Malaysia legislation
Section 28
Section 28
Substitution of section 41
The principal Act is amended by substituting for section 41
the following section:
Quoted provision
Section 41
(a)
declare any area or part of an area in Malaysian fisheries waters identified as an ecologically or biologically important area and which has a high conservation importance as marine park or marine reserve to—
(i)
afford special protection to the aquatic flora and fauna of such area or part thereof and to manage, protect, preserve and control the natural breeding grounds and habitat of aquatic life, with particular regard to species of rare or endangered flora and fauna;
(ii)
allow for the natural regeneration of aquatic life in such area or part thereof where such life has been depleted;
(iii)
promote scientific study research, monitoring and education in respect of such area or part thereof;
(iv)
preserve and enhance the natural state and productivity of such area or part thereof; and
(v)
regulate recreational and other activities in such area or part thereof to avoid irreversible damage to its environment;
(b)
revoke the declaration of any area or part of an area of the marine park or marine reserve, provided that such area or part of such area of the marine park or marine reserve shall be replaced by an area with the size and ecosystem equivalent to it.
Fisheries (Amendment)
(2)
For purposes of paragraph (1)(b), the Minister shall, upon the advice of the National Advisory Council for Marine Park and Marine Reserve, by order published in the Gazette, declare the replaced area as the marine park or marine reserve.
(3)
The order under subsection (2) shall be published in the Gazette together with the order under paragraph (1)(b).”.
Amendment of section 41a