Section 65 — Sabah Inland Fisheries And Aquaculture Enactment 2003

(1)

If the Minister, after consultation with the Director, considers that it is necessary

(a)

afford special protection to the aquatic life of such area or part thereof and to protect, preserve and manage the natural breeding grounds and habitat of fish populations and aquatic life, with particular regard to species of rare or endangered aquatic life;

(b)

preserve and enhance the pristine state and productivity of such area or part thereof;

(c)

ensure the maintenance of biodiversity values;

(d)

ensure the conditions necessary to protect significant species of aquatic life or plants, biotic communities or genetic resources;

(e)

allow for the natural regeneration of aquatic life in such area or part thereof where such aquatic life has been depleted;

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(f)

promote scientific study and research in respect of such area or part thereof; and

(g)

regulate recreational and other activities in such area or part thereof to avoid irreversible damage to its environment, the Minister shall place a proposal before the Cabinet recommending that an area or part of an area in riverine waters be declared as a fish sanctuary.

(2)

The proposal provided for under subsection (1) shall include –

(a)

as accurate as possible the description of the area and the boundaries of the proposed fish sanctuary;

(b)

an assessment of the fauna and flora and other biodiversity values of the proposed fish sanctuary;

(c)

particulars of the customary rights that will continue to be exercisable after the coming into effect of the declaration of the proposed fish sanctuary;

and

(d)

a summary of the consultations held with relevant Government agencies and a summary of the representations made by persons and communities likely to be affected by the declaration of the proposed fish sanctuary.

(3)

For the purpose of subsection (1), the Director shall, by notification in the

Gazette, publish a notice of intention to declare an area or part of an area to be a fish sanctuary.

(4)

Upon the approval and recommendation of the Cabinet, the Yang di-Pertua

Negeri may, by notification in the Gazette, declare an area or part of an area in riverine waters to de declared as a fish sanctuary.

(5)

Any person affected by the proposed fish sanctuary may make claims within a period of ninety days from the date of publication of the notification in the Gazette.

(6)

Any such claims and the amount of compensation payable shall be determined in accordance with the procedure specified in the Land Acquisition Ordinance [Cap. 69].

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(7)

No fish sanctuary shall be revoked, reduced in size or have its boundaries altered except by resolution of the Legislative Assembly.

No alienation of land, cultivation or construction upon publication in the Gazette for a fish sanctuary.