National Forestry (Amendment) Act 2022

This Act shall not come into operation in a State unless it has been adopted by a law made by the Legislature of the State pursuant to Clause (3) of Article 76 of the Federal Constitution.

This Act comes into operation in the Federal Territories of

Kuala Lumpur, Labuan and Putrajaya on a date to be appointed by the Minister by notification in the Gazette.

NATIONAL FORESTRY (AMENDMENT) ACT 2022

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by deleting the definition of “member of the armed forces”;

in the definition of “forest produce”—

in paragraph (a), by substituting for the word

“rock” the words “rock material”;

by inserting after subparagraph (ii)

the following subparagraph:

“(iii) terrestrial plants specified in the

Third Schedule to the International

Trade in Endangered Species

Act 2008 [Act 686];”; and

by renumbering the existing subparagraph (iii)

as subparagraph (iv);

by inserting after the definition of “minor licence”

the following definition:

‘ “minor licence area” means the area or part of the area covered by a minor licence in accordance with section 29a;’;

in the English language text, in the definition of “take”, by substituting for the word “cattle” the word “livestock”;

by inserting after the definition of “assessment”

the following definition:

‘ “authorized officer” means an officer authorized under section 3a;’;

by inserting after the definition of “police officer”

the following definition:

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‘ “premises” includes any house, building, hut, shed, structure, platform and land whether or not enclosed or built upon;’;

in the national language text, in the definition of “ternakan”, by deleting the words “gajah,”;

in the English language text, by inserting after the definition of “licensee” the following definition:

‘ “livestock” includes buffalo, horse, pony, mule, ass, pig, sheep and goat;’; and

in the English language text, by deleting the definition of “cattle”.

in relation to a major forest produce—

where the volume is less than five cubic metres, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both; or

in relation to a terrestrial plant specified in the Third Schedule to the International Trade in

Endangered Species Act 2008, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; and

in relation to a minor forest produce other than a terrestrial plant mentioned in paragraph (b), be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

in relation to a major forest produce—

where the volume is less than five cubic metres, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or

in relation to a minor forest produce, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

Amendment of section 43

in subsection (1), by inserting after the words

“issue thereof” the words “and in accordance with subsection (2a), may be renewed from time to time”;

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by inserting after subsection (2) the following subsection:

“(2a)  The Director may, on the application of a holder of a removal licence made not later than thirty days before the expiry of the removal licence, renew the removal licence for a term not exceeding six months, and the Director may vary, delete or add to the provisions contained in the removal licence.”;

and

in subsection (3), by inserting after the words “Form 5”

the words “and if a removal licence is renewed, it shall be endorsed with a note of such renewal and the date of its expiry”.

Amendment of section 47

in subsection (1)—

by inserting after paragraph (a) the following paragraph:

“(aa) a holder of a minor licence, his servants or agents, but only for the purpose of exercising the rights granted by the minor licence;”;

by substituting for subsection (4) the following subsection:

“(4)  Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

and (da)”.

Amendment of section 50

in subsection (1), by inserting after the words

“the Director” the words “or by a forest officer authorized by the Director to issue a road permit”; and

by substituting for subsection (4) the following subsection:

“(4)  Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

Every road permit shall have effect subject to such provisions as may be contained in the road permit, and so far as not inconsistent therewith, to any other provision which may be prescribed.

The Director may, on the application of a holder of a road permit made not later than thirty days before the expiry of the road permit, renew the road permit for a term not exceeding one calendar year, and the Director may vary, delete or add to the provisions contained in the road permit.”.

Amendment of section 58

in paragraph (d)—

by substituting for the words “amenity forests”

the words “permanent reserved forests”; and

in paragraph (e), by substituting for the full stop the words “; and”; and

by inserting after paragraph (e) the following paragraph:

“(f) any expenses incurred by the State Authority in managing and carrying out sustainable development of permanent reserved forests.”.

Subject to any contrary direction by the State Authority, the Director may reduce, commute or waive a forest development cess, or exempt payment of a forest development cess—

in the shoulder note, by inserting after the words

“licence area” the words “or minor licence area”;

in subsection (1)—

by inserting after the words “the licence area”

the words “or minor licence area”; and

in subsection (2)—

by inserting after the words “the licence”

the words “or minor licence”; and

in subsection (4)—

in paragraphs (a), (b) and (c), by inserting after the words “licence area” wherever appearing the words “or minor licence area”; and

in subsection (3), by inserting after paragraph (a)

the following paragraph:

“(aa) a minor licence area;”;

by substituting for subsection (4) the following subsection:

“(4)  Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.”; and

by inserting after subsection (4) the following subsection:

“(5)  Any person who contravenes subsection (2)

commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

Amendment of section 69

by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”; and

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by inserting after subsection (3) the following subsection:

“(4)  Any person who contravenes subsection (2)

commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

in subsection (1), by substituting for the words

“or use permit” wherever appearing the words “, use permit or road permit”;

in subsection (2)—

by substituting for paragraph (b) the following paragraphs:

“(b) bank draft;

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(ba) banker’s cheque;

(bb) money by electronic fund transfer; or”;

and

in subsection (3), by substituting for the words “use permit or minor licence” the words “minor licence, use permit or road permit”; and

by inserting after subsection (3) the following subsection:

“(4)  Where a licensee or a holder of a minor licence, use permit or road permit contravenes any provisions of this Act or the provisions of the licence, minor licence, use permit or road permit, the Director may forfeit the whole or part of the deposit paid by the licensee or the holder of the minor licence, use permit or road permit.”.

in the English language text, in paragraph (1)(a), by substituting for the word “cattle” wherever appearing the word “livestock”; and

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by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable—

if the offence is under paragraph (a), to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both;

if the offence is under paragraph (b) or (c), to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both;

if the offence is under paragraph (d), (e)

or (f), to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both; and

if the offence is under paragraph (g), to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”.

Amendment of section 82

in subsection (1), by substituting for the words “in such a manner as to endanger such reserved forest” the words

“except with the permission of the Director”; and

by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.

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Amendment of section 83

by substituting for the shoulder note the following shoulder note:

“Prohibition of littering”;

in subsection (1), by deleting the word “offensive”;

by substituting for subsection (2) the following subsection:

“(2)

Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.”; and

in subsection (3), by deleting the word “offensive”.

in subsection (1), by substituting for the words

“an authorized officer” the words “the Director or by a forest officer authorized by the Director”; and

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by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.”.

by substituting for subsection (1) the following subsection:

“(1)  A forest officer not below the rank of Forester, an authorized officer or a police officer may—

arrest without warrant—

any person whom he has reason to believe to have committed a forest offence which is a seizable offence within the meaning of the Criminal

Procedure Code [Act 593]; or

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seize any thing which he considers necessary to seize in relation to the evidence necessary to establish the commission of any such offence.”; and

in subsection (3), by inserting after the words

“Assistant District Forest Officer,” the words

“any authorized officer,”.

by substituting for subsection (1) the following subsection:

“(1)  If it appears to a Magistrate, upon a written information from a forest officer not below the rank of

Assistant District Forest Officer, an authorized officer or a police officer not below the rank of Sergeant and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that any premises has been used for or that in any premises there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the Magistrate may issue a warrant authorizing any forest officer not below

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the rank of Assistant District Forest Officer, any authorized officer or any police officer not below the rank of

Sergeant named in the warrant, by day or night and with or without assistance, to enter the premises and if need be by force.”;

by inserting after subsection (1) the following subsection:

“(1a)  Without affecting subsection (1), the Magistrate may issue a warrant authorizing the forest officer not below the rank of Assistant District Forest Officer, the authorized officer or the police officer not below the rank of Sergeant to—

search the premises for, and to seize or remove from the premises any forest produce, receptacle, package, conveyance, machinery, tool, equipment, book, record, document or other thing that is reasonably believed to furnish evidence of the commission of such offence;

take samples of any forest produce or other thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed; and

make copies of or take extracts from any book, record, document or other thing found in the premises.”;

in subsection (2)—

by substituting for the words “Any forest officer or police officer acting under subsection (1)

may—” the words “Any forest officer not below the rank of Assistant District Forest Officer, any authorized officer or any police officer not below the rank of Sergeant acting under this section may—”;

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by inserting after subsection (2) the following subsection:

“(3)  A forest officer not below the rank of Assistant

District Forest Officer, an authorized officer or a police officer not below the rank of Sergeant conducting search under this section may, for the purpose of investigating into the forest offence, search any person who is in or on the premises.”.

in the shoulder note, by substituting for the words

“and search” the words “, search and seize”;

by substituting for subsection (1) the following subsection:

“(1)  If a forest officer not below the rank of

Forester, an authorized officer or a police officer has reasonable cause to suspect that any conveyance is carrying any forest produce, receptacle, package, machinery, tool, equipment, book, record, document or other thing in respect of which a forest offence is being or has been committed, the forest officer not below the rank of Forester, the authorized officer or the police officer may stop and search the conveyance and may, if on examination he has reasonable cause

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to believe that the conveyance is or has been used in the commission of such offence, seize the conveyance and any forest produce, receptacle, package, machinery, tool, equipment, book, record, document or other thing found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence.”;

in subsection (2), by substituting for the words “the forest officer or police officer” wherever appearing the words

“the forest officer not below the rank of Forester, the authorized officer or the police officer”;

by inserting after subsection (2) the following subsection:

“(2a)  The forest officer not below the rank of

Forester, the authorized officer or the police officer may, in the exercise of his powers under this section, if it is necessary to do so, detain any person found in the conveyance until the search is completed.”; and

by deleting subsection (3).

Amendment of section 93

by substituting for paragraph 1(b) the following paragraph:

“(b) prepare a list of the things seized and of the place in which the thing is found and shall sign the list.”;

by inserting after subsection (1) the following subsections:

“(1a)  The list prepared in accordance with subsection (1) shall be delivered immediately to—

the occupier of the premises where the thing seized is found; or

the person in control or in charge of the conveyance or thing carried in the conveyance where the seizure is made under section 92

or 96a.

National Forestry (Amendment)

Where the seizure is made in or from any premises which is unoccupied, the seizing officer shall, whenever possible, post a list of things seized conspicuously at or on the premises, or deliver a copy of the list to the owner of the things seized personally or by post at his usual or last-known place of abode or business.

Where, by reason of its nature, size or amount, it is not practicable to remove any thing seized under subsection (1), the seizing officer shall, by any means, seal or mark such thing seized in the premises or container in which it is found.”; and

in the shoulder note, by substituting for the words

“Forest officer may” the words “Power to”;

in subsection (1), by substituting for the words “any forest officer” the words “a forest officer not below the rank of Forester, an authorized officer or a police officer”;

and

by substituting for subsection (2) the following subsection:

“(2)  Any person who impedes or obstructs any forest officer not below the rank of Forester, any authorized officer or any police officer exercising his powers under subsection (1) or who refuses to render such assistance as is required by such officer, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.”.

Any person who fails to comply with any signal of a forest officer not below the rank of Forester in uniform or an authorized officer in uniform under subsection (1) requiring such person or conveyance to stop before reaching any such barrier, or attempts to cross or knock any such barrier, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

No officer referred to in subsection (1) shall be liable for any loss, injury or damage caused to any person or property consequent upon the taking of the steps mentioned in subsection (1).”.

by inserting after the words “forest officer” the words

“or an authorized officer”; and

by substituting for the words “shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment” the words “commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both”.

Amendment of section 101

in subsection (1), by substituting for the words “compound any offence under this Act except any offence under section 86 or 107” the words “, with the consent of the

Public Prosecutor, compound any offence under this Act except any offence under section 86”; and

in subsection (3)—

in paragraph (c), by deleting the word “and” at the end of the paragraph;

, (b), (c) and (d).”.

in paragraph (d)—

by deleting the words “found within a permanent reserved forest or State land”; and

in paragraph (e), by substituting for the full stop a semicolon; and

by inserting after paragraph (e) the following paragraphs:

“(f)  that any person found within or next to a permanent reserved forest or State land where the taking of forest produce has occurred without a licence issued under this Act, has taken the forest produce; and

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that any machinery, equipment or conveyance specified in the Sixth Schedule found within or next to a permanent reserved forest or State land where the taking of forest produce has occurred without a licence issued under this Act, is used for the taking of forest produce.”.

Amendment of section 106

in the shoulder note, by substituting for the words

“police officers, members of the armed forces”

the words “authorized officers, police officers”; and

by substituting for the words “police officer or member of the armed forces” wherever appearing the words

“authorized officer or police officer”.

in paragraph (e), by substituting for the words

“licensee in taking forest produce on and from a licence area”

the words “licensee or holder of a minor licence in taking forest produce on and from a licence area or a minor licence area”;

by inserting after paragraph (h) the following paragraph:

“(ha) prescribe the form of a pass other than a removal pass and provide for the issuance, production and return of such pass;”;

by substituting for paragraph (s) the following paragraph:

“(s) provide for matters relating to the administration, development and activity of the permanent reserved forests classified under subsection 10(1);”;

by inserting after paragraph (u) the following paragraph:

“(ua) prescribe the manner to conduct a public inquiry before the State Authority excises any land from a permanent reserved forest;”; and

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in paragraph (v), by substituting for the words

“provided such penalties shall not exceed those prescribed by section 87” the words “with a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both”.

by substituting for paragraph (c) the following paragraph:

“(c)  Converted timber”; and

by deleting paragraph (e).

in PART A – MACHINE, by inserting after paragraph (e)

the following paragraph:

“(f)  Excavator”; and

in PART C – CONVEYANCE, by inserting after subparagraph 1(c) the following subparagraphs:

“(d)  Lorry

Low loader”.