Malaysia legislation

Section 2

of Sago and Nipah Development Board Ordinance, 2022

Section 2

In this Ordinance, unless the context otherwise requires—

“analyst” means an analyst appointed under section 55;

“authorized officer” means an officer of the Board authorized under section 40;

“Board” means the Sago and Nipah Development Board established under section 3;

“cess” means the cess imposed under section 27;

“Chairman” means the Chairman of the Board appointed under section 3(3)(a) and includes any person appointed by the

Minister to temporarily discharge the functions and duties of the

Chairman;

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

“Development Area” means the area of land declared as such by the Minister under Part IV, any designated area, area planted by smallholders or estate holdings, and includes all categories of land;

“Fund” means the Fund established under section 23;

“General Manager” means the General Manager of the

Board appointed under section 5 and includes any person for the time being so appointed to perform the duties of the General

Manager;

“Government” means the State Government of Sarawak;

“managing agent” means a person or corporation, or any management company appointed by the Board;

“member” means a member of the Board and includes a nominee member;

“Minister” means the Minister for the time being, charged with the responsibility for agriculture;

“Native Customary Land” has the meaning assigned to it in the Land Code [Cap. 81 (1958 Ed.)];

“nipah” means the species of palm of the genus Nypa which includes hybrids of these species, hybrids resulting from crossing of these species or hybrids with any other species or hybrids of plants, and new variety of these hybrids;

“nipah industry” means any activity which includes the planting of nipah palm, the processing and utilization of nipah, the production of nipah sap and the manufacturing of nipah products and its derivatives, and any services related thereto;

“nipah palm fruit” means the unprocessed fruit of the nipah palm whether in bunches or in loose form;

“nipah palm planting material” means nipah roots, nipah suckers, nipah seed and seedlings and nipah palm clones and any planting material related thereto;

“nipah product” means any product derived directly from the nipah palm or wholly or partly manufactured or derived from such product and includes nipah sap, nipah frond, nipah fruit, nipah sugar, nipah vinegar, nipah palm ethanol, nipah palm fibre, and nipah palm planting materials, and any matter related thereto;

“nipah sap” means sap whether in crude or processed form, originating or extracted from the mature fruit stalk (infructescence)

of fruiting head of the nipah fruit;

“nipah sugar” means the predominantly dry matter derived from sugar-rich sap of nipah;

“owner” for the purpose of this Ordinance means, in relation to land,―

(a)

the registered proprietor of the land as defined in section 2 of the Land Code [Cap. 81(1958 Ed.)];

(b)

any native lawfully occupying Native Customary

Land as defined in section 2 of the Land Code [Cap.

81(1958 Ed.)]; or

(c)

any person deemed a native under section 3(2) of the Ordinance or under section 9(1)(d) of the Land Code

[Cap.81(1958 Ed.)] for the purpose of holding, dealing, occupying or developing any Native Area Land, or any

Native Customary Land which is to be issued with title, within a Development Area;

“research finding” means any invention, innovation and includes improvements in any process, apparatus, machine or technique as a result of research and development activities;

“sago” means the species of palm of the genus Metroxylon which is a starch bearing genus of palm and includes hybrids of these species, hybrids resulting from crossing of these species or hybrids with any other species or hybrids of plants, and new variety of these hybrids, which is planted and shall exclude wild sago;

“sago industry” means any activity which includes the planting of sago palm, the processing and utilization of sago, the

production of sago starch and the manufacturing of sago products and its derivatives, and any services related thereto;

“sago log” means the unprocessed sago trunk that has been cut into unspecified dimension;

“sago palm planting material” means sago suckers, sago seedlings, sago clones and any planting material related thereto;

“sago product” means any product derived directly from the sago or wholly or partly manufactured or derived from such product and includes sago trunk, sago log, sago frond, sago bark, sago starch, sago roots, sago suckers, sago palm planting materials, sago palm fibre and any matter related thereto;

“sago starch” means starch, whether in crude or processed form, originating or extracted from the pith of sago trunk;

“sago trunk” means the harvested and unprocessed sago palm; and

“State land” has the meaning assigned to it in the Land Code

[Cap. 81 (1958 Ed.)].

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