The
principal forestry law in Sabah is the
Forest Enactment 1968. The Forest Enactment
provides for the gazettement of forest
reserves, their use and management as
well as for control of cutting and removal
of forest produce from "State land"
(publicly owned land which is not a forest
reserve). The Land Ordinance deals with
alienation of State land whereas removal
(but not destruction) of forest produce
on alienated land is subjected to the
Forest Enactment. A separate enactment
deals with wildlife and parks.
The
Forest Enactment contains extensive provisions
for creation and abolition of forest reserves.
At present the area of forest reserves
gazetted under the Forest Enactment is
3.6 million hectares. The Enactment stipulates
that none of the listed reserves can be
de-reserved except when needed for a park
or a game or bird sanctuary.
Forest
Reserves may be declared on any State
Land (alienated land may be acquired for
the purpose, Forest Enactment of 1968,
Section 13) which is not already reserved
under a law. The declaration must classify
the reserve as one of the seven classes:
Protection, Commercial, Domestic, Amenity
Mangrove Forest, or Virgin Jungle Reserve.
The amendment to the Forest Enactment
in 1984 designated 132,653 hectares as
"Wildlife Reserve - Class VII".
The
procedure for reservation is provided
in Part II of the Enactment. Following
publication of a notice of intention to
constitute a reserve, an inquiry is conducted
before gazettement of the area concerned
as a forest reserve. The Yang Di Pertua
Negeri may also declare the reserve, setting
forth the "right and privileges which
he thinks just to admit or concede' (Section
12).
The
Forest Enactment has provision for forest
management. The main provisions are in
the form of prohibitions against conducting
most activities on Forest Reserves without
authorization. The conditions attached
to authorizations are then a principal
instrument of management. The power to
make regulations is also used for management.
It includes the power to authorize subsidies
for encouragement of forestry as well
to establish licence conditions, fees
and exemptions and to regulate or prohibit
the export of forest products and prescribe
fees for exports.
The
principal management measure applied in
Sabah is the minimum diameter for felling
commercial species. This is currently
60 centimeters for most species (Forest
Rules 1969 Rule 11, Schedule 1). It is
generally applied, but exceptions may
be granted and clear-felling has been
permitted for pulp wood supply.
The
harvesting of forest produce and logging
in State land and removal of forest produce
from private land are all subjected to
the Forest Enactment. There is no control
over logging on private land, as long
as the timber is not removed.
In
addition to forest utilization subject
to specific authorization, the Forest
Enactment provides for traditional uses.
The rights and privileges of traditional
uses are specified when a forest reserve
is declared. These rights and privileges
may not be granted, other than by succession,
without the Minister's consent. They are
subject to cancellation if they are not
exercised for three years, and the Yang
Di Pertua Negeri may at any time "rescind,
modify or add" to them (Section 14).
The holder of a right or privilege may
be required to obtain a free permit in
order to remove products from a reserve
(Rule 10). On State land (outside forest
reserves), several types of "native"
forest rights are recognized. Those "whose
ancestors have been, and who themselves
are dependent on shifting cultivation
in Sabah for subsistence" may clear
secondary growth for cultivation on land
which is not under licence or closed to
shifting cultivation (Rule 9). A native
may also take forest produce from State
land for the specified purposes of his
own use or that of his village (Section
41, Rule 9).
Fees
for forest produce are levied in part
under the Forest Rules and as a condition
of individual licences. The Rules provide
for three categories of royalty: on round
timber, timber for processing in Sabah,
and "converted timber".
In
addition to timber royalties there are
a number of fees for occupation of land
in a forest reserve (necessary for roads,
landings and camps; for operation of vehicles
and for processing plants).
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