Section 28D
Forest carbon activity
Notwithstanding subsection (2) of section 15, the Chief Conservator may, with the written approval of the Cabinet, issue a licence upon such terms and conditions and subject to the payment of such fees or royalties, for a specific term, to any person to carry out a forest carbon activity in any
Forest Reserve, State land or alienated land.
(2)
No licence shall be issued except to the registered proprietor of any alienated land or with the written approval of the registered proprietor thereof or his authorised representative.
(3)
A forest carbon activity licence issued under this section may be revoked, cancelled or suspended in accordance with section 24A or 24D.
(4)
Any feasibility study for forest carbon activity in any Forest Reserve, State land or alienated land whether for the regulated or voluntary market, shall obtain the written approval of the Minister subject to the terms and conditions as he thinks fit.
(5)
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and on conviction shall be liable to a fine not less than one hundred thousand ringgit and not exceeding five million ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.
(6)
Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be ordered to pay, in respect of any forest carbon activity unlawfully carried out, to the Government -
(a)
a sum not exceeding ten times the royalty, fee and other sum due;
(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.
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Interpretation