Malaysia legislation

Section 112

of FORESTS ORDINANCE, 2015

Section 112

The Minister may, with the approval of the Majlis

Mesyuarat Kerajaan Negeri, by notification in the Gazette, amend the

Schedules.

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Rules 113.―(1) The Minister may, with the approval of the Majlis

Mesyuarat Kerajaan Negeri, make rules generally for carrying out the provisions of this Ordinance and, in particular, such rules may provide for―

(a)

prohibiting or regulating the felling, collection, removal or transport of timber and forest produce, including imposition of a charge for the provision of ecosystem services related thereto, and regulating the measurement and checking of timber and forest produce;

(b)

the registration of property marks with the Director, and prescribing fees in respect thereof;

(bb) regulating any Forest Carbon Activity and other matters relating to carbon stocks or GHG stocks, carbon credits units and carbon trading including:

(i)

requirements relating to the design of activities to be considered for a licence pursuant to section 70A for a

Forest Carbon Activity;

(ii)

the licensing or accreditation of Forest Carbon

Activity under section 70A including by a State and/or national governing body;

(iii)

the registration of a Forest Carbon Activity with

Carbon Standard;

(iv)

the monitoring of Emissions Reductions generated by a Forest Carbon Activity including the methodologies, baseline scenarios and periods for such monitoring;

(v)

the reporting of Emissions Reductions by a Forest

Carbon Activity to the Director as well as to the national governing body;

(vi)

the payment of royalties, premiums, levies or taxes for or in connection with a Forest Carbon Activity or the trading of carbon credit units; or

(vii)

mechanisms designed to ensure no double-counting takes place and where relevant corresponding adjustments to the

Malaysian

Nationally

Determined

Contribution when accounting for Emissions Reductions resulting from a Forest Carbon Activity licensed under section 70A and the reduction of GHG emissions nationally;

[Add. Cap. A201/2022]

74 CAP.

(c)

the payment of the like royalties in the event of any contravention of such rules, or of the conditions of any licence, as would have been payable had such rules and conditions been observed;

(d)

the procedure for the collection of any payment under this Ordinance including surcharge, in the event of failure to pay on the due date;

(e)

granting exemption from anything provided by such rules;

(f)

the survey and demarcation of forest reserves, protected forests, amenity forest and communal forests;

(g)

exempting from the payment of royalty timber used for, or taken for use and subsequently used for, any purpose specified in such rules;

(h)

requiring the holders of licenses to render returns and accounts, and to submit their books for inspection;

(i)

restricting the kind or species of timber and other forest produce which may be used for the construction of any extraction route;

(j)

appeal against, or review of, the exercise of any discretion vested by the rules in any forest officer;

(k)

the procedure and form for compounding of offences under this Ordinance;

(l)

the registration of holders of licences issued by the

Director under this Ordinance and their contractors, sub-contractors or agents;

(m)

the procedure for any arbitration to be conducted pursuant to any clause contained in any such licence;

(n)

the use, cultivation, propagation or export of any tree or any medicinal compound from any tree for any research, study, test, experiment or process in connection with the development or manufacture of any pharmaceutical product;

(o)

prohibiting, regulating or controlling the export or sale of forest produce;

(p)

limiting the production on the volume of timber to be taken or trees to be felled or removed for export or sale;

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(q)

regulating or controlling the distribution and sale of timber to local sawmills;

(r)

regulating the transportation of timber logs for export or sale including the delivery by the seller or purchaser under a contract of sale;

(s)

regulating the construction, maintenance, usage or passage through or control over any road or bridges used for and in connection with logging or transportation of timber;

(t)

regulating the registration of vehicles, machinery or equipment used or belonging to the holder of any licence or his contractor or sub-contractor in any forest area covered by such licence;

(u)

regulating the disposal, sale, release or handling of any timber, conveyance or other things seized or detained under this

Ordinance;

(v)

regulating the establishment of planted forests and the harvesting of trees therein and the pledge, assignment, charge or mortgage of any licence issued under section 65 and the procedure for the enforcement of such pledge, assignment, charge or mortgage;

(w)

providing for the registration, control and administration of any nurseries and research facilities established for or to facilitate tree planting or cultivation of any species of trees in planted forests;

(x)

providing for the training of workmen employed by any employer under section 51 in the felling, collection, removal, handling or transportation of timber or other forest produce or any other activity required for the sustainable management of any forest or the establishment and maintenance of planted forests;

the nature and contents of courses prescribed by the Director for the training of such workmen; the approval of institutions for the conduct of the training courses; the qualification of persons conducting such training courses; and the award of certificates to persons who successfully completed the prescribed training courses;

(y)

the imposition of or a requirement for a forest rehabilitation and management plan and other matters related thereto or in connection therewith; and

(z)

anything which requires to be prescribed or provided for by rules.

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(2)

Such rules may be of general or special application:

Provided that, notwithstanding that any rules is not made applicable to a permanent forest, it shall be lawful to incorporate it in the conditions of any licence or workman permit by providing therein that such rules shall be applicable.

(3)

Such rules may provide that the contravention of any particular rules shall constitute an offence and may provide for the punishment of any such offence by penalties not exceeding a fine of fifty thousand ringgit and imprisonment not exceeding five years or to both and payment of compensation to the Government of an amount equivalent to ten times the value (as assessed by the Director) of any timber, other forest produce or other property related to or involved in the commission of the offence.