Section 2

the following when found in or brought from a forest reserve, protected forest, communal forest, amenity forest, Government reserve, other State land, inland water or alienated land⎯

[Ins. Cap. A201/2022]

guano, peat, rock, sea-shell and surface soil;

the following when found in or brought from a forest reserve, protected forest, communal forest, amenity forest, Government reserve, other State land, inland water or alienated land ⎯

[Ins. Cap. A201/2022]

timber;

cordwood;

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carbon stocks or greenhouse gas stock in any forest whether on state land, alienated land or inland waters;

“forest reserves” means forest reserves constituted over State land under Part III of this Ordinance;

“Government” means the Government of the State of

Sarawak;

“Government reserves” means land reserved to the

Government under the Land Code [Cap. 81 (1958 Ed.)];

“hammer mark” means the Government hammer mark

“F.D.” or any other mark as may be determined by the Director;

“inland waters” means riverine waters and the waters of any lakes, streams, ponds, reservoirs, dams and all other waters within the boundaries of the State;

[Add. Cap. A201/2022]

“licensed sawmill” means a timber mill licensed or deemed to have been licensed under the Sarawak Timber Industry

Development Corporation Ordinance, 1973 [Ord. No. 3 of 1973];

“Magistrate” means a Magistrate of the First Class as provided under the Subordinate Courts Act 1948 [Act 92];

“mangroves” means all trees belonging to the genera

Avicennia, Bruguiera, Ceriops, Kandelia, Rhizophora and

Xylocarpus;

“medicinal compound” means any extract, tissue, organism, part or constituent, isolated, taken, derived or extracted from any tree which has the properties for the cure, treatment or relief of any disease or ailment;

“Minister” means the Minister for the time being charged with the responsibility for forestry matters;

“permanent forests” means all forests reserves, protected forests, communal forests, amenity forest, Government reserves and planted forests in the State;

[Ins. Cap. A201/2022]

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“pharmaceutical product” means any drug or medicine, in liquid, concentrated, tablet or any other form, used for the treatment of human beings or animals, prepared from or through the use of any medicinal compound, including any drug or medicine made by way of synthesis of such compound and other chemical or chemical products;

“planted forests” means a crop of trees planted or maintained on State land or alienated land under a licence issued pursuant to section 65 and forming part of the permanent forests in the State;

“prescribed” means prescribed by rules made under section 113;

“property mark” means a mark which a holder of a licence is entitled to place on timber to denote that he is entitled to the ownership of such timber, for which payment of all royalty, premium, cess and other payments are payable to the

Government;

“protected forests” means protected forests constituted over

State land under Part III of this Ordinance;

“public authority” means the Government, a department of the Government, a corporation or body established or constituted by or under State law and includes any officer appointed or acting on behalf of such Government, department, corporation or body;

“Regional Forests Officer” means any forest officer appointed or assigned to administer the provisions of this

Ordinance and any rules made thereunder in one or more

Administrative Divisions in Sarawak and to discharge any duties as may be assigned to him by the Director;

“removal pass” means a pass for the removal of timber issued in such form as may be determined by the Director;

“sawbench”…… [Deleted Cap. A201/2022]

“sawmill” means any factory or any premises where timber is cut or sawn or hewn or converted into small sizes or marketable products and includes any machinery, equipment or plant for the manufacture of veneers, plywood, moulding or any other products from timber;

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“State land forests” means any forests in the State other than forest reserves, protected forests, communal forests, Government reserves, amenity forests and planted forests;

“State land” means State land within the meaning of the

Land Code [Cap. 81 (1958 Ed.)];

“timber” includes trees when they have fallen or been felled, and all woods whether or not cut up, fashioned or hollowed out for any purpose but does not include firewood;

“tree” includes any part of a tree, its fruits, buds, leaves, branches, stems, stumps, bark, trunk, seeds, seedlings, exudates, roots and any plants, palms, bamboos, canes and brushwoods.

Where a licence is, by reason of its terms or the provisions of this Ordinance, declared not to be transferable, the licence shall, unless the Minister or a person authorized by him in that behalf otherwise directs, be liable to be cancelled or suspended in accordance with section 42 if⎯

Notwithstanding subsection (2), the Minister may, in the event of death, incapacity, bankruptcy or, in the case of a company, liquidation of the holder of such licence, or where a receiver or manager is appointed in relation to the business of the holder of such licence, or where for any reason the Minister is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

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