Malaysia legislation
Section 10
Section 10
(1)
No proposal shall be submitted by the Minister to the Cabinet for the declaration of a Wildlife Sanctuary or for increase in the size of a Wildlife Sanctuary unless -
(a)
a notice of intention to make the proposal in Bahasa Malaysia and English containing details of the proposed Sanctuary or increase in the size of a Sanctuary and in particular an indication of the boundaries thereof which shall be as accurate as possible and inviting objections thereto and claims in respect of loss of rights likely to arise from the establishment of the Sanctuary within a period of ninety days has been published in the Gazette and posted at the office of the Collector within whose District the
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whole or any part of the proposed Sanctuary is situated and such other places as the Director shall decide;
(b)
the Minister has satisfied himself that all claims in respect of loss of rights have been investigated and settled by agreement or by determination of the Collector under subsection (3), or the High
Court under subsection (4); and
(c)
the Minister has taken into account the objections received in accordance with subsection (2).
(2)
Any person or group of persons who –
(a)
objects to the declaration of the proposed Wildlife Sanctuary; or
(b)
claims for the loss of any rights, may before the expiry of ninety days after the publication of the notice referred to in subsection (1) (a) give notice in writing stating the grounds of the objection or the rights claimed to the Collector referred to in subsection (1) who shall forthwith forward such objections or claims to the Director.
(3)
A claim in respect of loss of rights may be settled by agreement between the Director and the claimant failing which the claimant may refer the claim to the
Collector referred to in subsection (1) for determination.
(4)
Any person aggrieved by the decision of the Collector may appeal to the
High Court within thirty days of the notification of the decision of the Collector.
(5)
The Minister, if he considers that the public interest so requires, may order a public enquiry to be held by the Collector in the District or one of the Districts in which the area to be declared a Wildlife Sanctuary is situated at which the objectors may publicly state their objections and the Minister shall be represented and shall have a right of reply.
(6)
A comprehensive report containing a record of objections and claims and a record of any public enquiry that may have been held under subsection (5) shall be laid before the Cabinet at the same time as the relevant proposal for the declaration of a
Wildlife Sanctuary.
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Cessation of alienation of land, cultivation and hunting.