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.
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.
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. Chapter 2—Classification of Permanent Reserved Forests
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 each part, the situation and extent of which shall be specified in the notification, may be classified under one or more of the classifications enumerated in subsection (1). (3) The Director, with the approval of the State Authority, shall, by notification in the Gazette, change the classification of any permanent reserved forest or part thereof classified under subsection (1) if there is a change in the purpose or purposes for which such forest or part thereof had been classified. (4) A permanent reserved forest, until classified under subsection (1), shall be deemed to have been classified under paragraph (1)(a). Chapter 3—Excision Of Land from Permanent Reserved Forests
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 utilized, may excise such land from the permanent reserved forest.
State Authority to replace land excised from permanent reserved forest
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.
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; and (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.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).