Power of arrest, seizure and investigation
(1) A forest officer not below the rank of Forester or a police officer may arrest without warrant any person whom he has reason to believe to have committed a forest offence, if the person refuses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond; and may seize any thing which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence.
(2) When any person has been arrested under subsection (1) he shall thereafter be dealt with as provided by the Criminal Procedure Code [Act 593].
(3) Any forest officer not below the rank of Assistant District Forest Officer, any police officer not below the rank of Sergeant and any officer in charge of a police station may, in relation to
any investigation in respect of any forest offence, without order of the Public Prosecutor, exercise the special powers in relation to police investigations given by the Criminal Procedure Code in any seizable case.
*NOTE—Previously “two thousand ringgit” –see the National Forestry (Amendment) Act 1993 [Act A864]. **NOTE—Previously “one year” –see the National Forestry (Amendment) Act 1993 [Act A864].
Seizure of forest produce the subject of an offence
Any forest produce in respect of which there has been, or there is, reasonable cause to suspect that there has been committed a forest offence, together with any receptacle, package or conveyance in which the same may have been found or which has been used in connection with such offence, and any machinery, tool, book, document or other things which may reasonably be believed to have a bearing on the case, may be seized by any forest officer not below the rank of Forester or any police officer.
Search with warrant
(1) If it appears to a Magistrate upon written information on oath and after such enquiry as he considers necessary that there is reasonable cause to believe that in any building or place or on any land there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the Magistrate may issue a warrant authorizing any forest officer not below the rank of Assistant District Forest Officer or any police officer named therein, by day or night and with or without assistance, to enter the building, place or land and there search for and seize, and therefrom remove, any forest produce in respect of which the forest offence has or is suspected to have been committed and any machinery, tool, book, document or other things that is reasonably believed to furnish evidence of the commission of the offence.
(2) Any forest officer or police officer acting under subsection (1) may—
(a) break open any outer or inner door of the building or place or any fence, enclosure, gate or other obstruction to the land, in order to effect entry thereinto;
(b) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect under subsection (1); and
(c) detain every person found in the building or place or on the land until it has been searched.
Search without warrant
If it appears to a forest officer not below the rank of Forester or a police officer that there is reasonable cause to believe that in any building or place or on any land there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, and if he has reasonable grounds for believing that by reason of the delay in obtaining a warrant under section 90 the forest produce is likely to be removed, he may exercise in, upon, and in respect of the building, place, or land all the powers mentioned in section 90 in as full and ample a manner as if he were authorized to do so by a warrant under that section.
Power to stop and search conveyances
(1) If any forest officer not below the rank of Forester or any police officer has reasonable suspicion that any conveyance is carrying forest produce in contravention of this Act or in respect of which a forest offence is being or has been committed, he may stop and examine the conveyance.
(2) The person in control or in charge of the conveyance shall, if required to do so by the forest officer or police officer—
(a) stop the conveyance and allow the forest officer or police officer to examine it; and
(b) open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the forest officer or police officer considers necessary to make.
(3) Any person who fails or refuses to comply with any requirement of the forest officer or police officer under subsection (2) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding *fifty thousand ringgit or to imprisonment for a term not exceeding **five years or to both such fine and imprisonment.
Chapter 2—Provisions Relating to Things Seized
*NOTE—Previously “one thousand ringgit” –see the National Forestry (Amendment) Act 1993 [Act A864]. **NOTE—Previously “six months”–see the National Forestry (Amendment) Act 1993 [Act A864].
Duty of seizing officer
(1) Whenever any thing is seized under this Act, the seizing officer shall forthwith—
(a) place on such thing or on the receptacle or package in which it is contained a mark indicating that such thing has been seized; and
(b) except where the seizure is made on the person or in the presence of the offender or the owner or his agent, as the case may be, give notice in writing of such seizure and the grounds thereof to the owner of such thing, if known, either by delivering such notice to him personally or by post or at his place of abode if known.
(2) Any person (other than a forest officer, police officer or member of the armed forces authorized under this Act) who tampers with, removes, damages or destroys any thing marked under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.
Forfeiture of things seized
(1) Any thing liable to seizure under this Act shall be liable to forfeiture.
(2) Where any thing has been seized under this Act, a forest officer not below the rank of District Forest Officer may, at his discretion, temporarily release such thing to the owner of the same on security being furnished to his satisfaction that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
(3) An order for the forfeiture or for the release of any thing liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that a forest offence has been committed and that the thing was the subject matter of, or was used in the commission of, the offence notwithstanding that no person may have been convicted of such offence.
(4) If there be no prosecution with regard to any thing seized under this Act, such thing shall be taken and deemed to be forfeited at the expiry of one calendar month from the date of seizure unless before that date a claim thereto is made in the following manner:
(a) any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the forest officer or police officer in whose possession such thing is held that he claims the same;
(b) on receipt of such notice the forest officer or police officer, as the case may be, shall refer the claim to the Director who may order that such goods be released or may direct such officer to refer the matter to the Magistrate or Judge of a Sessions Court for decision;
(c) the Magistrate or Judge to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him and upon his appearance or default to appear, the Magistrate or Judge shall proceed to the examination of the matter and, on proof that a forest offence has been committed and that such thing was the subject matter of or was used in the commission of such offence, shall order the same to be forfeited or may in the absence of such proof order its release.
(5) All things forfeited or deemed to be forfeited shall be delivered to the District Forest Officer and shall be disposed of in accordance with the direction of the Director.
(6) Where any thing seized under this Act is of a perishable nature or is subject to speedy and natural decay or where the custody of such thing involves unreasonable expense and inconvenience, or is believed to cause obstruction or hazard to the public, the Director may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.
(7) The State Authority shall not be liable to any person for any deterioration, howsoever caused, in the quality of any thing seized under this Act.
No costs, damages, etc., on seizure
No person shall in any proceedings before any court in respect of the seizure of any thing seized in the exercise or the purported exercise of the powers conferred under this Act be entitled to the costs of such proceedings or to any damages or other relief other than an order for the return of such thing or the payment of their value unless such seizure was made without reasonable or probable cause.
Chapter 3—Miscellaneous
Forest officer may enter and inspect conversion plant, etc.
(1) For the purposes of this Act, any forest officer may enter and inspect any part of any conversion plant or its appurtenances or any premises upon or in which forest produce is stored or kept and may require any person in charge or control of the plant or premises to render him such assistance as he may require for the purposes of inspection.
(2) Any person who impedes or obstructs any forest officer exercising his powers under subsection (1) or who refuses to render such assistance as is required by such officer, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding *fifty thousand ringgit or to imprisonment for a term not exceeding **five years or to both such fine and imprisonment.
Director may for certain reasons prohibit the taking of forest produce
(1) The Director may for reasons of silviculture or for any other reasons that the State Authority may approve, without prejudice to existing rights, prohibit or restrict the taking of any forest produce by any particular person or class of persons within any specified area for such time as he may consider necessary.
(2) Any person who fails to comply with any prohibition or restriction imposed by the Director under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding *fifty thousand ringgit or to imprisonment for a term not exceeding **five years or to both such fine and imprisonment.
*NOTE—Previously “two thousand ringgit” –see the National Forestry (Amendment) Act 1993 [Act A864]. *NOTE—Previously “one year” –see the National Forestry (Amendment) Act 1993 [Act A864].
Director may close watercourse or forest road
(1) Notwithstanding any other written law to the contrary, the Director may prohibit the use of any watercourse in a permanent reserved forest or of any forest road.
(2) Any person who fails to comply with any prohibition imposed by the Director under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.
(3) In this section, “watercourse” means any access by river.
Authority cards
(1) Every forest officer when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Director may direct to be carried by such officer.
(2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any forest officer acting or purporting to act under this Act if such officer refuses to declare his office and produce his authority card on demand being made by such person.
Furnishing of information to forest officer
A forest officer may require any person in possession, custody or control, or engaged in the taking, removal, conversion or trading of any forest produce or in charge or control of a conversion plant, to furnish him with such information or document which, in his opinion, is necessary for the exercise of his powers or the performance of his duties under, or the enforcement of the provisions of, this Act, and any person so required who, without reasonable excuse, fails or refuses to submit the required information or document to the officer or who, in submitting any required information, knowingly or recklessly makes any statement that is false in any material particular or who, with intent to deceive, submits a document that is false in any material particular, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding *fifty thousand ringgit or to imprisonment for a term not exceeding **five years or to both such fine and imprisonment.
*NOTE—Previously “two thousand ringgit” –see the National Forestry (Amendment) Act 1993 [Act A864]. *NOTE—Previously “one year” –see the National Forestry (Amendment) Act 1993 [Act A864].
Rewards
The Director may order such rewards as he may deem fit to be paid to any forest officer or other person for services rendered in connection with any offence or seizure made under this Act.
Protection of informers
(1) Except as hereinafter provided, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of an informer or the substance and nature of the information received from him or to state any matter which might lead to his discovery.
(2) If any books, documents or papers which are in evidence or are liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.
(3) If on trial for any offence against this Act the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit inquiry, and require full disclosure concerning the informer.
Compounding of offences
(1) Subject to subsection (2), the Director may compound any offence under this Act except any offence under section 86 or 107 by making a written offer to such person to compound the offence upon payment to the Director of such amount not exceeding the maximum fine for that offence within such time as may be specified in the offer.
(2) The offence which may be compounded under subsection (1) shall only be in respect of an offence committed for the first time.
(3) Where the offence committed involves the taking of forest produce under section 15 or 40, the Director may, if he thinks fit, in addition to the amount payable under subsection (1), require such person to pay to the State Authority—
(a) a sum not exceeding ten times the royalty, premium and cess of such forest produce;
(b) a sum not exceeding ten times the value of such forest produce;
(c) the costs of repairing any damage in respect of the offence committed; and
(d) any other charges payable to the State Authority.
(4) In compounding any offence under subsection (1), any thing seized under this Act shall be forfeited and disposed of in accordance with the direction of the Director.
(5) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(6) Where an offence has been compounded under subsection
(1), no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made.
Power of court to order revocation and disqualification
(1) Subject to subsection (2), where any person is convicted of an offence under this Act, the court may, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be revoked.
(2) Where any person is convicted of an offence under section 15, 40 or 86, the court shall, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be revoked.
(3) Where any person to whom a licence or permit has been issued under this Act is convicted of a second or subsequent offence under this Act, the court shall, in addition to any other penalty that may be imposed, order that any licence or permit issued under this Act in relation to which the offence has been committed be revoked.
(4) Where any licence or permit has been revoked under this section, the court shall order that such person to whom a licence or permit has been issued be disqualified from holding any licence or permit for a period not exceeding five years.
(5) Any person who obtains or attempts to obtain any licence or permit under this Act while he is so disqualified shall be guilty of an offence.
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).
