Malaysia legislation
Section 22
of Sabah Climate Change And Carbon Governance Enactment 2025
Section 22
(1)
Where a carbon activity is proposed to be carried out in or near an area where native customary rights have been established under the Land Ordinance, the person intending to carry out the carbon activity shall, as part of the feasibility study process —
(a)
conduct consultations with the native community or their appointed representatives;
(b)
propose community benefit measures for the native community; and
(c)
where applicable, incorporate community development measures as part of the proposed carbon activity, as may be determined by the Director.
(2)
Notwithstanding subsection (1), any community benefit or development measure shall only be implemented upon the issuance of a permit under section 24.
(3)
Nothing in this section shall be construed as conferring any ownership or possessory rights to the native community unless such rights are otherwise recognised under any written law.
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(4)
For the purposes of this section, “native community” means a group of persons, consisting of natives, in which native customary rights have been established under the Land Ordinance in respect of a particular area of land.
(5)
Any person who contravenes subsection (1) or (2) commits an offence and shall, upon conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.