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Constitutional Provisions

Under Article 74 (2) of the Malaysian Constitution, forestry is under the authority of the State Government. Therefore, each state authority to enact laws in the forestry sector and forestry policy itself. Federal Authorities only provide advice and technical assistance to states, the maintenance of the experiment stations and demonstration, training and research.

To facilitate coordination and harmonization in the field of forestry, the National Forestry Council (NCC) was established on December 20, 1971 by the National Land Council (MTN). In this context, MTN is empowered under the constitution of Malaysia to formulate a national policy to promote and regulate the use of land for mining, agriculture and forestry. MPN is a forum between the Federal and State governments to discuss problems and issues relating to forestry policy, administration and management. All decisions made by MPN, must be confirmed by the MTN. Responsibility for implementing the decision of the NCC was the duty of the State Governments unless they are under the jurisdiction of the Federal Government.

Policies and Constitution

In 1977, the National Forestry Policy (NDP) was approved by the NCC and then confirmed by MTN on 19 April 1978. The policy was reviewed on 10 November 1992 on the awareness shown by the world community of the importance of biodiversity conservation and sustainable use of genetic resources and the role of communities in forest development. Acceptance of these policies is to strengthen the foundation of a successful constitution and foster cooperation and understanding between the Federal and State Governments in the development of the forestry sector.

Apart from the National Forestry Act 1984 (Amendment 1993) and Wood-Based Industry Act 1984 there are other laws that important and relevant to the forestry sector such as:

  • National Land Code 1965.
  • Penal Code (FMS Cap.45), 1948 (Amendment 1993).
  • Criminal Procedure Code (FMS Cap.6), 1903 (Amended 1995)
  • Evidence Act 1950 (Amendment 1993)
  • Financial Procedure Act 1967 (Amendment 1993).
  • Water Supply Enactment 1935.
  • Land Protection Act 1960.
  • Wildlife Protection Act 1972 (Amended 1976 & 1988).
  • Malaysian Timber Industry Board Act 1973.
  • Environmental Quality Act 1974 (Amendment 1995).
  • National Parks Act 1980 (Amendment 1983).
  • Research and Development Authority Act 1985 Malaysia's forests.
  • Mining Enactment 1926.
  • Local Government Act 1976.
  • Biosafety Act 2007.
 
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Level 2, Bangunan Dato' Mohamad Ibrahim Munsyi, 79660 Nusajaya, Johor Darul Takzim.
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