Section 61
Section 61
―(1) The Director may, with the written approval of the
Minister, declare, by notification in the Gazette, any tree or species of tree found on any permanent forest or alienated land, as a protected tree or species of tree, on account that the tree or the species thereof has medicinal compound or properties upon which research could be carried out for the development or production of medicinal or pharmaceutical products.
(2)
Upon the publication of the notification made under subsection (1), no person shall―
(a)
cultivate, propagate or germinate any tree or species of tree specified therein;
(b)
remove such tree or species of tree from their natural habitat or locality where the same is found; or
(c)
have in his possession such tree or species of tree,
[Add. Cap. A201/2022]
except with the written approval of the Director.
(3)
Any person who contravenes subsection (2) shall be guilty of an offence and shall, upon conviction, be punished with―
(a)
in the case of an offence under subsection (2)(a), a fine of not less than two thousand ringgit and not exceeding ten thousand ringgit; or
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(b)
in the case of an offence under subsection (2)(b), a fine of not less than ten thousand ringgit and not exceeding thirty thousand ringgit or imprisonment for a term not exceeding two years or to both.
(4)
When a person is convicted of an offence under subsection
(2)
, the court shall, in addition to any penalty which it may impose, order such person to pay to the Government a sum of not less than ten times the value (as assessed by the Director or any forest officer authorized by him) of the tree or species of tree in respect of which the offence has been committed, and any sum ordered to be so paid shall be recoverable by the Government as a civil debt.