National Parks Act 1980 (Malaysia)

National Parks Act 1980
Parliament of Malaysia
	An Act to provide for the establishment and control of National Parks and for matters connected therewith.
Citation	Act 226
Territorial extent	Malaysia (except Kelantan, Terengganu, Pahang, Sabah and Sarawak)
Enacted by	Dewan Rakyat
Date passed	11 December 1979
Enacted by	Dewan Negara
Date passed	18 January 1980
Date of Royal Assent	11 February 1980
Date commenced	28 February 1980
Date effective	29 February 1980
Legislative history
Bill introduced in the Dewan Rakyat	National Parks Bill 1979
Bill citation	D.R. 26/1979
First reading	12 October 1979
Second reading	17 October 1979
Third reading	11 December 1979
Bill introduced in the Dewan Negara	National Parks Bill 1979
Bill citation	D.R. 26/1979
Introduced by	Ong Kee Hui, Minister of Science, Technology and Environment
First reading	12 December 1979
Second reading	15 January 1980
Third reading	18 January 1980
Amendments
	National Parks (Amendment) Act 1983 [Act A571]; Federal Territory of Labuan (Modification of the National Parks Enactment) Order 1984 [P.U. (A) 187/1984]
Keywords
	National park
	Status: In force

Last updated April 27, 2019

The National Parks Act 1980 (Malay : Akta Taman Negara 1980) is a Malaysian federal law that governs the creation and the maintenance national parks in Malaysia. It was created in 1980 during the controversy surrounding the protection of Endau Rompin forest complex. The act provides for the states to establish national parks to be administered by Department of Wildlife and National Parks under the federal government.

Malay is a major language of the Austronesian family spoken in Brunei, Indonesia, Malaysia and Singapore. A language of the Malays, it is spoken by 290 million people across the Strait of Malacca, including the coasts of the Malay Peninsula of Malaysia and the eastern coast of Sumatra in Indonesia and has been established as a native language of part of western coastal Sarawak and West Kalimantan in Borneo. It is also used as a trading language in the southern Philippines, including the southern parts of the Zamboanga Peninsula, the Sulu Archipelago and the southern predominantly Muslim-inhabited municipalities of Bataraza and Balabac in Palawan.

Malaysia is a country in Southeast Asia. The federal constitutional monarchy consists of 13 states and three federal territories, separated by the South China Sea into two similarly sized regions, Peninsular Malaysia and East Malaysia. Peninsular Malaysia shares a land and maritime border with Thailand and maritime borders with Singapore, Vietnam, and Indonesia. East Malaysia shares land and maritime borders with Brunei and Indonesia and a maritime border with the Philippines and Vietnam. Kuala Lumpur is the national capital and largest city while Putrajaya is the seat of federal government. With a population of over 30 million, Malaysia is the world's 44th most populous country. The southernmost point of continental Eurasia, Tanjung Piai, is in Malaysia. In the tropics, Malaysia is one of 17 megadiverse countries, with large numbers of endemic species.

Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central government is the federal law.

During its passing, the debate on state and federal power was common. The states and in particular Johor within the context of that time did not agree to the act as it was seen as surrendering states' right to the federal government. This objection prevented the Endau and Rompin from being gazetted as a national park prior to the 1990s. The act still gives rights for the State Authority to vote sections of land can be preserved for maintenance of roads, airstrips, reservoirs, dams, and service buildings.

Johor, formerly known as Johore, is a state of Malaysia in the south of the Malay Peninsula. Johor has land borders with the Malaysian states of Pahang to the north and Malacca and Negeri Sembilan to the northwest. Johor shares maritime borders with Singapore to the south and Indonesia to both the west and east. Johor Bahru is the capital city and the economic centre of the state, Kota Iskandar is the seat of the state government, and Muar serves as the royal town of the state. The old state capital is Johor Lama. As of the 2015 census, the state's population is 3,553,600. Johor has highly diverse tropical rainforests and an equatorial climate. The state's mountain ranges form part of the Titiwangsa Range, which is part of the larger Tenasserim Range connected to Thailand and Myanmar, with Mount Ophir being the highest point in Johor.

This Act shall not apply to Sabah and Sarawak and the State Parks of Kelantan, Pahang and Terengganu which together constitute the Taman Negara as described in the Schedule to the Taman Negara (Kelantan) Enactment [En. 14 of 1938] and in the First Schedules to the Taman Negara (Pahang) Enactment 1939 [En. 2 of 1938] and the Taman Negara (Terengganu) Enactment [En. 6 of 1358H].

Structure

The National Parks Act 1980, in its current form (1 January 2013), consists of 11 sections and no schedule (including 2 amendments), without separate Part.

Section 1: Short title and application
Section 2: Interpretation
Section 3: Establishment of National Park
Section 4: Object of establishment of National Parks
Section 5: National Parks Advisory Council
Section 6: Functions of National Parks Advisory Council
Section 7: Establishment of National Parks committees
Section 8: Director General and other persons to be responsible for proper carrying out of provisions of Act
Section 9: Occupation of land within National Park
Section 10: General prohibition of mining within National Park
Section 11: Regulations

National Park Establishment

In preservation of the lands, the State Authority has the right to request areas of reserved land to be placed under the control of the National Park committee. This establishment was created to protect wild life and objects of the environment while promoting education of conservation to the people of Malaysia.

National Park Advisory Council and its functions

The National Park Advisory Council was established to create a representative body for the National Parks. This would ensure different levels within the council to ensure different checks on committees. Positions include Chairman, State Secretary of each State where National Parks are located, Director General, Treasurer, representative of the Economic Planning Unit of the Prime Minister's Department, representative of the Tourist Development Corporation, and representative of the Department of Forestry. ^[1] These positions will ensure the conservation and development of the National Park.

Occupation of lands

Any land that is leased by the State Authorities are under the consideration of the National Park which can be used for the construction and maintenance or roads, airstrips, dams and reservoirs, hotels, rest houses, dwelling houses, buildings, works of public utility, and mining. Several restrictions do come with the general prohibition of mining within the National Park such as the contradiction of general interests to the State and the failure to have a license to mine. Although the land can be used for mining, there is general restrictions prohibiting the use of mining within the National Park. In order for mining to occur, the National Park must see a mining certificate or lease issued that grants rights to the passage. Without such, there will be implications due to the respect o the National Park Land.

Regulation of lands

The State Authority may still make regulations to the Act that will further the protection of the wildlife or land preservation. Acts include prohibition of killing, capturing wildlife, burning or cutting down vegetation within the National Park, or other regulations of misconduct that would harm the enjoyment of the National Park.

Related Research Articles

Pahang, officially Pahang Darul Makmur with the Arabic honorific Darul Makmur is a sultanate and a federal state of Malaysia. It is the third largest Malaysian state by area and ninth largest by population. The state occupies the basin of the Pahang River, and a stretch of the east coast as far south as Endau. Geographically located in the East Coast region of the Peninsular Malaysia, the state shares borders with the Malaysian states of Kelantan and Terengganu to the north, Perak, Selangor and Negeri Sembilan to the west, Johor to the south, while South China Sea is to the east. The Titiwangsa mountain range that forms a natural divider between the Peninsula’s east and west coasts is spread along the north and south of the state, peaking at Mount Tahan, which is 2,187m high. Although two thirds of the state is covered by dense rain forest, its central plains are intersected by numerous rivers, and along the coast there is a 32-kilometre wide expanse of alluvial soil that includes the deltas and estuarine plains of the Kuantan, Pahang, Rompin, Endau, and Mersing rivers.

Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The honorific of the state is Darul Naim. Kelantan is positioned in the north-east of Peninsular Malaysia. It is bordered by Narathiwat Province of Thailand to the north, Terengganu to the south-east, Perak to the west and Pahang to the south. To the north-east of Kelantan is the South China Sea.

Taman Negara is in Peninsular Malaysia. It was established in 1938/1939 as the King George V National Park after Theodore Hubback lobbied the sultans of Pahang, Terengganu and Kelantan to set aside a piece of land that covers the three states for the creation of a protected area. It was renamed Taman Negara after independence, which means "national park" in Malay. Taman Negara has a total area of 4,343 km² and it is one of the world's oldest deciduous rainforest, estimated to be more than 130 million years old.

The Pahang River is a river that flows through the state of Pahang, Malaysia. At 459 km in length, it is the longest river on the Malay Peninsula. The river begins at the confluence of Jelai and Tembeling rivers on the Titiwangsa Mountains and drains into the South China Sea.

Mersing is a town, mukim and the capital of Mersing District, Johor, Malaysia.

Bahau is the principal town of Jempol District, Negeri Sembilan, Malaysia. The town's name is believed to have been derived from a Chinese phrase. Bahau is literally translated as "Horse's Mouth" while the nearby town, Mahsan means "Horse's Body" in Cantonese. In addition, there's a linkage town called Tampin bordered with Malacca, locals nickname as Mahmei, means "Horse's Tail" in Cantonese.

Federal Route 3 is a main federal road running along the east coast of Peninsula Malaysia. The 739 kilometres (459 mi) federal highway connects Rantau Panjang in Kelantan until Johor Bahru in Johor. The entire FT3 highway is gazetted as a part of the Asian Highway Network route 18.

Endau-Rompin National Park is a protected tropical rainforest in the southernmost prolongation of the Tenasserim Hills, Malaysia. It is south of the state of Pahang and northeast of Johor covering an area of approximately 870 km² (340 sq mi), making it the second-largest national park in Peninsular Malaysia after Taman Negara. It has approximately 26 km (16 mi) of trail. It is the second national park proclaimed by the government of Malaysia. Gunung Besar, the second-highest peak in Johor, is in the park.

The Batek are an indigenous people who live in the rainforest of peninsular Malaysia. As a result of encroachment, they now primarily inhabit the Taman Negara National Park. They are nomadic hunters and gatherers, so the exact location of their settlements change within the general confines of the area that they inhabit.

The Jerantut District is a district in north-eastern Pahang, Malaysia. Jerantut is home to the National Park.

The Rompin District is a district located in the southeastern corner of Pahang, Malaysia. Rompin is currently belings to Rompin District Council

Gua Musang is a town, district and parliamentary constituency in southern Kelantan, Malaysia. It is the largest district in Kelantan. Gua Musang is administered by the Gua Musang District Council. Gua Musang district is bordered by the state of Pahang to the south, Terengganu to the east, Perak to the west and the Kelantanese districts of Kuala Krai and Jeli to the north. It is a small railway town about 140 km south of state capital Kota Bharu. Gua Musang is represented by Tengku Razaleigh Hamzah in the Dewan Rakyat. The town lies on the railway line from Tumpat to Gemas.

Malaysian Wildlife Law consists of the regulation, protection, conservation and management of wildlife in Malaysia. The Constitution of Malaysia empowers those at the federal and the states level to make laws regarding wildlife resources. As such, eleven states in peninsular are managed under an act while Sabah enacted an enactment and Sarawak an ordinance.

Malaysia is ranked 9th in the world for tourist arrivals. The Travel and Tourism Competitiveness Report 2017 ranks Malaysia 25th out of 141 countries overall, which was the fifth best in Asia.

The Lipis District is a district located in north-west of Pahang, Malaysia. The district covers an area of 5,198 km². Lipis district is bordered by Cameron Highlands and Perak on the west, Jerantut on the east, Kelantan and Raub on the north and south, respectively. Lipis has 10 mukim or subdistricts, the largest being Ulu Jelai. The district capital is Kuala Lipis. During the British colonization, Kuala Lipis was made the state's capital city. Kuala Lipis was the administrative capital of Pahang for 57 years from 1898 until 27 August 1955, when Kuantan was picked as the new capital. Lipis was blessed with many types of minerals such as tin and gold, and products from the surrounding forests.

The Ministry of Water, Land and Natural Resources, abbreviated KATS, is a ministry of the Government of Malaysia that is responsible for natural resources, water, pollution, contamination, biosafety, lands, mines, minerals, geoscience, irrigation, drainage, hydrology, biodiversity, wildlife, national parks, forestry, marine park, surveying, mapping and geospatial data.

Rompin is a federal constituency in Pahang, Malaysia, that has been represented in the Dewan Rakyat since 1986.

References

↑ Laws of Malaysia Act 226: National Parks Act 1980

External links

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[1] Laws of Malaysia Act 226: National Parks Act 1980