Len Talif: Adoption of amended National Forestry Act only if not in conflict with S’wak laws

KUCHING (Nov 16): Any move to adopt the federal government’s amendment to the National Forestry Act (Act 313) would need to be discussed with the Sarawak government, said Datuk Len Talif Salleh.

The Deputy Minister of Natural Resources and Urban Development said while he acknowledged the amendment was meant to improve and tighten the degazetted process on the Permanent Forest Reserves, the details of its implementation, however, would still be under the purview of the state government.

“We support it if it doesn’t conflict with our (state) laws. Same goes in terms of land code. If any law enacted is found to conflict with our law, we will not support it,” he said.

He said this when met after attending the Sarawak Forestry Corporation Integrity Day 2023 at Borneo Convention Centre Kuching today.

“We are clear about the forestry law or land in Sarawak being under the power of the state, to which any law that is enacted at the federal level that is not in line with the state will not be accepted.

“However, usually, before the matter is brought to parliament, we would have a lot of discussion, be it at the department level and so on, which means that ultimately the state law will override the parliament,” he said.

Adding on, Len Talif also said that the National Forestry Act functions as a general guideline but the details of the provisions, however, would still be under the state.

The implementation of the ordinance and enforcement to protect and manage forestry in Sarawak is carried out by the state’s agency, he reiterated.

“If we see it from the point of view of our National Forestry law, it only provides the principle, while the details are with us.

“It means we still have the power to implement what is in our law, whether it is our wildlife or forestry protection.

“In principle, we do have national land policy and national forestry policy, but that’s in principle. The details are still under our control, under the forestry ordinance or the wildlife ordinance and national park protection ordinance,” he said.

He also said that the implementation of the law regarding environmental administration is also the state’s purview.

“This is also the same with the National Resources and Environment Board (NREB). We are still discussing with the Department of Environment Sarawak in terms of the devolution of power in terms of the environment.

“There is a law on NREB that we also have the authority to implement regarding the environment,” he added.

On Wednesday, Minister of Natural Resources, Environment and Climate Change Nik Nazmi Nik Ahmad called on all state governments to fully support and adopt the amendments to Act 313 – a law that governs the forestry sector, including the management, protection and use of forest resources.

Among the key improvements is the tightening of the degazetting and replacement process of Permanent Forest Reserves (HSK), as well as the introduction of a public investigation process before the degazetting of any HSK and the simultaneous replacement of the degazetted HSK.

Besides that, the maximum fine for forest offences has been increased from RM500,000 to RM5 million, and the maximum prison term from seven years to 20 years.