Malaysia legislation

Section 2

of NATIONAL FORESTRY ACT 1984

Section 2

(a)

to harvest, collect or remove the forest produce from the place where it is harvested or collected;

(b)

to buck, limb or debark when necessary for or incidental to the purpose of removal from any forest; or

(c)

to fashion forest produce in any forest where specifically authorized by any rules;

“converted timber” means wood which has been cut, sawn, hewn, split, shaped or fashioned into pieces intended for use for any purpose other than as fuel;

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National Forestry

“conveyance” includes ship, train, vehicle, aircraft or any other means of transport by which persons or goods can be carried;

“Director” means a State Director of Forestry appointed under subsection 3(1) and includes the State Deputy Director of Forestry, and in sections 25, 26 and 27 also includes the District Forest

Officer;

“entry permit” means a permit to enter a permanent reserved forest issued under paragraph 47(1)(c);

“forest harvesting plan” means an operating plan prescribing the manner and method for the taking of trees from a particular permanent reserved forest or State land, or part thereof, to secure the orderly taking of such trees;

“forest management plan” means an operating plan relating to silvicultural, economic or conservation activity or programme prescribed for a particular permanent reserved forest or part thereof to secure the orderly taking, renewal and conservation of trees in accordance with the principle of sustained yield;

“forest offence” means an offence under this Act;

“forest officer” means an officer appointed under subsection 3(1);

“forest produce” includes —

(a)

the following when found in or brought from a permanent reserved forest:

guano, peat, rock, sea-sand, river-sand, sea-shells, shell-sand and surface soil;

(b)

the following when found in or brought from a permanent reserved forest or State land:

(i)

trees and all parts or produce not hereinafter mentioned of trees;

(ii)

plants including climbers, creepers and grasses, and all parts or produce of such plants;

(iii)

silk, cocoons, honey and wax and edible bird’s nests;

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(c)

the following whether found in or brought from a permanent reserved forest, State land, mining land, reserved land or alienated land:

timber, fuelwood, charcoal, getah, getah taban leaves, wood oil, bark, extracts of bark, damar and atap;

“forest road” means any road situated within a permanent reserved forest but does not include a road declared to be Federal or State road;

“Form”, followed by a number, means the form in the First

Schedule identified by that number;

“Form 2 notice” means the notice issued under section 25;

“fuelwood” means timber suitable only for consumption as fuel, or timber lawfully cut for consumption as fuel and used, or, in the opinion of the Director, intended to be used for no other purpose;

“guano” includes the excrement of birds and of bats;

“licence” means a licence issued under Chapter 2 of Part IV;

“licence area” means the area demarcated under paragraph 20(a);

“licensee” means a person issued with a licence;

“major forest produce” means the forest produce specified in

Part A of the Second Schedule;

“mark” in relation to forest produce means to mark, paint, brand, tag or otherwise to identify the forest produce; and “a mark”

includes any letter, number, symbol or other mark, used for identifying forest produce;

“member of the armed forces” means any member of the armed forces not below the rank of Lance Corporal;

“Minister” means the Minister responsible for forestry;

“minor forest produce” means the forest produce specified in

Part B of the Second Schedule;

“minor licence” means a minor licence issued under Chapter 3

of Part IV;

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National Forestry

“open forest” means any permanent reserved forest or part thereof declared to be an open forest under section 45;

“permanent reserved forest” means any land constituted or deemed to have been constituted a permanent reserved forest under this

Act;

“pole” means any section cut from a tree, and having a diameter of less than thirty centimetres at its larger end, which has not been further prepared for use other than the removal of bark and projection branches;

“police officer” means any member of the Royal Malaysia Police;

“premium” includes any sum authorized to be assessed in lieu of premium;

“prescribed” means prescribed by any rules;

“previous forest law” means any law relating to forest in force in the State at any time before the commencement of this Act;

“property mark” means a mark which a licensee is entitled to place on timber to denote that he is entitled to the ownership of such timber on payment of all royalty, cess and other charges payable to the State Authority on such timber and on obtaining a removal pass;

“record of measurement” means a record of the measurement of forest produce made by any forest officer in accordance with the provisions of Chapter 3 of Part V and of any rules;

“reforestation plan” means an operating plan relating to the establishment of a tree crop or the renewal of trees over an area within a permanent reserved forest;

“removal licence” means a removal licence issued under

Chapter 5 of Part IV;

“removal pass” means a pass for the removal of forest produce issued under section 70;

“road” includes any trail, path, bridge and clearings for laying of rails;

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“road permit” means a road permit issued under section 50;

“round timber” means any section cut from a tree, and having a diameter of not less than thirty centimetres at its larger end, which has not been prepared for use otherwise than by removal of bark and branches and either rough squaring or longitudinal division into not more than four pieces in order to facilitate transport or conversion;

“royalty” includes any sum authorized to be assessed in lieu of royalty;

“rules” means rules made under this Act;

“servant” means any person whether or not he is a citizen of

Malaysia who is employed for wages;

“State Financial Authority” has the same meaning assigned to it in the Financial Procedure Act 1967 [Act 61];

“take” in relation to forest produce includes every activity involved in—

(a)

the harvesting, collecting, tapping, mining, quarrying or removing, of any forest produce;

(b)

the injuring or damaging of forest produce; or

(c)

the grazing of cattle upon the forest produce;

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

“tree” includes root, stump, stem, branch, leaf, brushwood, palm, bamboo, cane, rattan and creeper;

“use permit” means a use permit issued under Chapter 4 of