KUALA LUMPUR – Conservationists have lauded the recent passing of the National Forestry (Amendment) Bill 2022 in the Dewan Rakyat but insisted on strict enforcement in order for the efforts to be effective.
They said the new law, which includes stiffer penalties for offences and tighter controls on permanent forest reserves (PFRs), could be rendered meaningless if authorities did not implement the newly passed law.
The conservationists also noted that law enforcement is crucial in deterring encroachment by loggers and possibly preventing megafloods experienced in Kedah, Pahang, and Kelantan in recent years.
The Malaysian Youth for Forest Action (MyHutan) – a campaign under Undi18 – welcomed the amended law, saying it had been “too long of a wait” for civil society groups.
However, it said that the amendment was merely a "first important step" in the government’s forest conservation policy, which was still “insufficient”.
“We welcome the penalties and policies in the act, especially in regards to the gazettement of permanent forest reserves which covers more types of forests and harsher punishments for illegal loggers who illegally extract forest resources,” MyHutan said in a statement.
MyHutan also pointed out the issue of degazettement should be underscored in the wake of the one involving the Bukit Cherakah forest reserve, which took place without consultation with stakeholders.
The campaign also urged the government to act in accordance with the new law amendment fairly so as to allow stakeholders to air their views regarding Bukit Cherakah.
“The commitment of the federal and state governments to forest conservation will be fully seen on this issue, whether it is a sincere commitment or merely sweet promises.”
“We also urged all state governments to table the appropriate laws so that the (National Forestry) Act can be implemented soonest.”
The Dewan Rakyat unanimously passed the National Forestry Act on July 18.
Among others, the amended law requires state authorities to conduct an inquiry before PFRs were allowed to be excised. State governments were also required to replace the affected forests with new land that is similar in size or larger.
Moreover, the stiffer penalties for taking forest produce such as plants or honey can lead to a maximum 20-year jail term or a fine of up to RM1 million for produce exceeding five square metres.
On the other hand, harvesting forest produce below five square metres can lead to a two-year prison sentence and a fine of RM10,000, while the fine for littering in PFRs has been raised to RM20,000 from RM10,000 previously.
Another environmentalist from a well-known conservation group said harsher penalties are merely one instrument in the fight against wanton deforestation, and that the government needed to revamp its conservation efforts in order to prevent major calamities.
“If you look into the recent case of flooding in Baling, there was a problem in ascertaining all the facts, such as the actual trigger of the disaster,” the environmentalist, who spoke under the condition of anonymity, told The Vibes when contacted recently.
“There appeared to be mismanagement or lack of management of the (previous Kedah) state government, as the forest areas involved were allowed to be levelled, before a (large) durian plantation was approved to provide some sort of ‘forest cover’.”
The environmentalist said the problem with the flooding in Baling was compounded after the following state governments did not address the problems related to the durian plantation, which may have led to the disaster in Kedah.
She also said there is still a lack of transparency regarding the level of illegal logging in the country, which makes it difficult for environmental groups to monitor the situation.
“When the ownership of land is held in different hands, and in this case, we have 13 jurisdictions (nationwide), then a multitude of events can and will occur,” she said.
“Due to the complexity involved, any form of degazettement should be made public and for state assemblies to debate. This is the least that can be done.” – The Vibes, August 1, 2022
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