The following are a few acts prohibited in the forests under respective
section in the Forests Ordinance 1958 (Chapter 126), which frequently occur:
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Section 21
No person shall in a forest reserve -
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trespass;
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pasture cattle or permit cattle to trespass;
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fell, cut, ring, mark, lop or tap any tree, or injure by fire or otherwise
any tree or timber;
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cause any damage by negligence in felling any tree or cutting or dragging
any timber;
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quarry stone, burn lime or charcoal or search for, collect or remove any
forest produce or minerals;
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erect any building, or clear or break up any land for cultivation or for
any other purpose; or
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kindle, keep or carry any fire or leave any fire burning.
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Section 36
No person shall in a protected forest -
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erect any building, or clear or break up any land for cultivation or for
any other purpose;
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fell, cut, ring, mark, lop or tap any tree, or injure by fire or otherwise
any tree, or remove timber, firewood or charcoal;
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take or remove any forest produce;
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pasture cattle or permit cattle to trespass;
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cause any damage by negligence in felling any tree or cutting or dragging
any timber;
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quarry stone, burn lime or charcoal or search for minerals;
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kindle, keep or carry any fire or leave any fire burning; or
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commit any other acts of trespassing.
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Section 50
No person shall on any State land other than forest reserve, protected
forest or Government reserve -
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cut, saw, convert or remove any timber or firewood;
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burn or remove any charcoal; or
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cut, collect or remove any of the kinds of forest produce mentioned in the
First and Second Schedules, except in accordance with the terms of a licence
or permit issued under this Ordinance.
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Section 66
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No sawmill and no plant for the manufacturing of veneers, plywood,
mouldings or any other products from timber shall be built or operated
except under and in accordance with a licence issued by the Director.
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A licence under this section shall be valid for a period of not exceeding
one year from the date of issue, or for such longer period as the
*Minister may, in any particular case, approve.
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A licence under this section may contain such conditions as the Director
thinks fit including conditions providing -
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that the sawmill or plant shall be built on an approved site and to an
approved plan;
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for the quantity and nature of sawbenches and other machinery to be used;
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for a minimum output of timber; and
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for an annual fee for any machinery installed for use in sawmill based on
the estimated production capacity of such machinery.
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Section 67
A - (1)
The Director may, in consultation with the Minister, by notice in writing to
every holder of a licence or permit -
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fix or impose a limit on the volume of timber to be produced, taken, felled
or removed from any area covered by such licence or permit (hereinafter
referred to as "the production limit" for such period as may be specified
in the notice and may, in like manner, cancel, vary or amend any such
production limit;
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direct that a proportion of the timber from the production limit referred
to in paragraph (a), as may be determined from time to time (hereinafter
referred to as 'the reservation quota") shall be reserved for use or
processing by licensed sawmills within Sarawak;
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Section 67
A - (4)
Subject to any particular condition or limitation on reservation imposed in
the notice under subsection (1), no holder of a licence or permit to which
the notice apply shall -
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fell, extract or remove from any forest area covered by this licence or
permit any timber in excess of the production limit fixed or imposed under
subsection (1)(a) for the period specified in the notice; or
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export or caused to be exported or removed from Sarawak any timber forming
or constituting part of the reservation quota referred to in subsection 1(b).
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Section 67
A - (7)
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No timber shall be loaded or transmitted onto any vessel for export or
removal from Sarawak until a certificate (hereinafter referred to as
"Export Clearance Certificate") has been issued by the Director of Forests or
any person specially authorized by him certifying that the timber does not
form part of the reservation quota referred to in subsection 1(b).
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The master of every vessel carrying or towing timber for export or removal
from Sarawak shall not leave or attempt to leave any port until and unless
he has in his possession an Export Clearance Certificate provided to him
by the person exporting or removing the timber from Sarawak.
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An Export Clearance Certificate shall not be issued unless the Director
or his duly authorized forest officer is satisfied that -
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all royalties, premia, cess and other dues chargeable on any timber to be
exported or removed from Sarawak have been duly paid;
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such timber carried or towed by the vessel have been taken licence or permit
as indicated in the Forest Produce Removal Pass and other documents produced
by the master of the vessel in support of such claim; and
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the master of the vessel carrying or towing such timber has not contravened
any of the requirements of Part VII of the Sarawak Rivers (Traffic)
Regulations, 1993.
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Section 83 - (1) Any person who -
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exports or causes to be removed from Sarawak any timber in contravention of
section 67A (7) (a); or
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knowingly assists in the transportation for export or removal from Sarawak
any timber without an Export Clearance Certificate,
shall be guilty of an offence: Penalty, imprisonment for a term of not
less than one year but not exceeding 5 years, and shall also be liable to
a fine of fifty thousand ringgit.
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Section 83 - (2)
The master of any vessel who sends or attempts to send any vessel out of the
port without an Export Clearance Certificate in contravention of Section
67A (7) (b), and also the owner
and any person who is party or privy to the offence, shall be guilty of an
offence, and liable to the same penalty as that prescribed under
sub-section (1), and the vessel used in the commission of the offence
may be detained and dealt with in accordance with such rules as may be
described under Section 95.
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Section 83 - (3)
Any person who knowingly fells, extracts or removes from any forest area,
timber in excess of the production limit imposed under subsection (1)(a),
or of subsection (4), of section 67A
, shall be guilty of an offence: Penalty, imprisonment for
five years and a fine of fifty thousand ringgit.
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Section 83 - (4)
When a person is convicted of an offence under this section, the
convicting court shall, in addition to any penalty which it may impose,
order such person to pay to the State Government -
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a sum not exceeding ten times the royalty, premium and cess chargeable on
the timber exported or removed from the State without an Export Clearance
Certificate;
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a sum not exceeding ten times the value (as estimated by the Director or
any person specially authorized by him in that behalf) of the timber
felled, extracted or removed in excess of the production limit; and
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any other charges payable in accordance with the provisions of this
Ordinance,
and any sum ordered to be paid shall be recoverable as if it were a fine
imposed.
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Section 83 - (5)
Notwithstanding the provisions of sections 173
A and 294 of the Criminal
Procedure Code, any offence under this section shall be inquired into and
tried according to the provisions herein contained.
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Section 90 - (1)
When any person is convicted of an offence against the provisions of
Section 21, 36 or 50 the court shall, if application is made to it in that
behalf by or on behalf of the Director of Forests, issue a warrant addressed
to all police officers or forest officers requiring them forthwith to evict
such person from the forest reserve, protected forest or State land in which
the offence was committed, and to take possession, on behalf of the
Government, of all buildings, animals, crops and other property used
in the commission of the offence; and the persons to whom such warrant is
addressed shall forthwith carry the same into execution.
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Section 90 - (2)
An application under subsection (1) may be made without further process
if made before the court recording a conviction adjourns but, if not so
made, shall be made by summons before that court, and the court shall make
no further order unless prood of the service of such summons upon
the person convicted is forthcoming.
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Section 90B
- (1)