Malaysia legislation
Section 9
Section 9
(1)
If the Minister, after consultation with the Director, considers that it is necessary in an area to –
(a)
protect nature and maintain wildlife habitats and natural processes in an undisturbed state;
(b)
ensure the maintenance of biodiversity values; or
(c)
ensure the conditions necessary to protect significant species of animals or plants, biotic communities or genetic resources, he may place a proposal before the Cabinet recommending that the Yang di-Pertua
Negeri be advised that the area be declared a Wildlife Sanctuary.
(2)
The proposal provided for under subsection (1) shall include –
(a)
as accurate a description as possible of the area and the boundaries of the proposed Sanctuary;
(b)
an assessment of the fauna and flora and other biodiversity values of the proposed Sanctuary;
(c)
particulars of the native or traditional rights that will continue to be exercisable after the coming into effect of the declaration of the proposed Sanctuary; and
(d)
a summary of the consultations held with relevant Government agencies and a summary of the representations made by
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persons and communities likely to be affected by the declaration of the proposed Sanctuary.
(3)
The Minister may at any time after publication in the Gazette of the notice provided for in subsection 10 (1) (a), publish a notice in the Gazette declaring that he has abandoned his intention to place a proposal before the Cabinet.
(4)
When a notice of abandonment has been published in accordance with subsection (3) it shall also be posted in like manner as a notice of intention under section 10 (1) (a).
(5)
Section 11 shall cease to apply upon publication of a notice under subsection (3).
(6)
The declaration of an area as a Wildlife Sanctuary shall be made by the
Yang di-Pertua Negeri by notice published in the Gazette which shall state the date upon which the declaration shall come into effect.
(7)
No Wildlife Sanctuary shall be revoked, reduced in size or have its boundaries altered except by resolution of the Legislative Assembly.
(8)
From the date an area is declared a Wildlife Sanctuary under this section, no land may be alienated and no other grants may be made to any person in that
Wildlife Sanctuary and no rights shall have effect therein except in accordance with this
Enactment.
Consultation and compensation procedures.