KUALA LUMPUR – The Malaysian Bar contends that Bukit Cherakah is still a forest reserve, as certain legal provisions were not complied with.
Referring to comments from Selangor exco member in charge of tourism, environment, and green technology Hee Loy Sian on October 23, it was pointed out that the forest reserve has been excised with land titles issued to private developers.
However, a gazetted notice concerning the excise has not been published.
In a statement, Malaysian Bar president A.G. Kalidas said Section 13(1) of the National Forestry Act 1984 requires degazettement of forest reserves to be published via a gazette notification, specifying when the land ceases to be a permanent forest reserve.
Additionally, Section 13(2) states that the land shall cease to be a forest reserve from that date.
“It is not disputed that there is no such publication of the purported excision of the forest in the government gazette.
“Hence, as long as a permanent reserved forest has not been excised through the publication of a notice in the government gazette, the subject land – in this case, the Bukit Cherakah Forest Reserve – continues to be a permanent reserved forest,” Kalidas said in a statement.
He urged the Selangor government to demonstrate its commitment to the rule of law, and refrain from maintaining that the legal status of the land has been transferred to private developers.
He said it is of utmost importance for the state government to practise sustainable management of the natural environment as the United Nations Human Rights Council recognises that having a clean, healthy, and sustainable environment is a human right.
“The Malaysian Bar calls on the Selangor government and all state governments to approach any excision of permanent reserved forests conscientiously and vigilantly, in order to protect the human rights of present and future generations.
“State governments must act as the protector and custodian of nature, and not be a facilitator of its destruction.
“Where the due process of excision of any permanent reserved forests has not been followed, the state must take the position that the status of the land remains protected,” Kalidas said. – The Vibes, November 8, 2021
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