Section 28 — Wild Life Protection Ordinance, 1998

(a)

to undertake or adopt such measures as he may deem necessary for the conservation of wild life or geological or physiographical features in the areas;

(b)

to take appropriate measures for the protection of any wild life and to ensure sufficient habitat for its survival; and

(c)

not to hunt, kill, trap, snare or capture any wild animal, or destroy, cut, collect, uproot or remove any wild plant, forest produce, soil, rock, peat, clay, minerals or any geological substrata.

(2)

Such order may relate to—

(a)

the prohibition, restriction or control of the burning, clearing, collecting, damaging or destruction of wild plants;

(b)

the restriction or control of removing or felling of timber or any forest produce;

(c)

the prohibition, restriction or control of hunting, killing, capturing, shooting, netting, trapping, snaring, fishing or taking of any wild animal;

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(d)

the preservation and protection of wild life or geological or physiographical features;

(e)

the exercise of any rights over the land;

(f)

the doing or abstaining from doing any act which in the opinion of the Minister is necessary for the conservation of wild life or geological or physiographical features of the land.

(3)

Before making an order under subsection (1), the Minister shall cause the Controller to—

(a)

make arrangement or agreement with the owner or occupier of the land with a view to compensation and to carry out all such works in respect of the land as may be necessary for the protection or conservation of its wild life or geological or physiographical features; the agreement may impose restrictions or obligations as respects the method of cultivating the land, its use for agriculture or forestry purposes or any other usage or the exercise of rights over the land; or

(b)

where it is not possible to come to an arrangement or agreement with the owner or occupier of the land, enforce the provisions of this section by serving on the owner or occupier of the land on whom the order is to be addressed a notice in writing setting out the measures to be taken as stated in the order and specifying the time (not being less than one month from the date of the giving of the notice) within which the manner in which representations or objections with respect thereto may be made to the Yang di-Pertua Negeri whose decision shall be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed or called into question in any court or before any other authority, judicial or otherwise, whatsoever.

(4)

The

Yang di-Pertua

Negeri shall consider any representations or objections duly made with or without modifications or direct that the order shall not be proceeded with.

(5)

Any order under subsection (1) shall specify—

(a)

the wild life or geological or physiographical features by reason of which the land is of special interest; and

(b)

any activities or operations appearing to the Minister to be likely to damage or cause harm to that wild life or geological or physiographical features.

(6)

Any owner or occupier of land who, without the permission in writing of the Minister or any officer authorized in writing in that behalf by the Minister, contravenes, fails or neglects to carry out any order made under subsection (1) or acts in breach of the provisions of an arrangement or agreement made under subsection (3), shall be guilty of an offence: Penalty, imprisonment for one year and a fine of two thousand ringgit or five times the sum which appears to the court to be the value of any wild life killed, captured, collected or damaged, or of any stone or other materials removed, whichever is the greater.

(7)

The Controller may pay to the owner or occupier of the land such compensation as may be agreed upon between the parties or, in default of such agreement, by submission of the matter to arbitration under the law relating to arbitration for the time being in force in Sarawak.