"assessment"   means a statement in writing addressed to any person specifying the amount of any royalty, premium, cess, charges or other sum of money payable to the State Authority by the person to whom the statement is addressed;

  "boundary mark"   includes any survey stone, iron pipe or spike, wooden peg or post, concrete post or pillar, marked tree or other survey mark caused to be made by the Director;

  "cattle"   includes elephant, buffalo, horse, pony, mule, ass, pig, sheep and goat;

  "closed forest"   means any permanent reserved forest or part thereof declared or deemed to be a closed forest under section 45;

  "conversion plant"   means any plant, factory or pr

3 PART II ADMINISTRATION-3. Appointment of officers.

(1) For the purposes of this Act, the State Authority may appoint a State Director of Forestry and so many Deputy State Directors of Forestry, Assistant State Directors of Forestry, District Forest Officers, Assistant District Forest Officers and other officers as may be necessary.

(2) The appointments of the State Director of Forestry, Deputy State Director of Forestry, Assistant State Director of Forestry, District Forest Officer and, Assistant District Forest Officer and other officers as may be necessary shall be published in the Gazette .

[Am. Act A864]

4 PART II ADMINISTRATION-4. Duties of the Director.

The Director shall-

(a) be responsible to the State Authority for the due administration within the State of the provisions of this Act;

(b) cause to be prepared and implemented State forest management plans which shall prescribe the allowable cut either in terms of volume or area, in accordance with the principle of sustained yield;

(c) cause to be prepared and implemented reforestation plans;

(d) cause to be reviewed from time to time the State forest management plans and reforestation plans prepared under paragraphs (b) and (c) respectively;

(e) cause to be prepared and implemented programmes relating to amenity forests;

(f) cause to be prepared an annual report on the activities of the State Forestry Department during the preceding financial year and submit such report to the State Authority and the Director General o

5 PART II ADMINISTRATION-5. Delegation of power by Director.

(1) The Director may, delegate in writing, subject to such conditions and restrictions as may be prescribed in the instrument of delegation, the exercise and performance of-

(a) any power or duty conferred or imposed on him under this Act to any forest officer not below the rank of Assistant District Forest Officer; and

[Subs. Act A864]

(b) any power or duty conferred or imposed on him under section 88, 89, 90, 91, 92 or 93 to any member of the armed forces:

Provided that a delegation to any member of the armed forces under section 88 shall not include the power of investigation.

(2) Any delegation under this section with respect to any power or duty shall not prevent the Director from himself exercising that power or performing that duty in any case where it appears to him expedient to do so.

6 PART II ADMINISTRATION-6. Delegation of powers of State Authority to Director.

The State Authority may, by notification in the Gazette , delegate to the Director the exercise or performance (subject to such conditions and restrictions as may be prescribed in the notification) of any power or duty conferred or imposed on the State Authority under this Act:

Provided that-

(a) this section shall not apply to any power of the State Authority under this Act to make rules; and

(b) the giving of a notification under this section with respect to any power or duty shall not prevent the State Authority from itself exercising that power or performing that duty in any case where it appears to the State Authority expedient to do so.

7 PART III PERMANENT RESERVED FORESTS Chapter 1 Constitution of Permanent Reserved Forests-7. Power to constitute permanent reserved forests.

(1) The State Authority may constitute any land a permanent reserved forest by publishing in the Gazette a notification-

(a) specifying the situation and extent of such land; and

(b) declaring that such land shall be a permanent reserved forest from a date fixed by the notification.

(2) From the date so fixed, such land shall be a permanent reserved forest.

8 PART III PERMANENT RESERVED FORESTS Chapter 1 Constitution of Permanent Reserved Forests-8. Existing reserved forests deemed to be permanent reserved forests.

Any land which has been constituted a reserved forest under any previous forest law shall be deemed to be a permanent reserved forest.

9 PART III PERMANENT RESERVED FORESTS Chapter 1 Constitution of Permanent Reserved Forests-9. Acquisition of land to be constituted a permanent reserved forest.

If the State Authority considers it expedient to constitute any land, not being a State land or reserved land or land vested in the State Authority, a permanent reserved forest, it may cause such land to be acquired in accordance with any written law relating to the acquisition of land for a public purpose for the time being in force in the State and any declaration required under such written law may be made, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

10 Chapter 2 Classification of Permanent Reserved Forests-10. Director to classify permanent reserved forests.

(1) The Director, with the approval of the State Authority, shall by notification in the Gazette , classify every permanent reserved forest under one or more of the following classifications which shall be descriptive of the purpose or purposes for which the land is being or intended to be used:

(a) timber production forest under sustained yield;

(b) soil protection forest;

(c) soil reclamation forest;

(d) flood control forest;

(e) water catchment forest;

(f) forest sanctuary for wild life;

(g) virgin jungle reserved forest;

(h) amenity forest;

(i) education forest;

(j) research forest;

(k) forest for federal purposes.

(2) For the purposes of subsection (1), any permanent reserved forest may be divided into several parts and e

11 Chapter 3 Excision of Land from Permanent Reserved Forests-11. State Authority may excise land from permanent reserved forest.

(1) The State Authority, if satisfied that any land in a permanent reserved forest-

(a) is no longer required for the purpose for which it was classified under section 10; and

(b) is required for economic use higher than that for which it is being utilised,

may excise such land from the permanent reserved forest.

12 Chapter 3 Excision of Land from Permanent Reserved Forests-12. State Authority to replace land excised from permanent reserved forest.

[Am. Act A864]

Where any land is excised under section 11 the State Authority shall, wherever possible and if it is satisfied that it is in the national interest so to do having regard to-

(a) the need for soil and water conservation, biodiversity and other environmental consideration;

(b) the need to sustain timber production in the State in order to meet the requirements of the forest industry;

(c) the economic development of the State; and

(d) the availability of suitable land,

constitute in accordance with section 7 an approximately equal area of land a permanent reserved forest.

13 Chapter 3 Excision of Land from Permanent Reserved Forests-13. State Authority to notify in the Gazette any excision of land from permanent reserved forest.

(1) Whenever any land is excised from a permanent reserved forest, the State Authority shall cause to be published in the Gazette a notification-

(a) specifying the situation and extent of such land;

(b) declaring that such land shall cease to be a permanent reserved forest from a date fixed by the notification.

(2) From the date so fixed, such land shall cease to be a permanent reserved forest.

14 PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter 1 Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land-14. All forest produce property of the State Authority.

All forest produce situate, lying, growing or having its origin within a permanent reserved forest or State land shall be the property of the State Authority except where the rights to such forest produce have been specifically disposed of in accordance with the provisions of this Act or any other written law.

15 PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter 1 Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land-15. Prohibition on taking of forest produce from permanent reserved forest or State land unless licensed, etc.

(1) No person shall take any forest produce from a permanent reserved forest or a State land except-

(a) under the authority of a licence, minor licence or use permit; or

(b) in accordance with any other written law.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred thousand ringgit and to imprisonment for a term which shall not be less than one year but shall not exceed twenty years.

[Am. Act A864]

(3) Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be ordered to pay, in respect of any forest produce unlawfully taken, to the State Authority-

[Subs. Act A864]

(a) a sum not exceeding ten times the royalty, premium and cess;

16 PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter 1 Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land-16. Power to issue licences, use permits, etc., by way of tenders, agreement, etc.

Any permission-

(a) to take forest produce from a permanent reserved forest or State land by way of licence or minor licence; or

(b) to occupy or carry out any activity upon any land in a permanent reserved forest by way of a use permit, may be granted by the State Authority-

(aa) after it has caused to be invited tenders in respect thereof;

(bb) after it has negotiated an agreement in respect thereof; or

(cc) in such other manner or by such other process as it may deem fit in the circumstances of any particular case.

17 PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter 1 Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land-17. Buildings to vest in State Authority on determination of licences, etc.

(1) On the determination of any licence, minor licence or use permit issued under this Act or any previous forest law, there shall, subject to subsection (3), vest in the State Authority all buildings on the land (by whomsoever erected) other than any of temporary construction and capable of removal.

(2) Subject to subsection (3), no compensation shall be payable by the State Authority in respect of any building vesting in it pursuant to this section.

(3) Subsections (1) and (2) shall have effect subject to any provision to the contrary in the licence or permit.

18 PART IV FOREST MANAGEMENT AND DEVELOPMENT Chapter 1 Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land-18. Power of State Authority to vary provisions or extend time.

The State Authority may-

(a) vary or rescind any provision contained in any licence, minor licence, use permit or removal licence issued under this Act or the provisions of any previous forest law, where satisfied that compliance therewith is impossible or that great hardship would otherwise accrue to the licensee or holder of the minor licence, removal licence or use permit, as the case may be; and

(b) to extend on such terms as the State Authority may think fit to impose, the time within which any act is required to be done by any provision of this Act.

19 Chapter 2 Licences-19. Power to license the taking of forest produce from permanent reserved forest or State land.

The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the taking of forest produce under licence from any permanent reserved forest or State land.

20 Chapter 2 Licences-20. Requirements to be satisfied by applicants.

Unless otherwise exempted by the State Authority, before any licence is issued, the Director shall require the applicant to do any or all of the following:

(a) to demarcate on the ground the area or part thereof covered by the licence, the situation and extent of which shall be determined by the Director in accordance with the provisions of the licence, within which operations will be carried out by the applicant on becoming a licensee;

(b) to prepare-

(i) a forest management plan or forest harvesting plan; and

(ii) a reforestation plan in the manner to be specified by the Director;

(c) to register with the Director a property mark which is approved by the Director.

21 Chapter 2 Licences-21. Durations, conditions and forms of licence.

(1) Except in so far as it is otherwise prescribed, every licence shall be issued for a term of twelve months from the date of issue thereof, and, subject to section 22, may be renewed from time to time.

(2) Every licence shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed.

(3) Every licence shall be in Form 1 and, in the case of renewal of such licence, it shall be endorsed with a note of such renewal and the date of its intended expiry.

22 Chapter 2 Licences-22. Renewal of licences.

(1) Licences may, subject to any contrary direction by the State Authority and to any rules, be renewed on behalf of the State Authority by the Director.

(2) Every application for the renewal of a licence shall be submitted to the Director not later than thirty days before the expiry thereof.

(3) If the Director approves the application, he may renew the licence for a term not exceeding six months, and in so renewing may vary, delete or add to the provisions contained therein.

23 Chapter 2 Licences-23. Licences not capable of transfer or assignment.

(1) Except as provided in subsections (2) and (3), a licence shall not be capable of transfer or assignment and every licence shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof.

(2) A licence issued to a statutory body may be transferred or assigned with the prior written consent of the State Authority.

(3) The State Authority may, in the event of the death or incapacity of the person for the time being the holder of a licence, authorize the transfer or assignment of the licence.

24 Chapter 2 Licences-24. Forest management plan, forest harvesting plan, etc., to be carried into effect.

(1) A licensee who has been required under section 20 to prepare-

(a) a forest management plan or forest harvesting plan, as the case may be; and

(b) a reforestation plan,

shall, from a date to be appointed by the Director, carry them into effect to the satisfaction of the Director.

(2) Where a licensee, without reasonable excuse, fails to carry into effect a reforestation plan to the satisfaction of the Director, the Director may in addition to revoking the licence, require the licensee to pay forthwith to the State Authority a sum equivalent to the amount that would be incurred by the State Authority if it were to undertake or to engage any person to carry into effect the plan, such amount to be assessed by the Director in accordance with the guidelines and rates which the State Authority may prescribe.

25 Chapter 2 Licences-25. Director may order licensee to cease operations where there has been a contravention of the Act or licence.

(1) Where the Director has reason to believe that a licensee has contravened any of the provisions of this Act or of a licence, he may, by serving a notice in Form 2 on such licensee, order such licensee, his servants and agents to cease immediately all operations in the licence area or any part thereof.

(2) Any person who fails to comply with a Form 2 notice shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment; and if the offence is a continuing one, to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence has continued.

[Am. Act A864]

26 Chapter 2 Licences-26. Director may cancel Form 2 notice.

The Director may at any time cancel a Form 2 notice if he considers it just or expedient to do so.

27 Chapter 2 Licences-27. Suspension and revocation of licence following service of Form 2 notice.

(1) Save where the Form 2 notice is sooner cancelled under section 26, the Director shall within sixty days of the service thereof, require the licensee named in the notice to appear before him and to show cause as to why his licence should not be suspended or revoked.

(2) A person called upon to show cause under subsection (1) shall be supplied by the Director with particulars in writing of the contravention alleged against him, and he may appear in person or be represented by any person authorized by him in writing.

(3) If after the hearing the Director is satisfied that the licensee has contravened any of the provisions of this Act or of the licence, he may-

(a) revoke the licence; or

(b) suspend the licence for such period as he may determine.

(4) A person aggrieved by any decision of the Director under subsection (3) may, within thirty days of the receipt by him o

28 Chapter 3 Minor Licences-28. Power to permit the taking of forest produce by way of minor licence.

The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the taking under licence (to be known as minor licence) of any major forest produce not exceeding seventy cubic metres or any minor forest produce from any-

(a) permanent reserved forest; or

(b) State land.

29 Chapter 3 Minor Licences-29. Issuance of minor licences by Director.

Minor licences may, subject to any contrary direction by the State Authority and to any rules, be issued or renewed on behalf of the State Authority by the Director.

30 Chapter 3 Minor Licences-30. Durations, conditions, etc., and form of minor licences.

(1) Except in so far as it is otherwise prescribed, every minor licence shall be issued for a term expiring not later than the end of the calendar year in which it commences, and, subject to subsection (3), may be renewed from time to time.

(2) Every minor licence shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed.

(3) The Director may, on the application of a holder of a minor licence made not later than thirty days before the expiry thereof, renew the minor licence for a term of not more than six months, and when renewing a minor licence, the Director may vary, delete or add to the provisions contained therein.

(4) Every minor licence shall be in Form 3 and in the case of renewal of such licence it shall be endorsed with a note of such renewal and the date of its intended expiry.

31 Chapter 3 Minor Licences-31. Minor licences not capable of transfer or transmission on death.

A minor licence shall not be capable of assignment; and every minor licence shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof.

32 Chapter 4 Use Permits-32. Occupations of, or carrying out activities upon, permanent reserved forest prohibited.

(1) Subject to subsection (3), no person shall occupy or carry out any activity upon any land within a permanent reserved forest, unless he is the holder of a use permit.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

(3) Subsection (1) shall not apply to the occupation of, or the carrying out of any activity upon, any land in a permanent reserved forest if such act or activity is-

(a) the exercise of a right conferred or the performance of a duty imposed by any licence, minor licence, entry permit or road permit; or

(b) authorized or required to be done under this Act.

33 Chapter 4 Use Permits-33. Power to permit the occupation of, or the carrying out of activities in, permanent reserved forests.

(1) The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the occupation, of or the carrying out of any activity upon, any land in a permanent reserved forest.

(2) Permits to occupy or carry out any activity upon any land within a permanent reserved forest issued by the State Authority under subsection (1) shall be known as use permits.

34 Chapter 4 Use Permits-34. Issuance of use permits by Director.

Use permits may, subject to any contrary direction by the State Authority and to the provisions of any rules, be issued or renewed on behalf of the State Authority by the Director for the carrying out of any of the following activities:

(a) research;

(b) education or training;

(c) recreation;

(d) use of water resources except the construction or operation of hydro-electric dams;

(e) cultivation of vegetables and fodder crops;

(f) establishment of conversion plants;

(g) establishment of logging infrastructures.

35 Chapter 4 Use Permits-35. Use permits not to be issued for the purpose of taking forest produce.

Nothing in this Chapter shall be constructed as authorizing the issue of a use permit for the purpose of permitting the holder thereof to take forest produce from a permanent reserved forest, however a use permit issued may contain a provision permitting the holder thereof to take forest produce from the area specified in the permit if-

(a) the taking of such forest produce is incidental to or necessary for the purpose for which the use permit is issued; or

(b) such forest produce is, under the use permit, allowed to be grown by the holder thereof.

36 Chapter 4 Use Permits-36. Duration, conditions, etc., and form of use permits.

(1) Except in so far as it is otherwise prescribed every use permit shall be issued for a term expiring not later than the end of the calendar year in which it commences, and, subject to subsection (3), may be renewed from time to time.

(2) Every use permit shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed.

(3) The Director may, on the application of a holder of a use permit made not later than thirty days before the expiry thereof, renew the use permit for a term of not more than one calendar year, and when renewing a use permit, the Director may vary, delete or add to the provisions contained therein.

(4) Every use permit shall be in Form 4 and, in the case of renewal of such use permit, it shall be endorsed with a note of such renewal and the date of its intended expiry.

37 Chapter 4 Use Permits-37. Use permits not capable of transfer or transmission on death.

A use permit shall not be capable of assignment; and every use permit shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof.

38 Chapter 4 Use Permits-38. Use permit may be suspended or revoked.

A use permit may be suspended or revoked in the manner and to the extent provided in sections 25, 26 and 27 as if a use permit were a licence referred to in those sections.

39 Chapter 4 Use Permits-39. Movable property remaining on land on expiration of use permit.

Any movable property brought upon the land covered by a use permit may be removed by the owner thereof during the term of the use permit, but if any movable property remains on such land for more than ninety days after the expiry or revocation of the permit, the Director may dispose of the property in such manner as he considers fit, and may recover from the owner thereof or the holder of the use permit such expenses as are incurred by him in disposing of such property.

40 Chapter 5 Removal Licence-40. Removal licence is required for the removal of forest produce from certain land.

(1) No person shall remove any forest produce from any-

(a) alienated land;

(b) land held under a temporary occupation licence;

(c) mining land; or

(d) reserved land,

unless he is the holder of a removal licence.

(2) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred thousand ringgit and to imprisonment for a term which shall not be less than one year but shall not exceed twenty years.

[Am. Act A864]

(2A) Any person convicted of an offence under this section may, in addition to any penalty imposed on the conviction, be ordered to pay, in respect of any forest produce unlawfully taken, to the State Authority-

(a) a sum not exceeding ten times the royalty, premium and cess;

(b)

41 Chapter 5 Removal Licence-41. Power to permit removal of forest produce.

The State Authority may, in accordance with the provisions of this Chapter and of any rules, permit the removal under licence (to be known as removal licence) of any forest produce from any-

(a) alienated land;

(b) reserved land;

(c) mining land; or

(d) land held under a temporary occupation licence.

42 Chapter 5 Removal Licence-42. Issuance of removal licences by Director.

(1) Removal licences may, subject to any contrary direction by the State Authority and to any rules, be issued on behalf of the State Authority by the Director.

(2) A removal licence shall only be issued-

(a) in the case of alienated land, to the owner of the land or with his consent to any other;

(b) in the case of land held under temporary occupation licence, to the holder of the licence or, with his consent, to any other person;

(c) in the case of a mining land, to the person to whom the mining lease or certificate has been granted or issued or, with his consent, to any other person; or

(d) in the case of reserved land-

(i) to the person who is designated under the National Land Code as the officer for the time being having the control of the reserved land or, with his consent, to any other person; or

(ii) if such land has been lease

43 Chapter 5 Removal Licence-43. Durations, conditions, etc., and form of removal licences.

(1) Except in so far it is otherwise provided, every removal licence shall be issued for a term not exceeding six months from the date of issue thereof.

(2) Every removal licence shall have effect subject to such provisions as may be contained therein and, so far as not inconsistent therewith, to any other provisions which may be prescribed.

(3) Every removal licence shall be in Form 5.

44 Chapter 5 Removal Licence-44. Removal licences not capable of transfer or transmission on death.

A removal licence shall not be capable of assignment; and every removal licence shall terminate on the death of the person, or dissolution of the body, for the time being the holder thereof.

45 Chapter 6 Entry into Permanent Reserved Forest-45. Power to declare permanent reserved forest or open forest or closed forest.

The State Authority may, by notification in the Gazette , declare any permanent reserved forest or part thereof to be an open forest or a closed forest, and until a permanent reserved forest or part thereof has been so declared to be an open forest it shall be deemed to be a closed forest.

46 Chapter 6 Entry into Permanent Reserved Forest-46. State Authority to consider protection of the forest and needs of the public, etc.

In exercising the powers under section 45, the State Authority shall give due consideration to the necessity of protecting the forest and the environment and to the recreational and other needs of the public.

47 Chapter 6 Entry into Permanent Reserved Forest-47. No entry into closed forests with certain exceptions.

(1) No person shall enter any closed forest except-

(a) a licensee, his servants or agents, but only for the purpose of exercising the rights granted by the licence;

(b) a forest officer or a person authorized by any other written law, but only for the purposes of carrying out the functions for which he is appointed or authorized.

(c) a person holding a permit to enter permanent reserved forest, but only for the period stated in the permit;

(d) a holder of a use permit, his servants and agents, but only for the purpose of exercising the rights granted by the use permit; and

(e) any other person authorized in writing by the Director but only for the purpose authorized.

(2) An entry permit may only be issued by the Director or by a forest officer authorized by the Director to issue the same.

(3) Every entry permit shall be in Fo

48 Chapter 6 Entry into Permanent Reserved Forest-48. Power to suspend rights of entry.

The Director or any officer authorized to issue entry permits may suspend the right of entry of any of the persons referred to in paragraphs (a) , (c) and (d) of section 47-

(a) if he has reasonable cause to suspect that there has been a breach of-

(i) any of the provisions of this Act; or

(ii) any of the provisions of a licence, minor licence, use permit, entry permit or road permit; or

(b) if there has been an occurrence of an event or condition or fire or other hazard that may endanger the forest.

49 Chapter 6 Entry into Permanent Reserved Forest-49. Power to limit rights of entry into open forest.

The Director may impose such conditions and restrictions as he considers fit on the rights of entry into an open forest of any person or class of persons.

50 Chapter 7 Roads in Permanent Reserved Forests and Licence Areas-50. Use of forest roads without road permit prohibited.

(1) No person shall use any motor vehicle on any forest road unless he is the holder of a road permit issued by the Director.

(2) Every road permit shall be in Form 7.

(3) The Director may exempt any person or class of persons from subsection (1).

(4) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.

[Am. Act A864]

(5) In this section, "motor vehicle" means every description of vehicle propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer.

51 Chapter 7 Roads in Permanent Reserved Forests and Licence Areas-51. Director may construct forest roads.

The Director may cause to be constructed or maintained such forest roads as he considers necessary for the purposes of this Act.

52 Chapter 7 Roads in Permanent Reserved Forests and Licence Areas-52. Licensee to construct and maintain roads.

A licensee shall, in and about the licence area, construct at his own expense all roads that are prescribed in the forest management plan or forest harvesting plan or required by the Director to be constructed; and such roads, together with any other roads that are already in existence at the time of obtaining the licence, shall be constructed, maintained and, upon the expiry of the licence, left, in accordance with the forest management plan or timber harvesting plan or requirements prescribed by the Director, as the case may be.

53 Chapter 7 Roads in Permanent Reserved Forests and Licence Areas-53. Licensee entitled to use roads constructed or maintained by him.

A licensee who constructs or maintains a road under section 52, his servants and agents, shall be entitled to the use of such road for the purpose of taking forest produce from his licence area and, except as may be provided under section 54, he shall not levy any charge or toll for the use of such road by other persons.

54 Chapter 7 Roads in Permanent Reserved Forests and Licence Areas-54. Director may require user of forest roads to pay toll to licensee.

Where in respect of a forest road constructed or maintained by a licensee under section 52 the Director, under subsection (1) of section 50, permits the use of such road by a person other than the licensee, his servants or agents, the Director may direct that such person pay a toll to the licensee at such rate as the Director may determine for the use of such road, provided that the Director shall not be liable for any non-payment of any toll to the licensee by such person.

55 Chapter 7 Roads in Permanent Reserved Forests and Licence Areas-55. Non-liability of the Director or State Authority for lack of repair of forest roads.

Within a permanent reserved forest or a licence area, neither the State Authority nor the Director is under any duty to repair or maintain any road or to erect signs warning of any conditions or hazards thereon, and is not liable for any injury or death to any person or damage to any property caused by the condition or the standard of construction or maintenance of such road.

56 Chapter 8 Forest Development Fund-56. Establishment and administration of the Forest Development Fund.

(1) The State Authority shall establish a fund to be known as the "Forest Development Fund" (hereinafter referred to as the "Fund").

(2) The Fund shall be administered by a committee to be known as the "Forest Development Fund Committee" (hereinafter referred to as the "Committee") consisting of-

(a) the State Secretary, as Chairman;

(b) the State Financial Officer; and

(c) the Director.

57 Chapter 8 Forest Development Fund-57. Moneys to be paid into the Fund.

(1) There shall be paid into the Fund-

(a) such sum as shall be annually appropriated by the State Legislative Assembly necessary for the purposes of the Fund for the following financial year;

(b) the forest development cess collected under section 60;

(c) any loan or grant given to the State Authority by the Federal Government for the purposes of the Fund;

(d) any money paid to the State Authority under subsection (2) of section 24; and

(e) all moneys collected under any previous forest law by the State Authority for the purpose of financing research on forestry, silviculture works, forest surveys, inventory and other related operations connected with forest development in the State, which remains un-expended.

(2) All moneys paid into the Fund shall-

(a) be deposited in Bank Negara Malaysia or in any ban

58 Chapter 8 Forest Development Fund-58. Purposes of the Fund.

The Fund shall be used for the followed purposes:

(a) the preparation of the State forest management plans required under paragraph (b) of section 4;

(b) the preparation and implementation of reforestation plans required under paragraph (c) of section 4;

(c) the reviewing of the State forest management plans and reforestation plans required under paragraph (d) of section 4;

(d) the preparation and implementation of programmes relating to amenity forests required under paragraph (e) of section 4; and

(e) any expenses incurred by the State Authority in carrying into effect a reforestation plan under section 24.

59 Chapter 8 Forest Development Fund-59. Accounts and audit.

(1) The Committee shall keep proper accounts and other records in respect of the operations of the Fund, and shall cause to be prepared a statement of accounts in respect of each financial year.

(2) The Committee shall cause its accounts to be audited annually by the Auditor-General.

(3) As soon as the accounts of the Committee have been audited, but not later than six months after the end of the financial year, the Committee shall cause a copy of the audited statements of accounts to be transmitted to the State Authority together with a copy of any observations made by the Auditor-General on the statement or on the accounts of the Committee.

(4) The Menteri Besar or Chief Minister, as the case may be, shall cause a copy of the statement and observations transmitted to the State Authority under subsection (3) to be laid before the State Legislative Assembly.

60 Chapter 8 Forest Development Fund-60. Forest development cess.

(1) For the purposes of the Fund, there shall be payable to the State Authority a cess (to be known as forest development cess) in respect of any of the forest produce, specified in the Third Schedule, removed from any permanent reserved forest, State land, reserved land, mining land or alienated land, at the rate prescribed in that Schedule.

(2) The State Authority may, by order,-

(a) prescribe the manner of collection of such cess; and

(b) amend the Third Schedule.

(3) Subsection (1) shall not apply to the removal of forest produce by a licensee who has been required to carry into effect a reforestation programme under section 24.

61 PART V ROYALTY AND PREMIUM Chapter 1 Royalty-61. Royalty payable to State Authority.

Royalty shall be payable to the State Authority in respect of all forest produce taken at the rates laid down in the royalty rate list as published in the Gazette by the State Authority.

62 PART V ROYALTY AND PREMIUM Chapter 1 Royalty-62. Power to remit, commute or waive royalty.

(1) Notwithstanding section 61, the State Authority may reduce, commute or waive any royalty in respect of, or exempt from royalty, any forest produce or class of forest produce taken.

(2) Subject to any contrary direction by the State Authority, the Director may reduce, commute or waive any royalty in respect of, or exempt from royalty,-

(a) any forest produce or class of forest produce for the following purposes:

(i) for scientific, or other non-commercial purposes;

(ii) to encourage the utilisation of various dimensions and species of forest produce having little or no market demand and which would otherwise be uneconomical to take;

(iii) to encourage the taking of forest produce damaged by fire, pest, disease or other causes;

(iv) for the construction of forest roads or any work of public utility;

(b) any forest produce or class of fore

63 PART V ROYALTY AND PREMIUM Chapter 1 Royalty-63. Failure to cut and remove forest produce.

(1) Where any forest produce required under the licence to be cut and removed is not cut before the expiry of the licence, or is not removed within thirty days upon the expiry of the licence, or is damaged or destroyed by reason of the operations conducted in or about the licence area, the Director may issue an assessment against the licensee thereof in an amount up to three times the royalty, premium, cess and other charges and any such forest produce which has been cut but not removed shall become the property of the State Authority free from all encumbrances, notwithstanding that royalty, premium, cess or other charges have been paid with respect to such forest produce to the State Authority.

(2) An assessment under subsection (1) shall be based upon an inspection of the licence area by a forest officer made within three months, or such longer period as the Director may allow, of the expiry of the licence.

(3) Any person aggrieved by

64 Chapter 2 Marking of Forest Produce-64. Director to maintain register of property marks.

The Director shall maintain a register of all property marks and the register shall contain-

(a) particulars of each property mark registered;

(b) the name of the licensee concerned; and

(c) a description of the licence and the licence area.

65 Chapter 2 Marking of Forest Produce-65. Licensee to mark forest produce.

(1) Unless otherwise prescribed, a licensee shall cause to be marked all forest produce taken from the licence area in accordance with any rules.

(2) Any forest produce not marked as required by subsection (1) shall, until the contrary is proved, be deemed to be the property of the State Authority.

66 Chapter 3 Measurement of Forest Produce-66. Place of measurement of forest produce removed from licence area.

(1) All forest produce in respect of which royalty, premium, cess or other charges are payable to the State Authority shall be measured by a forest officer prior to its removal from the licence area upon which it is taken or, if the licence under which it is taken provides otherwise, then such measurement shall be made at the place and time specified in the licence.

(2) Where it is provided in the licence that the forest produce shall be measured at a place outside the licence area, the Director may specify the route by which the forest produce shall be transported to such place for the purpose of measurement.

(3) Notwithstanding subsection (1) or (2), the Director may, at any time, specify a place or time for the measurement, or prescribe a route for the transportation, of forest produce other than the place, time or route specified in subsection (1) or (2).

(4) Any person-

(a) who removes any fore

67 Chapter 3 Measurement of Forest Produce-67. Place of measurement of forest produce removed from alienated land and mining land.

(1) Any forest produce removed from any-

(a) alienated land;

(b) reserved land;

(c) mining land; or

(d) land held under a temporary occupation licence, shall, if royalty is payable on such forest produce, be taken to a place specified in the removal licence or to such place as the Director may specify, for the measurement of such produce.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

68 Chapter 4 Possession of Forest Produce-68. Removal pass.

(1) No person shall have in his possession, custody or control any forest produce unless he is in possession of a removal pass for the removal of such forest produce.

[Subs. Act A864]

(2) Such removal pass shall be made available for inspection by any forest officer.

[Am. Act A864]

(3) Subsection (1) shall not apply to any forest produce situate upon-

(a) a licence area;

(b) an area specified in a use permit;

(c) any alienated land;

(d) any land held under a temporary occupation licence;

(e) any mining land; or

(f) any reserved land,

from which it is taken prior to its removal from such area or land, or to any forest produce in transit along a route specified under subsection (2) or (3) of section 66.

(4) Any person who contravenes s

69 Chapter 4 Possession of Forest Produce-69. Conversion plant operator required to have removal pass and record of measurement.

[Subs. Act A864]

(1) No person shall engage in converting any forest produce or have in his control or charge a conversion plant unless he is in possession of a removal pass and a record of measurement in respect of all forest produce converted or being or about to be converted or being in or about the conversion plant or other premises under his charge or control.

(2) Such removal pass and record of measurement shall be made available for inspection by any forest officer.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall on conviction be liable-

(a) if the offence is under subsection (1), to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment;

(b) if the offence is under subsection (2), to a fine not exceeding ten thousand ringgit or

70 Chapter 4 Possession of Forest Produce-70. Issuance and form of removal pass.

(1) A removal pass may only be issued by the Director or by a forest officer authorized by the Director to issue the same.

(2) Every removal pass shall be in Form 8.

(3) In the case of a forest produce on which no royalty is payable to the State Authority, the licence, minor licence, use permit or removal licence under which such forest produce is taken or removed, shall be deemed to constitute a removal pass for the purpose of this Chapter.

71 Chapter 4 Possession of Forest Produce-71. Exemption.

Subject to any rules, the Director may exempt any person from any of the provisions of this Chapter where-

(a) the conversion plant under the charge or control of such person is situate within or adjacent to the licence area;

(b) the Director considers it more expedient to measure the forest produce after conversion; or

(c) the Director is satisfied that such exemption would not cause any loss of royalty or other revenue to the State Authority.

72 Chapter 5 Payment of Royalty, Premium, Cess and Other Charges Payable to the State Authority-72. Royalty, etc., payable when assessed.

(1) Royalty, premium, cess and other charges payable to the State Authority under this Act shall be due and payable to the State Authority when assessed and shall be deemed to have been assessed when the assessment is signed and served on the person from whom payment is due.

(2) Unless the Director directs otherwise, an assessment in respect of forest produce shall be issued and served together with each record of measurement.

(3) The Director may, within six months of the issue of any assessment under this Act, issue a reassessment which shall be of the same effect as an original assessment.

73 Chapter 5 Payment of Royalty, Premium, Cess and Other Charges Payable to the State Authority-73. Title to forest produce.

Notwithstanding anything contained in this Act, ownership to any forest produce shall not pass to any person unless-

(a) all royalty, premium, cess and other charges payable in respect of the licence and forest produce have been paid to the State Authority; and

(b) a removal pass has been issued in respect of such forest produce.

74 Chapter 5 Payment of Royalty, Premium, Cess and Other Charges Payable to the State Authority-74. Forest produce vests in the State Authority if royalty, etc., unpaid.

If royalty, premium, cess or other charges payable to the State Authority in respect of any forest produce is not paid to the State within the time specified by the Director, ownership to such forest produce shall vest in the State Authority free from all encumbrances.

75 Chapter 5 Payment of Royalty, Premium, Cess and Other Charges Payable to the State Authority-75. Deposit to secure payment.

(1) Before any licence, minor licence or use permit is issued, the applicant shall deposit such sum of money as may be determined by the authority issuing the same as security for the due observance of the provisions of the licence, minor licence or use permit, as the case may be, and for the payment of any or all sums payable to the State Authority.

(2) Such authority may require the deposit to be in any of the following forms:

(a) cash;

(b) valid written guarantee of a licensed commercial bank;

(c) a combination of (a) and (b) .

(3) The Director may, whenever he considers it necessary to do so, require the licensee or the holder of the use permit or minor licence, as the case may be, to forthwith deposit an additional sum of money, or provide a new deposit to replace the deposit previously made.

76 PART VI UNCLAIMED TIMBER-76. Unclaimed timber deemed to be property of State Authority.

(1) Any timber found adrift, beached, stranded, sunk or abandoned or which is not in the possession or under the control of any person shall be deemed to be the property of the State Authority until any person establishes his right thereto as hereinafter provided.

(2) The Director or any forest officer duly authorized by him may collect and bring such timber to a convenient place pending action under section 77.

77 PART VI UNCLAIMED TIMBER-77. Public notice of timber collected under section 76.

(1) The Director or the forest officer authorized by him under subsection (2) of section 76 shall give public notice of timber collected under section 76 by publishing a notice informing of the timber collected at the public notice board of the State Forest Office, District Forest Office and District Land Office.

(2) Such notice shall require any person claiming the timber to make his claim to the Director within fourteen days of the date of the notice.

78 PART VI UNCLAIMED TIMBER-78. Procedure on claim to timber.

Where a claim is made pursuant to section 77, the Director may, after due inquiry-

(a) reject the claim and record his reasons for so doing; or

(b) subject to section 80, deliver the timber to the claimant.

79 PART VI UNCLAIMED TIMBER-79. Disposal of unclaimed timber.

Where no claim is made within the period specified under section 77, or where such claim has been made and rejected, the ownership of such timber shall vest in the State Authority free from all encumbrances.

80 PART VI UNCLAIMED TIMBER-80. Payment to be made by claimant before delivery of timber.

(1) No person shall be entitled to recover possession of any timber collected under section 76 until all expenses incurred in collecting, moving, storing and disposing of the timber, as assessed by the Director, have been paid to the State Authority.

(2) Where a person fails to pay the expenses payable under subsection (1) within thirty days of the service of the assessment on him, the Director may direct that the timber be sold and the proceeds of the sale shall be used for the payment of such expenses, and any sum remaining (if any) shall, unless claimed by the person aforesaid within fourteen days of the sale, be credited to the State Consolidated Fund.

81 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-81. Acts prohibited in permanent reserved forests.

(1) Unless authorized under this Act, no person shall, in a permanent reserved forest-

(a) graze cattle or permit cattle to graze;

(b) fell, cut, ring, mark, lop or tap any tree; or injure by fire, or otherwise, or remove any tree or timber;

(c) cause any damage in felling any tree or cutting or dragging any timber;

(d) search for, collect, subject to any manufacturing process or remove any forest produce or minerals;

(e) clear or break up any land for cultivation or any other purpose;

(f) use poisonous substance, or dynamite or other explosives on rivers or lakes for the purpose of fishing; or hunt, shoot, fish or set traps or snares; or

(g) trespass in any manner not in this section hereinbefore prohibited.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conv

82 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-82. Prohibition as to fire.

(1) No person shall kindle, keep or carry any fire, or leave any fire burning, within a permanent reserved forest in such a manner as to endanger such reserved forest.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

83 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-83. Offensive littering.

(1) No person shall commit offensive littering in a permanent reserved forest.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

[Am. Act A864]

(3) A person commits offensive littering in a permanent reserved forest if he creates an objectionable stench or degrades the beauty or the appearance of property or detracts from the natural cleanliness or safety of property by intentionally-

(a) discarding or depositing any rubbish, trash, garbage, debris or other refuse;

(b) draining, or causing or permitting to be drained, mining sludge, industrial effluent, sewage or the drainage form a cesspool, septic tank, recreational or camping vehicle waste holding tank or other c

84 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-84. Unlawful possession of forest produce.

(1) Any person found in possession, custody or control of any forest produce on which royalty, premium, cess or other charges in respect of such forest produce has not been paid shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

(2) If in any prosecution in respect of any forest produce for the non-payment of any royalty, premium, cess or other charges, any dispute arises whether the royalty, premium, cess or other charges have been paid in respect of such forest produce or whether any forest produce is exempt from any royalty, premium, cess or other charges under this Act, then in every such case the burden of proof thereof shall be on the defendant in such prosecution.

85 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-85. Removal pass required for inter-State movement of forest produce.

(1) No person shall bring into the State from any other State any forest produce unless he is in possession of a valid removal pass issued by an authorized officer of the other State.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

86 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-86. Penalty for counterfeiting or defacing, or possessing implements for counterfeiting, marks on trees and timber and altering boundary marks.

Any person who-

(a) knowingly counterfeits upon any tree or timber, or has in his possession any implement for counterfeiting, any mark used by forest officers;

(b) unlawfully or fraudulently affixes to any tree or timber any mark used by forest officers or any property mark;

(c) alters, defaces or obliterates any mark placed on any tree or timber by or under the authority of a forest officer; or

(d) alters, removes, destroys or defaces, any boundary mark of a permanent reserved forest or of any land proposed to be included in a permanent reserved forest,

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred thousand ringgit and to imprisonment for a term which shall not be less than one year but shall not exceed twenty years.

[Am. Act A864]

87 PART VII MISCELLANEOUS OFFENCES AND PENALTIE-87. General penalty.

Whoever commits a breach of any rules for the breach of which no penalty is expressly provided shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

88 PART VIII ENFORCEMENT Chapter 1 Power of Arrest, Search, Seizure and Investigation-88. Power of arrest, seizure and investigation.

(1) A forest officer not below the rank of Forester or a police officer may arrest without warrant any person whom he has reason to believe to have committed a forest offence, if the person refuses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond; and may seize any thing which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence.

(2) When any person has been arrested under subsection (1) he shall thereafter be death with as provided by the Criminal Procedure Code.

(3) Any forest officer not below the rank of Assistant District Forest Officer, any police officer not below the rank of Sergeant and any officer in charge of a police station may, in relation to any investigation in respect of any forest offence, without order of t

89 PART VIII ENFORCEMENT Chapter 1 Power of Arrest, Search, Seizure and Investigation-89. Seizure of forest produce the subject of an offence.

Any forest produce in respect of which there has been, or there is, reasonable cause to suspect that there has been committed a forest offence, together with any receptacle, package or conveyance in which the same may have been found or which has been used in connection with such offence, and any machinery, tool, book, document or other things which may reasonably be believed to have a bearing on the case, may be seized by any forest officer not below the rank of Forester or any police officer.

90 PART VIII ENFORCEMENT Chapter 1 Power of Arrest, Search, Seizure and Investigation-90. Search with warrant.

(1) If it appears to a Magistrate upon written information on oath and after such enquiry as he considers necessary that there is reasonable cause to believe that in any building or place or on any land there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the Magistrate may issue a warrant authorizing any forest officer not below the rank of Assistant District Forest Officer or any police officer named therein, by day or night and with or without assistance, to enter the building, place or land and there search for and seize, and therefrom remove, any forest produce in respect of which the forest offence has or is suspected to have been committed and any machinery, tool, book, document or other things that is reasonably believed to furnish evidence of the commission of the offence.

(2) Any forest officer or police officer acting under subsection (1) may-

91 PART VIII ENFORCEMENT Chapter 1 Power of Arrest, Search, Seizure and Investigation-91. Search without warrant.

If it appears to a forest officer not below the rank of Forester or a police officer that there is reasonable cause to believe that in any building or place or any land there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, and if he has reasonable grounds for believing that by reason of the delay in obtaining a warrant under section 90 the forest produce is likely to be removed, he may exercise in, upon, and in respect of the building, place, or land all the powers mentioned in section 90 in as full and ample a manner as if he were authorized to do so by a warrant under that section.

92 PART VIII ENFORCEMENT Chapter 1 Power of Arrest, Search, Seizure and Investigation-92. Power to stop and search conveyances.

(1) If any forest officer not below the rank of Forester or any police officer has reasonable suspicion that any conveyance is carrying forest produce in contravention of this Act or in respect of which a forest offence is being or has been committed, he may stop and examine the conveyance.

(2) The person in control or in charge of the conveyance shall, if required to do so by the forest officer or police officer-

(a) stop the conveyance and allow the forest officer or police officer to examine it; and

(b) open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the forest officer or police officer considers necessary to make.

(3) Any person who fails or refuses to comply with any requirement of the forest officer or police officer under subsection (2) shall be guilty of an offence and shal

93 Chapter 2 Provisions Relating to Things Seized-93. Duty of seizing officer.

(1) Whenever any thing is seized under this Act, the seizing officer forthwith-

(a) place on such thing or on the receptacle or package in which it is contained a mark indicating that such thing has been seized; and

(b) except where the seizure is made on the person or in the presence of the offender or the owner or his agent, as the case may be, give notice in writing of such seizure and the grounds thereof to the owner of such thing, if known, either by delivering such notice to him personally or by post or at his place of abode if known.

(2) Any person (other than a forest officer, police officer or member of the armed forces authorized under this Act) who tampers with, removes, damages or destroys any thing marked under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exc

94 Chapter 2 Provisions Relating to Things Seized-94. Forfeiture of things seized.

(1) Any thing liable to seizure under this Act shall be liable to forfeiture.

(2) Where any thing has been seized under this Act, a forest officer not below the rank of District Forest Officer may, at his discretion, temporarily release such thing to the owner of the same on security being furnished to his satisfaction that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.

(3) An order for the forfeiture or for the release of any thing liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that a forest offence has been committed and that the thing was the subject matter of, or was used in the commission of, the offence notwithstanding that no person may have been convicted of such offence.

(4) I

95 Chapter 2 Provisions Relating to Things Seized-95. No costs, damages etc., on seizure.

No person shall in any proceedings before any court in respect of the seizure of any thing seized in the exercise or the purported exercise of the powers conferred under this Act be entitled to the costs of such proceedings or to any damages or other relief other than an order for the return of such thing or the payment of their value unless such seizure was made without reasonable or probable cause.

96 Chapter 3 Miscellaneous-96. Forest officer may enter and inspect conversion plant, etc.

(1) For the purposes of this Act, any forest officer may enter and inspect any part of any conversion plant or its appurtenances or any premises upon or in which forest produce is stored or kept and may require any person in charge or control of the plant or premises to render him such assistance as he may require for the purposes of inspection.

(2) Any person who impedes or obstructs any forest officer exercising his powers under subsection (1) or who refuses to render such assistance as is required by such officer, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am.. Act A864]

97 Chapter 3 Miscellaneous-97. Director may for certain reasons prohibit the taking of forest produce.

(1) The Director may for reasons of silviculture or for any other reasons that the State Authority may approve, without prejudice to existing rights, prohibit or restrict the taking of any forest produce by any particular person or class of persons within any specified area for such time as he may consider necessary.

(2) Any person who fails to comply with any prohibition or restriction imposed by the Director under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

98 Chapter 3 Miscellaneous-98. Director may close watercourse or forest road.

(1) Notwithstanding any other written law to the contrary, the Director may prohibit the use of any watercourse in a permanent reserved forest or of any forest road.

(2) Any person who fails to comply with any prohibition imposed by the Director under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

(3) In this section, "watercourse" means any access by river.

99 Chapter 3 Miscellaneous-99. Authority cards.

(1) Every forest officer when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Director may direct to be carried by such officer.

(2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any forest officer acting or purporting to act under this Act if such officer refuses to declare his office and produce his authority card on demand being made by such person.

100 Chapter 3 Miscellaneous-100. Furnishing of information to forest officer.

A forest officer may require any person in possession, custody or control, or engaged in the taking, removal, conversion or trading of any forest produce or in charge or control of a conversion plant, to furnish him with such information or document which, in his opinion, is necessary for the exercise of his powers or the performance of his duties under, or the enforcement of the provisions of, this Act, and any person so required who, without reasonable excuse, fails or refuses to submit the required information or document to the officer or who, in submitting any required information, knowingly or recklessly makes any statement that is false in any material particular or who, with intent to deceive, submits a document that is false in any material particular, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imp

100A Chapter 3 Miscellaneous-100A. Rewards.

[Ins. Act A864]

The Director may order such rewards as he may deem fit to be paid to any forest officer or other person for services rendered in connection with any offence or seizure made under this Act.

100B Chapter 3 Miscellaneous-100B. Protection of informers.

(1) Except as hereinafter provided, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of an informer or the substance and nature of the information received from him or to state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or are liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3) If on trial for any offence against this Act the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court i

101 Chapter 3 Miscellaneous-101. Compounding of offences.

[Subs. Act A864]

(1) Subject to subsection (2), the Director may compound any offence under this Act except any offence under section 86 or 107 by making a written offer to such person to compound the offence upon payment to the Director of such amount not exceeding the maximum fine for that offence within such time as may be specified in the offer.

(2) The offence which may be compounded under subsection (1) shall only be in respect of an offence committed for the first time.

(3) Where the offence committed involves the taking of forest produce under section 15 or 40, the Director may, if he thinks fit, in addition to the amount payable under subsection (1), require such person to pay to the State Authority-

(a) a sum not exceeding ten times the royalty, premium and cess of such forest produce;

(b) a sum not exceeding ten times the value of such forest produc

101A Chapter 3 Miscellaneous-101A. Power of court to order revocation and disqualification.

[Ins. Act A864]

(1) Subject to subsection (2), where any person is convicted of an offence under this Act, the court may, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be revoked.

(2) Where any person is convicted of an offence under section 15, 40 or 86, the court shall, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be revoked.

(3) Where any person to whom a licence or permit has been issued under this Act is convicted of a second or subsequent offence under this Act, the court shall, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be revoked.

(4) Where any lic

102 PART IX MISCELLANEOUS-102. Service of notices.

(1) In this section, "notice" includes any notification, assessment, instrument or other document authorized or required by this Act to be served on any person or body.

(2) A notice may be served on a person or body for the purposes of this Act-

(a) by delivering the notice to the person;

(b) by delivering the notice-

(i) at the person's usual or last known place of abode or business, to his servant or to an adult member of his family; or

(ii) at the body's registered or usual or last known place of business, to its servant or agent;

(c) by leaving the notice in a cover addressed to the person or body-

(i) at the person's usual or last known abode or place of business; or

(ii) at the body's registered office or usual or last known place of business; or

(d) by sending the notice by

103 PART IX MISCELLANEOUS-103. Action by and against the State Authority.

(1) The Director may prosecute any offence, or institute any action, suit or other proceeding relating to any matter, under this Act.

(2) In any prosecution, action, suit or other proceeding to which this section applies, the Director may appear personally, or may be represented by any Federal Counsel, State Legal Adviser, advocate and solicitor or forest officer.

104 PART IX MISCELLANEOUS-104. Presumptions.

In any proceedings for an offence under this Act, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proven-

[Subs. Act A864]

(a) that any forest produce is the property of the State Authority;

(b) that any map, plan or chart purporting to be made by the authority of the Director is so made and accurate;

(c) that any mark placed on any tree, timber or any boundary mark of an area under a licence or permit within a permanent reserved forest or State land placed by or under the authority of a forest officer has been so placed and is accurate;

(d) that any person found within a permanent reserved forest or State land in possession of any forest produce have taken or removed such forest produce without a licence or permit issued under this Act; and

(e) that any person fou

105 PART IX MISCELLANEOUS-105. Certificate of the Director as to the value of forest produce, etc.

(1) In any proceedings under this Act a certificate signed by the Director stating-

(a) the value of any forest produce;

(b) the amount of royalty, premium, cess and other charges payable in respect of any forest produce;

(c) the sum payable to the State Authority under subsection (2) of section 24;

(d) the costs of repairing any damage caused by an offender,

shall be admissible in evidence and it shall be evidence of its contents, including the facts stated therein, without proof of the signature to such certificate.

(2) The provisions of this section shall apply notwithstanding anything contained in any other written law or rule of evidence to the contrary.

106 PART IX MISCELLANEOUS-106. Protection of forest officers, police officers, members of the armed forces and other persons.

No action or prosecution shall be brought, instituted or maintained in any court against any forest officer, police officer or member of the armed forces either personally or in his official capacity for or on account of or in respect of any act ordered or done by him purporting to have been ordered or done by him for the purpose of carrying into effect this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purporting to have been done by him under order, direction or instruction of any forest officer, police officer or member of the armed forces given for any such purpose as aforesaid:

[Am. Act A864]

Provided that the act of such officer or person was done in good faith and in the reasonable belief that it was necessary for the purpose intended to be served thereby.

107 PART IX MISCELLANEOUS-107. Abuse of power.

Whoever, in purported exercise of the powers under this Act, vexatiously and unnecessarily seizes or detains any forest produce, conveyance, books, documents or other things shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

[Am. Act A864]

108 PART IX MISCELLANEOUS-108. Recovery of money due to the State Authority.

All money, other than fines or money recoverable as a fine, payable to the State Authority under this Act may be recovered by the State Authority by civil proceedings as a debt due to the State Authority.

109 PART IX MISCELLANEOUS-109. Offences committed by corporations.

Where a person charged with an offence under this Act is a body corporate, every person who, at the time of the commission of such offence, is a director or office of that body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of the offence.

[Am. Act A864]

110 PART IX MISCELLANEOUS-110. Offences committed by partner, servant or agent.

Any person who would have been liable to any penalty for anything done or committed if the thing had been done or committed by him personally shall be liable to the same penalty if the thing has been done or committed by his partner, agent or servant.

[Am. Act A864]

110A PART IX MISCELLANEOUS-110A. Offences committed by licensee or holder of permit.

Where any forest offence is committed by any person in relation to any license or permit issued under this Act, such licensee or holder of permit shall be deemed to have committed that offence.

[Ins. Act A864]

111 PART IX MISCELLANEOUS-111. Rules.

(1) The State Authority may make rules to carry out the objects and purposes of this Act.

(2) In particular and without prejudice to the generality of subsection (1), such rules may-

(a) define and determine the number and extent of forest administrative and management divisions, units or sections;

(b) regulate or prohibit the kindling of fire on State land and alienated lands immediately adjoining any permanent reserved forest and prescribe the precautions and actions to be taken to prevent the spreading of fires;

(c) regulate or prohibit the felling, cutting, ringing, marking, lopping, tapping or injuring by fire or otherwise, of any tree or timber, the removal of timber, and the collection and removal of other forest produce generally;

(d) regulate the free grant or the grant at reduced rates for the forest produce;

(e) regulate the methods to b

112 PART X REPEALS, TRANSITIONAL PROVISIONS, ETC-112. Repeal of existing laws.

Upon the coming into force of this Act in a State, the existing Forest Enactment applicable to that State as specified in the Fourth Schedule is repealed.

113 PART X REPEALS, TRANSITIONAL PROVISIONS, ETC-113. Savings.

Nothing in this Act shall affect the past operation of, or anything done under, any previous forest law, or so far as they relate to forestry, the provisions of any other law passed before the commencement of this Act:

Provided that-

(a) any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall be subject to the provisions of this Act;

(b) any privileges conceded or rights admitted in any Gazette notification constituting a reserved forest under any previous forest law existing at the commencement of this Act, unless sooner revoked by the State Authority, shall cease after a period of one year from the date of coming into the force of this Act.

114 PART X REPEALS, TRANSITIONAL PROVISIONS, ETC-114. Modifications for Federal Territory of Kuala Lumpur.

(1) In its application to the Federal Territory of Kuala Lumpur, this Act shall be subject to the modifications set out in the Fifth Schedule.

(2) The Minister may, from time to time by order, amend the Fifth Schedule.

115 PART X REPEALS, TRANSITIONAL PROVISIONS, ETC-115. Transitional provision with respect to officers.

Any person who, immediately before the commencement of this Act, was holding any office to which appointments may be made under section 3 shall continue in that office and be deemed for the purposes of this Act to have been so appointed.

116 PART X REPEALS, TRANSITIONAL PROVISIONS, ETC-116. Power of State Authority to make additional transitional provisions, etc.

The State Authority may by rules make such provisions as it considers necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act, any such rule may be made so as to have effect as from the commencement of this Act.

117 PART X REPEALS, TRANSITIONAL PROVISIONS, ETC-117. Transitional provision with respect to rules, orders, etc.

Any rules, order, regulations, direction, notice or notification made, given or issued before the commencement of this Act under any previous forest law shall, if it could have been made, given or issued under any corresponding provisions of this Act, continue in force, and have the like effect, as if it had been so made, given or, as the case may be, issued.