and for matters connected therewith, and to repeal and replace the Forests Ordinance (Chapter 126, 1958 Edition).”

According to a reliable source, the Bill which is an extension of the 1958 Ordinance also seeks to replace or repeal the previous ordinance instead of making amendments to it due to its long list of amendments and the difficulties in referring to it after the many amendments done over the years.

The new Bill is also introduced for more comprehensive monitoring of Sarawak’s forests for conservation as well as tapping its resources.

The changes introduced in the new Bill are in line with Chief Minister Datuk Patinggi Tan Sri Adenan Satem’s efforts to eradicate illegal logging and to ensure a more effective environmental conservation as well as to streamline forest management.

One of the noticeable amendments proposed in the new Bill is the legal empowerment of forestry enforcement officers to allow them to serve more effectively in combating illegal forestry practices.

The whole Section V has been dedicated to the area of enforcement where powers of enforcement officers are clearly indicated. For example, the enforcement officers are empowered by the new Bill to investigate, search and seize with or without warrant as well as to stop and search conveyances.

At the same time, there are also provisions in the new Bill protecting these forest enforcement officers where any person who “assaults, obstructs, impedes or interferes with any forest officer, police officer or public servant in the performance of his functions, shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than RM25,000 and not exceeding RM150,000 or imprisonment not exceeding seven years or to both”.

Under the new Bill, the power of director of forests is limited while that of the minister increases. The forest director used to be allowed to grant special permits (SP) such as Letter of Authorisation (LA) and Occupational Temporary License (OT), but under the new bill, SP, even under one year cannot be issued without the endorsement of the minister.

There is also tightening of rules and regulation over forest industry players where any licence holder if convicted of an offence stated by the new bill will see cancellation or suspension of licence – an additional provision.

Under the new Bill, heavy fine or imprisonment is also imposed on industry players or employees flouting the law. Under Section 105 of the new Bill, any false declaration orally or written or forgery will mean fine of RM25,000 or not exceeding RM150,000 or imprisonment not exceeding seven years or to both for an individual.

The Bill is expected to be tabled by Second Minister of Resource Planning and Environment Datuk Amar Awang Tengah Ali Hasan in the upcoming State Assembly sitting scheduled to be held from Apr 21 to 29.