Malaysia legislation

Section 40

of NATIONAL FORESTRY ACT 1984

Section 40

(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

*five hundred thousand ringgit and to imprisonment for a term which shall not be less than one year but shall not exceed twenty years.

(2A)

Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be

*NOTE—Previously “one thousand ringgit or to imprisonment for a term not exceeding six months or to both” –see the National Forestry (Amendment) Act 1993 [Act A864].

ACT 313 32

ordered to pay, in respect of any forest produce unlawfully taken, to the State Authority—

(a)

a sum not exceeding ten times the royalty, premium and cess;

(b)

a sum not exceeding ten times the value of such forest produce; and

(c)

any other charges payable, and any sum ordered to be so paid shall be recoverable as if it were a fine so imposed.

(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 62(2)(b).

Power to permit removal of forest produce