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Forest Ordinance, 2015 (Cap.51).

Country
Type of law
Legislation
Source

Abstract
This Ordinance consisting of 114 articles divided into VIII Parts aims at providing for the protection and management of forests in Sarawak and regulating the taking of forest produce and for matters connected therewith.
Part III deals among others with (i) the forest reserves and protected forests; and (ii) the communal forests. This Part includes (i) procedure for constituting forest reserves and protected forests; (ii) rights or privileges that may be claimed by a native or a native community in an area; (iii) proclamation, providing a name for the forest reserve or protected forest, and specifying the limit of the forest reserve or protected forest; (iv) acts prohibited in forest reserve and protected forest; and (v) revocation. As for the communal forests, that can be constituted at the request of a community and the native community shall undertake to maintain the communal forest in a condition of sustained yield. Any member of the native community may remove, free of royalty or fee, any forest produce for his own use and not for sale, barter or profit (art.37).
Part IV regards the forests management and development, and in particular (i) proprietary rights over forest produce in permanent forests and State land (in general shall be property of the State); (ii) powers of director, mainly control on taking forest produce through the issuance of licenses; collection of the fees, royalties, premia or other payments; declaration of any tree or species of tree as a protected tree or species of tree for the development or production of medicinal or pharmaceutical products; prohibition of the export from Sarawak of any timber, or of timber of a particular class or description or destination unless such timber is accompanied by a Certificate of Inspection; imposition of production limit and restriction on sales of timber; issuance of Export Clearance Certificate; issuance of license for the establishment of planted forests (more detailed rules are given in art 68); (iii) special licenses; (iv) establishment that every resident of Sarawak may without a license, collect and remove from State land which is not a forest reserve or protected forest, any forest produce other than timber required exclusively for his own domestic use and not for sale, barter or profit; (v) sawmills to be licensed.
Part V deals with the Enforcement; Part VI regards Other offences and penalties; Part VII is on Miscellaneous; Part VIII regards the Repeal, Savings and Transitional provisions.
Date of text
Entry into force notes
This Ordinance enters into force on the date of its publication in the Official Gazette. The Minister may appoint different dates for the coming into force of different parts or different provisions of this Ordinance.
Repealed
No
Source language

English

Legislation Amendment
No