*NATIONAL PARKS ACT 1980

This Act shall not apply to Sabah and Sarawak and the State

Parks of Kelantan, Pahang and Terengganu which together constitute the Taman Negara as described in the Schedule to the Taman Negara

(Kelantan) Enactment [En. 14 of 1938] and in the First Schedules to the

Taman Negara (Pahang) Enactment 1939 [En. 2 of 1938] and the

Taman Negara (Terengganu) Enactment [En. 6 of 1358].

Interpretation

The area so reserved shall be placed under the control of a

National Park committee established under section 7.

The reservation of an area or part thereof under this section shall not be revoked by the State Authority except after consultation with the

Minister.

Any reservation of land under this section shall be notified in the Gazette and such notification shall—

a chairman to be appointed by the Minister;

(aa) the State Secretary of each of the States in which there is a

National Park or part thereof;

three representative nominated by the State Authority from each of the States in which there is a National Park or part thereof;

the Director General;

a representative of the Treasury;

a representative of the Economic Planning Unit of the Prime

Minister’s Department;

a representative of the Tourist Development Corporation;

a representative of the Department of Forestry; and

not more than six other persons to be appointed by the

Minister.

A member appointed under paragraph (1)(a) or (h) shall hold office for such period of time as the Minister may decide and the

Minister may at any time remove him from office without assigning any reason therefor.

Functions of National Parks Advisory Council

Subject to regulations made under section 11, the Council shall determine its procedure at its meetings.

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Establishment of National Parks committees

the State Secretary of each State within which the National

Park is situated;

(aa) the Director of Lands and Mines of each of the states in which there is a National Park or part thereof;

a representative each of such departments of the Federal

Government and, after consultation with the State Authority, of the State Governments as the Minister may consider necessary to be represented; and

such other persons not exceeding three in number as the

Minister may, after consultation with the State Authority, appoint and subsection 5(2) shall mutatis mutandis apply in the case of an appointment under this paragraph.

The State Secretary shall be the chairman of the committee, but where a National Park is situated within two States or more, the State

Secretaries of the States concerned shall act as chairmen in rotation and, subject to regulations made under section 11, the committee shall determine its procedure at its meetings.

A committee constituted under this section shall be responsible for the conservation, utilization, care, control, management and development of the National Park for which it is constituted and, in discharging its responsibility under this Act, the committee shall act on such directives as the National Parks Advisory Council may issue from time to time.

Director General and other persons to be responsible for the proper carrying out of provisions of Act

The Director General shall have the general supervision and direction of all matters relating to National Parks.

The Minister may from time to time give the Director General directions of a general character and not inconsistent with the provisions of this Act as to the exercise of the powers conferred on, and the duties to be discharged by, the Director General under this Act and the Director General shall give effect to all such directions.

Occupation of land within National Park

the construction and maintenance of roads;

the construction and maintenance of airstrips;

the construction and maintenance of dams and reservoirs;

the construction and maintenance of hotels, rest houses, dwelling houses, buildings and works of public utility, where the State Authority considers any of these purposes to be necessary and in the interests of the development of the National

Park in accordance with the object referred to in section 4; and

mining or prospecting in accordance with section 10.

Any land leased by the State Authority or in respect of which any use or occupation has been permitted by the State Authority under subsection (1) shall continue to form part of the National Park and be subject to the provisions of this Act and of any regulations made thereunder save in so far as may be set out in any condition or restriction imposed by the State Authority under subsection (1).

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Subject to this Act, any lease or permit to use or occupy land under this section shall be issued in accordance with the National Land

Code [Act 56 of 1965].

Save by virtue of any right conferred by or acquired under or in respect of any lease or permit under subsection (1) or as otherwise in this Act provided, no person other than an officer may reside on, enter, use or occupy any land within and forming part of a National Park without the permission of the Director General.

General prohibition of mining within National Park

If at any time the State Authority has reason to believe that in a particular portion of a National Park a mineral deposit exists of such richness that it would be contrary to the interests of the State that it should not be mined, the State Authority may after consultation with the Minister issue, under the law relating to mining, licences to prospect that portion of the National Park and if necessary issue thereafter mining certificates or mining leases in respect of that portion of the

National Park or of any part of that portion.

Where any mining certificate or mining lease is issued in respect of any land within a National Park, the holder of the certificate or the lease shall have such rights of passage, licences or other facilities as may be necessary for the practical exercise of the rights granted by such certificate or lease.

Notwithstanding anything in the law relating to mining, there shall be an implied condition in a mining certificate or mining lease issued pursuant to this section that any officer shall have such rights of entry into the land in respect of which a licence to prospect, a mining certificate or a mining lease has been issued as may be necessary in order that he may carry out the object of this Act in respect of such land and of the National Park generally.

National Parks 11

Regulations

the exclusion of members of the public from certain areas within a National Park;

the prohibition of the killing, maiming, trapping, capturing or impounding of any wild life within a National Park and the disposal of such wild life killed, maimed, trapped, captured or impounded;

the prohibition of such animals as may be specified from being taken into or remaining within a National Park;

the burning and cutting of vegetation within a National Park;

the disposal of wild life, vegetation or other things found within a National Park;

the search of any person suspected of contravening any regulation made under this section;

the periods and times within which the public may have access to a National Park or any part thereof;

the regulation of the conduct, obligations and duties of persons visiting or travelling, exploring or camping in a

National Park and (without affecting the generality of the foregoing) the safety of persons visiting such Park and their liability for all reasonable expenses incurred in connection with searches to find persons who have become lost or (after failure to comply with the regulations) are reasonably believed to have become lost therein;

the fees for the issue of permits to enter into or camp within a

National Park, for the admission of vehicles into and the taking of photographs within a National Park or for the services connected with the use or enjoyment of a National

Park;

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the protection, preservation and care of a National Park and of permanent works and works of maintenance and of facilities and amenities and of wild life and vegetation and features of scenic, scientific or historical interest therein;

the regulation of traffic and carriage of passengers within a

National Park;

the seizure and disposal of any vehicle, vessel, animal or other article or thing in respect of which there is a contravention of any regulation made under this section;

penalties in respect of the contravention of any regulation made under this section;

the construction and maintenance of hotels, rest houses, dwelling houses, buildings and works of public utility;

the powers and duties of officers in relation to the carrying out of the provisions of this Act and regulations made under this section;

the procedure to be adopted by the National Parks Advisory

Council and National Parks committees at their meetings and the remunerations or allowances to be paid to members thereof;

such other matters as the Minister may consider necessary for the efficient control and management of a National Park or for the attainment of the object of its establishment.

The

Minister may make different regulations under subsection (1) in respect of different National Parks.

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Act 226

LIST OF AMENDMENTS

Amending law

Short Title

In force from

P.U.(A) 187/1984

National Parks (Amendment)

Act 1983

Federal Territory of Labuan

(Modification of the National

Parks Enactment) Order 1984

16-12-1983

16-04-1984

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Act 226

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

3

16-12-1983

5

16-12-1983

7

9

10

11

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