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Forest Meliau Range Conservation Area Rules 2016

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Type: State Subsidiary Legislation
Status: In force
Enacted: 2016
Sections: 10

Quick answer

About this state subsidiary legislation

Forest Meliau Range Conservation Area Rules 2016 is Malaysia State Subsidiary Legislation, cited as State Subsidiary Legislation 2016 2016, currently marked in force and first recorded in 2016.

Opening note

Preamble

In exercise of the powers conferred by section 42 of the Forest Enactment 1968 [No. 2 of 1968], the Chief Minister makes the following rules: Citation and commencement

Section 1

(1)

These rules may be cited as the Forest (Meliau Range Conservation Area)

Rules 2016.

(2)

These Rules are deemed to have come into operation on 30 June 2016.

Interpretation

Section 2

In these Rules -

"Enactment" means the Forest Enactment 1968 [No. 2 of 1968];

"Forest Reserve" means the Meliau Range Forest Reserve as delineated in F.D. Map

No. 31/145B and Bukit Monkobo and Bukit Mentapok as delineated in F.D. Map No.

30/200 constituted under the Forest (Constitution of Forest Reserves and Amendment)

Enactment 1984 [No. 4 of 1984];

"Management Committee" means the Meliau Range Conservation Area Management

Committee established under rule 4.

Section 3

Application

These Rules and the privileges and conditions declared in these Rules shall apply to the Forest Reserve.

Section 4

Establishment of the Management Committee

Committee for the purpose of the Forest Reserve.

Section 5

Membership of the Management Committee

(1)

The Management Committee shall consist of the following members:

(a)

a Chairman;

(b)

the Chief Conservator if he is not appointed as a Chairman under subrule (2) or (3), or his authorised representative;

(ba) the Secretary of Natural Resources or his authorised representative;

(c)

the Permanent Secretary of the Ministry of Tourism, Culture and

Environment or his authorised representative;

(d)

the District Officer of Beluran or his authorised representative;

(e)

the Director of the Wildlife

Department or his authorised representative;

(f)

the Director of the Environment Protection Department or his authorised representative;

(g)

an authorised representative of the University Malaysia Sabah;

(h)

the Director of the TSH Resources Berhad or his authorised representative;

(i)

the Director of Sabah Biodiversity Centre or his authorized representative;

(j)

a representative from World Wide Fund for Nature (WWF) Malaysia;

and

(k)

a representative from Forever Sabah.

(2)

The Chairman of the Management Committee shall be appointed by the

Chief Minister.

(3)

Notwithstanding subrule (2), the Chief Minister may in his absolute discretion appoint such other person as he may deem fit to be the Chairman.

(4)

The Committee members may at any time and from time to time be changed by written notice to them.

Secretary of the Management Committee

Section 6

The Secretary of the Management Committee shall be appointed by the Management

Committee among person serving in the Sabah Forestry Department for such period as may be determined by the Management Committee.

Section 7

Procedure of the Management Committee

(1)

Subject to the Enactment and the Rules, the Management Committee shall have the powers to determine its own procedures.

(2)

The Management Committee shall hold a meeting at least once every six (6)

months.

(3)

The venue of meeting shall be at places to be determined by the members of the Management Committee.

(4)

The meeting of the Management Committee may be called upon fourteen

(14)

days prior written notice. Such notice may be waived by written consent of all members.

(5)

The meeting of the Management Committee may be conducted by telephone conference or any other form of instantaneous communication agreed by all members unanimously.

(6)

Each member is entitled to appoint his proxy to attend any meeting of the

Management Committee by completing and returning to the Management Committee the proxy form to be attach to the notice for meeting within the time period stipulated in the relevant notice.

Management objectives and role of the Management Committee

Section 8

(1)

The management objectives of the Forest Reserve are -

(a)

to protect in perpetuity as much as possible the biological diversity of the Forest Reserve, expressed at genetic, individual, sub-species, species, habitat and ecosystem levels of organization;

(b)

to promote research into all aspect of the composition and functioning of the ecosystem of the Forest Reserve including comparative studies of disturance and recovery processes following logging of nearby areas;

(c)

to promote education and training in conservation, natural history, ecology, forestry and related sciences;

(d)

to promote the Forest Reserve for appropriate recreation and nature tourism provided that such activities do not significantly compromise the management objectives for the Forest Reserve; and

(e)

to integrate the management objectives of the Forest Reserve with other planned development in surrounding areas so as to create a model management area in the Meliau Range Forest Reserve which is constituted under the Forests (Constitution of Forest Reserves and

Amendment) Enactment 1984 [No. 4 of 1984] that combines conservation, forestry and nature of tourism activities on a sustainable long-term basis.

(2)

The role of the Management Committee shall be to plan, co-ordinate, facilitate monitor and evaluate the management objectives of the Forest Reserve under subrule (1).

Powers and functions of the Management Committee

Section 9

The powers and functions of the Management Committee shall be -

(a)

to advise the Chief Conservator on the conservation and protection measures of the Forest Reserve;

(b)

to advise on any proposal for development within the Forest Reserve;

(c)

to accept or reject any proposed research to be carried out with the Forest

Reserve;

(d)

to address appropriately the findings of research to be carried out with the

Forest Reserve;

(da)

to consider and advise the State Government on the findings of research that may have implications on state or national interest;

(e)

to forge relationship with local or overseas organisation for the purpose of research, conservation and education;

(f)

to provide guidelines on the role of collaborators for the Forest Reserve; and

(g)

to invite other organisations including overseas organization into the

Management Committee on an ad hoc basis for the purpose of implementing the roles of the Management Committee in terms of funding, expertise and services.

Day-to-day management

Section 10

The day-to-day management of the Forest Reserve shall be carried out by the Sabah

Forestry Department and TSH Resources Berhad in consultation with the Management

Committee, may determine the procedure for the following matters:

(a)

the matrix of the management organisation of the Forest Reserve;

(b)

the control and regulation of entry of persons into the Forest Reserve including the regulation of the period during which the persons may remain therein and the conditions under which they may do so;

(c)

the establishment of such research centres, jungle lodges, observatory towers, cabins and other similar structures as may be deemed necessary to carry out the purpose of the Forest Reserve; and

(d)

such other matters as may be necessary for the more effectual carrying out such day-to-day management of the Forest Reserve.

Made 3 May 2016.

DATUK SERI PANGLIMA MUSA HAJI AMAN,

Chief Minister of Sabah