STATE OF SABAH

PARKS ENACTMENT 1984

(Sabah No. 6 of 1984)
2007 Amendment
CONTENTS

Page

ARRANGEMENT OF SECTIONS … … … … 2

LIST OF AMENDMENTS … … … … … 5

THE ENACTMENT … … … … … … 6

1
PARKS ENACTMENT 1984
(No. 6 of 1984)
___________________
ARRANGEMENT OF SECTIONS
___________________

PART 1
PRELIMINARY
Section
1. Short title.
2. Interpretation.

PART II
ESTABLISHMENT OF PARKS

3. Power to constitute Park.

4. Lapse of notification of intention.
5. Alienation of land, new buildings and cultivation prohibited after
publication of notice.
6. Publication of notice.
7. Inquiry by District Officer or Collector.
8. Submission of fact of inquiry to Yang di-Pertua Negeri.
9. Board to regulate mode of exercising right and privilege.
10. Acquisition of alienated land for inclusion in Park.
11. Abandonment of proposal to reserve.
12. Conversion of forest reserve, game sanctuary and bird sanctuary.
13. Declaration of Park.
14. Concession, rescission and modification of rights, privileges and
conditions.
15. Prohibition of transfer of rights and privileges.
16. Acquisition of rights in a Park.
17. Constitution of Parks.
18. Power to declare cessation of a Park.
19. Lapse of notification of intention.
20. Publication of notice.
21. Inquiry by District Officer or Collector.
22. Submission of fact of inquiry to Yang di-Pertua Negeri.
23. Power to declare cessation of a Park.

2
PART III
ESTABLISHMENT AND CONSTITUTION OF
A BOARD OF TRUSTEES

Section
24. Establishment of a Board of Trustees.
25. Composition of Board.
26. Resignation and revocation.
27. Disqualification from membership.
28. Vacation of office.
29. Leave of absence.
30. Casual vacancies and temporary membership.
31. Remuneration of members of Board.

PART IV
PROCEDURE OF BOARD
32. Meetings.
33. Procedure of meetings.
34. Members interested note to vote.
35. Power to appoint committee.
36. Meetings of a committee.
37. Delegation of powers.
38. Power of Chairman to delegate.
39. Execution of documents, etc..
40. Vacancy not to invalidate acts, etc..

PART V
ADMINISTRATION
41. Appointment of Director, officers and servants.
42. Restriction on alterations in establishment.
43. Director as chief executive officer.
44. Officer or servant not to be interested in contracts.

PART VI
FUNCTIONS OF THE BOARD
45. Functions of the Board.

PART VII
FINANCIAL PROVISION
46. Parks Fund.
47. Board to keep accounts, etc..

3
PART VIII
CONTROL OF PARKS

Section
48. Prohibition of certain acts except with permission of Board, etc..
49. Power of Director.
50. Trophies deemed property of the Board.
51. Power of inspection of Director, Trustee or Park Officer.
52. Power of arrest, search and seizure.
53. Offence.
54. Power of prosecute.
55. Forfeiture and disqualification.
56. Power of Director to compound offences.

PART IX
GENERAL

57. Protection against legal proceedings.

58. Penalties.
59. Power of the Board to make regulations.
60. Power of Minister to give directions.
60A. Amendment of Schedule.
61. Repeal and saving.

4
PARKS ENACTMENT 1984
(No. 6 of 1984)

LIST OF AMENDMENTS

Enactment No. Sections amended Effective date of

Amendment

2/1987 54 16 – 4 – 1987

7/1996 2 (definitions of “animal”, 25 – 7 – 1996

“protected plant”, “vegetation”),
3, 17(1), 25(1), 41(1), 45(2),
46(1), (4), (5), (7),
47(1), (2), (3), (4), (6), (7),
48, 51(1), 54, 56(1), (2), 58(1),
59(1), 60 A, Sch.

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PARKS ENACTMENT 1984
(No. 6 of 1984)

An Enactment to repeal and re-enact the law relating to the

provision and control of National Parks and National Reserves in Sabah
and to provide for matters incidental thereto and connected therewith so as
to make better provisions respecting the constitution, administration,
procedure, functions and finance of Parks.

[15 March 1984]

ENACTED by the Legislature of the State of Sabah as follows:

PART 1
PRELIMINARY

1. This Enactment may be cited as the Parks Enactment 1984. Short title.

2. In this Enactment unless the context otherwise requires – Interpretation.

“animal” means any mammal, reptile, insect, bird, fish, crustacean,

coral (whether living or dead) any vertebrate or invertebrate
animal living in aquatic and terrestrial environment;

“authority” means the Board, or the Director or any Park Officer

authorized by the Director in that behalf;

“Board” means the Board of Trustees constituted under the

provisions of section 24;

“boat” includes vessels of all sizes, motorized or non motorized,

powered mechanically, manually or by sail, which is used for the
purpose of recreation, transporting goods or passengers, fishing or
dredging on water;

“building” includes any house, hut, shelter, platform, wall, fence,

gate, bridge or any other constructed structure;

“Collector” shall have the same meaning as in the Land Ordinance; Cap. 68.

“commercial timber” shall have the same meaning in Schedule I of

the Forest Rules 1969 of the Forest Enactment 1968;

“coral” refers to the living polyps and/or the external skeleton,

hard calcareous or soft, dead or alive, individually or in colony;

“declaration” means a declaration of land as a Park or Nature

Reserves under section 13;

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“Director” means the Director of Parks appointed under section 41;

“Fund” means the Park Fund established under section 46;

“harvest” means to gather, collect, take, pick, uproot, cut down,

lop, prune any plant either in whole or part of it or any cutting
thereof;

“Honorary Park Ranger or Honorary Park Warden” means any

person, other than a park officer, appointed by the Director under
section 41A;

“hunt” and “hunting” means the doing of any act immediately

directed at the killing, wounding, injuring, disturbing, collecting,
taking or capture of any wild animal including eggs and young
ones, and the following of any animal of its lair;

“land” means the State land as defined in the Land Ordinance and Cap. 68.
any other land granted or leased to the Board for the purpose of a
Park or Nature Reserves and includes the territorial waters of the
State and the seabed beneath;

“logged-over area” means any area where commercial species as

defined in Schedule I of the Forest Rules 1969 of the Forest
Enactment 1968 had been logged over leaving behind the non-
commercial trees;

“mineral” means all rock, stone gravel, sand, soil and coral other
than mineral oil, minerals or mineral substances which are subject
to the provisions of the Mining Ordinance 1960; Ord. No. 20/1960.

“Minister” means the minister for the time being responsible for
matters relating to Parks;

“notification of intention” means a notification published under

sections 3 and 18;

“Parks” means any area of land constituted as a Park under the

provisions of Part II;

“Nature Reserves” means any area of land constituted as a Nature

Reserve under the provisions of Part II. It also means an area of
land having a minimum size of 2,500 acres but does not qualify for
one or more characteristics to be a Park under the international
definition;

“Park Officer” means any person appointed under section 41(1)(b);

“person” includes an individual, and a body of persons, corporate or

unincorporated;

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“poison” includes any chemical or any organic substances which
cause harm, deterioration, temporary or permanent loss of senses,
unconsciousness loss of ability to move or death to any living
animal, human being or plants;

“protected plant” means any plant specified in the Schedule;

“thing” means any log, tractor, lorry, logging truck, machinery and
any other equipment believed to have been used in the commission
of an offence;

“tree” in section 48(1) means any woody plant with a diameter of

30 centimeters and above, measured at 140 centimeter above
ground, or when felled, measured 30 centimeters at the large end of
the trunk;

“trophy” means any animal alive or dead, and any bone, claw, shell,
carapace, plastron, feather, hair, hoof, horn, ivory, beak, skin, tooth,
tusk, egg or other durable portion whatsoever of any animal,
whether processed or not which is readily recognized as a durable
portion of any animal;

“Trustee” means a person appointed as a Trustee under section 25;

“vegetation” means any vegetable matter living or dead including,

but not restricted to, trees, aquatic plants (sea grass, seaweed and
marine algae), creepers, logs, rattan, bamboo’s, stems, barks, roots,
wood, leaves, flowers, saps, latex, fruits, seeds, mushrooms, nuts or
any product of the above.

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PART II

ESTABLISHMENT OF PARKS
AND NATURE RESERVES

3. The Yang di-Pertua Negeri may, with the advice of the Minister, by Power to
constitute Park
notification in the Gazette, declare his intention to constitute any or Nature
land as a Park or Nature Reserve and such notification shall - Reserve.

(a) specify as nearly as possible the situation and extent of such

land; and

(b) declare that it is proposed to constitute such land a Park or

Nature Reserve.

4. A notification of intention shall lapse at the end of such period as Lapse of

notification of
shall in each case be specified therein: intention.

Provided that the Yang di-Pertua Negeri may by notice in the

Gazette extend the operation of any notification of intention from
time to time for such further period or periods as he may think fit.

5. During the interval between the publication of a notification of Alienation of

land, new
intention (such notification not having lapsed as provided in section buildings and
4) and the date fixed by the notification declaring a Park or Nature cultivation
prohibited after
Reserve as in section 13, no land shall be alienated under the publication of
provisions of the Land Ordinance, no new house shall be built or notice.
plantation formed and no fresh clearing for a cultivation or for any
other purpose shall be made and no hunting shall take place on or in Cap. 68.
any land mentioned in such notice:

Provided that the Minister may, with the recommendation of

the Director, in his discretion authorize in writing the doing of any
act which would otherwise be prohibited under this section.

6. At any time after the publication of a notification of intention, the Publication of

notice.
District Officer or Collector of the district in which the land
concerned is situated, shall publish in convenient places on such
land, and elsewhere as he may deem expedient, a notice in Bahasa
Malaysia and English language and in such other languages as the
Yang di-Pertua Negeri may in any particular case direct -

(a) specifying as nearly as possible the situation and extent of

the land proposed as a Park or Nature Reserve;

(b) setting forth the provisions in substance of section 7;

(c) explaining the consequences which, as hereinafter provided,

will ensue on the declaration of such Park or Nature
Reserve;

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(d) fixing the period of not less than three months from the date
of publication of such notice, and requiring every person,
who has any objection to the proposal or who claims to
exercise any right or privilege which is being or has been
exercised in or over any part of such land, either to present
to such District Officer or Collector within such period a
written notice specifying or to appear before him within
such period stating, the nature of such objection, right or
privilege.

7. (1) The District Officer or Collector shall – Inquiry by

District Officer
or Collector.
(a) take down in writing all statements made in response to his
requirement under paragraph (d) of section 6;

(b) inquire into all objections raised and claims made in

response to such requirement;

(c) inquire into the propriety of maintaining any right or

conceding any privilege in and over the land which is being
or has been exercised but in respect of which no claim is
made.

(2) For the purpose of any inquiry under this section, the District
Officer or Collector may exercise the same powers as are vested in
a Magistrate’s Court for compelling the attendance of witnesses and
the production of documents.

8. After complying with the provisions of section 7, the District Submission of

fact of inquiry to
Officer or Collector shall with all convenient speed forward to the Yang di-Pertua
Yang di-Pertua Negeri a statement of particulars of all rights, Negeri.

privileges, objections and opinion; and the Yang di-Pertua Negeri,

after considering the views of the District Officer or Collector and
after such further inquiry as the Yang di-Pertua Negeri may think
necessary, shall make an order conceding, modifying or disallowing
the exercise of such rights and privileges and admitting or rejecting
such objections either wholly or in part, as shall seen right to him.

9. (1) Every order made under section 8 conceding any right or Board to
regulate mode of
privilege within a proposed Park or Nature Reserve shall prescribe, exercising right
as far as possible, the quantity and nature of such right or privilege, and privilege.

and the exercise of such right or privilege shall be subject to the

control of the Board and to such directions as the Board may give to
regulate the mode in which such right or privilege may be
exercised.

(2) In the event of any dispute either party may appeal to the
Minister whose decision shall be final.

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10. If the Yang di-Pertua Negeri considers it expedient to include in a Acquisition of
alienated land
Park or Nature Reserve any land leased or granted to, or otherwise for inclusion in
lawfully occupied by any person, he may cause such land to be Park or Nature
Reserve.
acquired as for a public purpose under the provisions of the
Land Acquisition Ordinance, and may thereafter include such land Cap. 69.

within the limits of the Park or Nature Reserve.

11. (1) The Yang di-Pertua Negeri may at any time before the Abandonment of
publication of a declaration under section 13, withdraw a proposal proposal to
reserve.
to constitute any land a Park or Nature Reserve.

(2) When a withdrawal is made under subsection (1) a notice shall

be published by the District Officer or Collector concerned in the
same places and in the same manner in which the notice under
section 6 or section 10 was published, announcing that the proposed
declaration has been withdrawn.

(3) On the publication of a notice under subsection (2), the

provisions of section 5 shall cease to apply to such land.

12. The Yang di-Pertua Negeri may, with the advice of the Cabinet by Conversion of
notice in the Gazette, declare his intention to convert any forest forest reserve,
game sanctuary
reserve, game sanctuary or bird sanctuary or any other reserve or and bird
sanctuary declared under any written law in whole or in part, to be a sanctuary.

Park or Nature Reserve and such notice shall specify as nearly as En. No. 2/1968.
possible the situation and extent of area, and he may at any time Ord. No.
before the publication of declaration under section 13 withdraw 11/1963.
such notice.

13. (1) When any of the following events has occurred namely - Declaration of
Park or Nature
Reserve.
(a) the period fixed under paragraph (d) of section 6 has lapsed
and all objections and claims, if any, made within such
period have been disposed of by the Yang di-Pertua Negeri;

(b) all land, if any, to be included in the area proposed for

declaration which the Yang di-Pertua Negeri has under the
provisions of section 10 elected to acquire under the Land
Acquisition Ordinance has been vested in the State; Cap. 69.

(c) the notice under section 12 has been published and has not
been withdrawn,

the Yang di-Pertua Negeri may, by declaration in the Gazette

specifying the land which it is intended to constitute a Park or
Nature Reserve mentioning the rights and privileges conceded in
respect of such land and stating the special conditions, if any,
governing the declaration thereof, declare such land to be a Park or
Nature Reserve from a date fixed by such declaration.

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(2) From the date fixed by such declaration such land as is
mentioned therein, together with all the produce thereof, and things
found therein, shall be a Park or Nature Reserve subject only
to the rights and privileges mentioned and any special conditions
stated in such declaration.

(3) When any land which is within any local authority area is
declared to be a Park or Nature Reserve, it shall thereupon cease to
be part of the local authority area and section 107 of the Local
Government Ordinance 1961 shall have no application thereto. Ord. No. 11/1961.

(4) When any land which is a forest reserve, game sanctuary or

bird sanctuary is declared to be a Park or Nature Reserve it shall
thereupon cease to be a forest reserve, game sanctuary or bird
sanctuary as the case may be.

(5) All land which is specified in a declaration shall, with effect

from the date fixed by such declaration and by virtue thereof, vest
in the Board for an estate in leasehold for a period of nine hundred
and ninety-nine years free of all liabilities and encumbrances not
mentioned in the declaration and without payment of any transfer
duty, stamp duty, fee of office or other duty, tax or charge
otherwise payable under written law in respect of any property or
right and for the purposes of the law relating to the registration of
title to the land such estate shall be deemed to have been granted
under the provisions of such Land Ordinance. Cap. 68.

(6) Any public officer or other person having a duty or power to

make any entry in any register, or to issue any certificate, in respect
of the transfer of any property or right shall, at the request in
writing of the Board, make any such entry or issue any such
certificate in favour of the Board as is necessary to give full force
and effect to the provisions of subsection (5).

14. The Yang di-Pertua Negeri may, by notification in the Gazette after Concession,
such inquiry as he may deem necessary, rescind, modify or add to rescission and
modification of
any right or privilege conceded or any condition governing the rights, privileges
declaration of a Park or Nature Reserve and mentioned or stated in and conditions.

any such declaration.

15. Notwithstanding anything hereinbefore contained, no right or Prohibition of

privilege conceded in a declaration shall be transferred by way of transfer of rights
and privileges.
grant, sale, lease, charge or by way of inheritance, except with the
authority of the Director of Lands and Surveys.

16. Subject to the provisions of this Enactment, no right of any Acquisition of

description in respect of a Park or Nature Reserve or any part rights in a Park
or Nature
thereof or any produce therein shall be acquired except such as the Reserve
Board, in the exercise of its powers under the provisions of this
Enactment, may grant.

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17. (1) There shall be constituted the following Parks - Constitution of
Parks.

Plan No.
(a) Taman Kinabalu (75,370 ha.) 99197385
(b) Taman Tunku Abdul Rahman (4,929 ha.) 99197164
99197302
(c) Taman Pulau Penyu (1,740 ha.) 99197210
(d) Taman Pulau Tiga (15,864 ha.) 99197215
(e) Taman Bukit Tawau (27,972 ha.) 99197280
(f) Taman Banjaran Crocker (139,919 ha.) 99194663
(g) Taman Marin Tun Sakaran (35,000 ha.) 99197697

(2) The situation and extent of each Park are shown and delineated
of Plan No. 99197388 deposited in the office of the Speaker of the
Legislative Assembly, the Secretary of Natural Resources and the
Director of Parks.

(3) The rights ad privileges and conditions governing any of the

Parks and existing at the time this Enactment comes into operation
shall continue and shall be deemed to be conceded or stated as the
case may be under section 8 and 13.

(4) The provisions of this Enactment shall apply to the Parks or

Nature Reserves hereby constituted in the manner and to the same
extent as Parks or Nature Reserves constituted under section 13.

18. The Yang di-Pertua Negeri may, with the advice of the Minister, by Power to declare
cessation of a
notification in the Gazette, declare his intention to rescind the Park or Nature
constitution of a Park or Nature Reserve after a scientific research Reserve.
or investigation had been carried out to justify the de-gazettement
of a portion or the whole of the said park or nature reserve or part
thereof and such notification shall -

(a) specify as nearly as possible the situation and extent of such

land; and

(b) declare that it is proposed that such land shall cease to be a

Park or Nature Reserve.

19. A notification of intention shall lapse at the end of such period as Lapse of
shall in each case be specified therein: notification of
intention.

Provided that the Yang di-Pertua Negeri may by notice in the

Gazette extend the operation of any notification of intention from
time to time for such further period or periods as he may think fit.

20. At any time after the publication of a notification of intention, the Publication of
notice.
District Officer or Collector of the district in which the land
concerned is situated, shall publish in convenient places on such
land, and elsewhere as he may deem expedient, a notice in Bahasa

13
Malaysia and English language and in such other languages as the
Yang di-Pertua Negeri may in any particular case direct -

(a) specifying as nearly as possible the situation and extent of the

land proposed to cease to be a Park or Nature Reserve;

(b) setting forth the provisions in substance of section 21;

(c) explaining the consequences which, as hereinafter provided,

will ensue on the declaration that such land shall cease to be a
Park or Nature Reserve;

(d) fixing the period of not less than three months from the date
of publication of such notice, and requiring every person who
has any objection to the proposal either to present to such
District Officer or Collector within such period a written
notice specifying or to appear before him within such period
stating the nature of such objection.

21. (1) The District Officer or Collector shall - Inquiry by

District Officer
or Collector.
(a) take down in writing all statements made in response to his
requirement under paragraph (d) of section 20;

(b) inquire into all objections raised in response to such

requirement.

(2) For the purpose of any inquiry under this section, the District
Officer or Collector may exercise the same powers as are vested in
a Magistrate’s Court for compelling the attendance of witnesses and
the production of documents.

22. After complying with the provisions of section 21, the District Submission of fact
of inquiry to Yang
Officer or Collector shall with all convenient speed forward to the di-Pertua Negeri.
Yang di-Pertua Negeri a statement of particulars of all objections
and opinion; and the Yang di-Pertua Negeri, after considering the
views of the District Officer or Collector and after such further
inquiry as the Yang di-Pertua Negeri may think necessary, shall
make an order as shall seem right to him.

23. (1) The Yang di-Pertua Negeri, after consultation with the Board Power to declare
cessation of a Park
may, by notice in the Gazette, order that from a date to be fixed by or Nature Reserves.
such notice any Park or Nature Reserve or any portion thereof shall
cease to be a Park or Nature Reserve.

(2) The Yang di-Pertua Negeri may give orders dealing with or in
regard to the affairs of property of the Board as may be affected by
or consequential on any order under subsection (1).

14
PART III

ESTABLISHMENT AND CONSTITUTION OF

A BOARD OF TRUSTEES

24. (1) As from the commencement of this Enactment there shall be

constituted a Board to be called the Board of Trustees of the Sabah Establishment of
a Board of
Parks which shall be a body corporate with perpetual succession, Trustees.
capable of suing and being sued in its corporate name and with
power to purchase or otherwise acquire, hold and exchange or
alienate or otherwise deal with in any lawful manner whatsoever,
any property movable and immovable, and to enter into contracts
and generally to do such acts and things as a body corporate may do
by law and as are necessary for, or incidental to, the carrying out of
its objects and the exercise of its powers as set out in this
Enactment.

(2) The Board shall have a common seal which shall bear such
device as the Board may approve and such seal may from time to
time be broken, changed, altered and made anew by the Board as
the Board may think fit.

25. (1) The Board shall consist of the following members -

Composition of
Board.
(a) a Chairman;

(b) a Deputy Chairman;

(c) three ex-officio members, who shall be persons for the time
being holding the offices of the Permanent Secretary to the
Ministry responsible for Parks, the Secretary of Natural
Resources and the Permanent Secretary of the Ministry of
Finance;

(d) four other members;

(e) the person for the time being holding the office of the
Director:

Provided that the Director shall not be entitled to vote at the

meeting of the Board.

(2) The members as specified in paragraphs (a), (b) and (d) of

subsection (1) shall be appointed by the Yang di-Pertua Negeri.

(3) An ex-officio member may by instrument in writing addressed

to the Chairman appoint another officer in the public service of the
State as an alternate member who may attend on his behalf any
meeting of the Board which such member is for any reason unable

15
to attend and such alternate member when attending such meeting
shall for all purposes be deemed to be a member of the Board.

(4) Subject to the provisions of section 28 of this Enactment, a

member other than an ex-officio member and the Director, shall
hold office for a period of three years from the date of his
appointment, and shall be eligible for reappointment.

26. (1) A member, other than an ex-officio member and the Director, Resignation and
revocation.
may at any time resign his office by giving notice in writing to the
Chairman.

(2) The appointment of a member may at any time be revoked by

the Yang di-Pertua Negeri if he thinks it expedient to do so.

27. The following persons shall be disqualified from being appointed Disqualification
from
as, or if appointed, remaining a member - membership.

(a) a person who is of unsound mind or otherwise incapable of

performing his duties or managing his affairs;

(b) a person who is prohibited from being a director of a company

under the provisions of any written law relating to companies;

(c) a person who has been convicted of any offence involving

fraud, dishonesty or moral turpitude; and

(d) a bankrupt.

28. The office of a member, other than an ex-officio member and the Vacation of office.
Director, shall become vacant -

(a) of his death;

(b) if he is absent from three consecutive meetings of the Board

without the special leave of the Chairman or leave of absence
granted under this Enactment and the Board passes a
resolution declaring his office vacant;

(c) if he resigns his office;

(d) if he becomes disqualified for membership under section 27

of this Enactment;

(e) if his appointment is revoked by the Yang di-Pertua Negeri.

29. The Minister may grant to any member such leave of absence as the Leave of absence.
Minister may deem fit.

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30. (1) If the office of a member, other than an ex-officio member and Casual vacancies
the Director, becomes vacant, the Yang di-Pertua Negeri may and temporary
appoint another suitably qualified person to fill such vacancy for so membership.

long only as the member in whose place he is appointed would have

held office.

(2) Where any member, other than an ex-officio member and the
Director, is prevented by illness, absence from the State or other
like cause from performing his duties as a member the Yang di-
Pertua Negeri may appoint any suitably qualified person to act as
deputy for such member during such period as he is so prevented
from performing his duties.

31. There may be paid to the members or to such of them as the Remuneration of
Minister may determine, such salaries, fees and allowance out of members of
the Fund as the Minister may from time to time approve. Board.

17
PART IV

PROCEDURE OF BOARD

32. (1) The Board shall meet as often as may be necessary or Meetings.
expedient for the transaction of its business and such meetings
shall be held at such places and times as the Chairman may
determine:

Provided that the Chairman shall not allow more than three
months to elapse between such meetings.

(2) Where not less than three members, by notice in writing signed
by them and addressed to the Chairman, request that a meeting of
the Board be held for any purpose specified in such notice the
Chairman shall, within seven days of the receipt by him of such
notice, convene a meeting accordingly.

33. (1) The quorum necessary for the transaction of the business of the Procedure of
Board shall be five. meetings.

(2) In the absence of the Chairman from any meeting of the Board,
the Deputy Chairman shall preside thereat and, in the absence of
both the Chairman and the Deputy Chairman, the members present
shall elect one of their number to preside thereat.

(3) Questions arising at any meeting of the Board, shall be decided

by the votes of the majority of those present and voting thereon
and in the case of an equality of votes the Chairman or other
person presiding at such meeting shall have a second or casting
vote.

34. (1) Any member who has or acquires, directly or indirectly by Members
himself, his partner or agent - interested not to
vote.

(a) any share or interest in any contract made with or work done
for the Board or in any company or with any person or in
respect of any undertaking with which the Board proposes to
contract; or

(b) any beneficial interest in land proposed to be acquired,

purchased, leased or otherwise dealt with by the Board or
which he knows to be affected or to be likely to be affected
by any project, scheme or enterprise approved or proposed to
be approved by the Board,

shall, before taking part in any proceedings at a meeting of the

Board, relating to or affecting directly or indirectly any such
contract or land, inform the person presiding at such meeting of the

18
nature and extent of such share or interest, and such information
shall be recorded in the minutes of such meeting, and such
member shall not vote upon any resolution or question relating
thereto, or to matters incidental thereto and if the person presiding
at the meeting so requests, such member shall withdraw from the
meeting during such deliberation or decision:

Provided that no member shall be deemed to have or

acquire any share or interest in a contract with the Board by reason
only that he has or acquires a share in any loan issued by the Board
or in any security for the same:

Provided further that for the purpose of determining

whether there is a quorum a member who attends the meeting shall
be treated as being present notwithstanding that, under the
provisions of this section, he may not vote or has withdrawn.

(2) Any person who contravenes or fails to comply with the

provisions of subsection (1) of this section shall be guilty of an
offence and shall be liable on conviction to a fine of one thousand
ringgit and imprisonment for six months.

35. (1) Subject to the provisions of this Enactment, the Board may, for Power to
appoint
any general or special purpose, appoint such committees as it committee.
thinks desirable.

(2) A committee may do all such things as may be necessary for

the effective carrying out of its functions but shall be subject to the
general directions of the Board.

(3) A committee shall consist of a Chairman and not more than

five other persons.

(4) A committee shall consist of persons who are not members of

the Board.

(5) Member of a committee may be paid such remuneration or

allowance as the Board may, with the approval of the Minister,
determine.

36. (1) In the absence of the Chairman of a committee from any Meetings of a
committee.
meeting of the committee such other member of the committee as
may be elected by the members present shall preside over the
meeting.

(2) The quorum for the meeting of a committee shall be three.

(3) Any question to be determined at any meeting of a committee

19
shall be decided by the votes of the majority of those present and
voting thereon, and in case of an equality of votes the person
presiding shall have a second or casting vote.

(4) A committee may invite to any of its meeting any person who
can in its opinion contribute to its deliberations but such a person
shall have no right to vote at the meeting.

(5) Subject to this section and the directions of the Board, a

committee shall regulate its own procedure.

37. (1) The Board may delegate to any committee, officer or servant Delegation of
powers.
of the Board, such of its functions as it may deem necessary or
desirable.

(2) Any functions delegated under this section -

(a) may be so delegated subject to such conditions or

restrictions as the Board may either generally or specially
impose;

(b) shall be exercised by the committee, member, officer or

servant concerned in the name and on behalf of the
Board.

(3) No delegation made under this section shall preclude the

Board itself from exercising or performing at any time any of
the functions so delegated.

38. (1) Subject to the provisions of this Enactment and of any Power of
Chairman to
regulations made thereunder, the Chairman may delegate in delegate.
writing to any member, officer or servant of the Board the power
and authority to carry out on his behalf such duties, powers or
functions as he may determine.

(2) The Chairman may at the time of delegating any power or

authority under subsection (1) to any member, officer or servant, or
at any time thereafter give directions as to the manner in which
such delegated power or authority is to be exercised and may at
any time revoke, modify or increase such delegation.

39. (1) The common seal of the Board shall be in the custody of the Execution of
documents,
Chairman and shall not be used except in the presence of the etc..
Chairman or Deputy Chairman and one member and such use shall
be authenticated by the signatures of such persons and such
authentication shall be sufficient evidence that such seal was duly
and properly fixed and that it is the lawful seal of the Board.

20
(2) All documents, other than those required by law to be under
seal, to which the Board is a party may be signed on behalf of the
Board by the Chairman or any member or by any officer or servant
generally or specially or specially authorized in that behalf by the
Board.

40. (1) No act or proceeding of the Board or any committee thereof Vacancy not to
invalidate acts,
shall be questioned on account of any vacancy among the members etc..
or on account of the appointment of any member having been
defective.

(2) Until the contrary is proved every meeting of the Board of any
committee thereof shall be deemed to have been duly convened
and held and all members present thereat shall be deemed to have
been duly qualified.

(3) A statement in any document to the effect that any function

has been delegated under this Part shall, unless the contrary is
proved, be evidence that such delegation has been lawfully made.

21
PART V

ADMINISTRATION

41. (1) Subject to section 42, the Board shall appoint - Appointment of
Director, officers
and servants.
(a) a Director of Parks whose powers, duties and functions
shall include –

(i) the administration of this Enactment and any other

regulations and orders made thereunder;

(ii) the responsibility for and the coordination of all

activities relating to Parks and Nature Reserves;
(iii) undertaking surveys, investigation and studies for
the establishment of new Parks and Nature Reserves;
(iv) recommending to the Minister and the Board
policies and regulations for the protection of the
interest of Parks and the execution of powers under
this Enactment;
(v) promoting, conducting and coordinating research in
relation to any aspect of Parks and/or Nature
Reserves;
(vi) publishing an annual report on activities of Parks
during the following year and any such other report
and information with respect to any aspect of Parks
and Nature Reserves;
(vii) undertaking investigations and inspection to ensure
compliance with this Enactment or the regulations
made here under and investigating complaints
relating to breaches of this Enactment or regulations
made hereunder;
(viii) providing information and education to the public
regarding Parks and Nature Reserves;
(ix) reporting to the Ministry upon matters concerning
the protection and improvements of Parks and
Nature Reserves and upon any amendment he
considers desirable to any law affecting Parks and
Nature Reserves;
(x) promoting, encouraging, coordinating and carrying
out systematic planning in Parks and Nature
Reserves; and

22
(xi) appointing officers and servant with the approval of
the Board.

(b) any number of officers and servants as may be considered

necessary for the purposes of this Enactment.

(2) Whenever the Director is prevented by illness, absence from

the State, or other like cause from performing his duties as such, or
when the office of Director is vacant, the Board may appoint one
of its officers to perform the duties of Director during such period
as the Director is so prevented from performing his duties or the
said office is vacant.

(3) Subject to the approval of the Government, the Director and

other officers and servants of the Board shall be engaged on such
terms and conditions as the Board may think fit.

41A. (1) The Director may from time to time, appoint suitable Honorary Park
Rangers or
persons to be Honorary Park Rangers or Honorary Park Wardens to Honorary Park
assist in carrying into effect the provisions of this Enactment. Wardens.

(2) The appointment of an Honorary Park Ranger or Honorary Park

Wardens shall be –

(a) notified in the Gazette; and

(b) made for a period of three years and such appointments

may if thought fit, be renewed by the Director.

(3) The Director shall specify the duties and responsibilities of

Honorary Park Rangers or Honorary Park Wardens.

(4) The Director may pay Honorary Park Rangers or Honorary

Park Wardens such honorarium as may be approved by the Board.

42. The Board shall not, without the approval of the Government, Restriction on
alterations in
make any addition to its established posts. establishment.

43. (1) The Director shall be the chief executive officer responsible to Director as
chief executive
the Board and shall perform such duties and exercise such powers officer.
as may be determined or delegated by the Board.

(2) Subject to the directions and control of the Board, all officers
and servants of the Board shall be under the administrative control
of the Director who may delegate such of his duties and powers as
he may determine.

44. (1) No person shall be eligible for employment as an officer or Officer or

servant not to
servant of the Board who has, directly or indirectly, by himself or be interested in
contracts.

23
his partner, any share or interest in any contract with, for or on
behalf of the Board.

(2) Any officer or servant of the Board who has or acquires any
such share or interest shall be liable in the discretion of the Board
to summary dismissal without notice.

(3) No officer or servant shall be deemed to have or acquired any

such share or interest by reason only that -

(a) he is or becomes a member of an incorporated company

which owns land situated in Sabah or has a contract with
or executes work for the Board; or

(b) he has or acquires a share in any loan, issued by the

Board or in any security for the same.

24
PART VI

FUNCTIONS OF THE BOARD

45. (1) The functions of the Board shall be -

Functions of
the Board.
(a) to initiate, co-ordinate and control the activities in respect
of all Parks or Nature Reserves in Sabah;

(b) to make recommendations to the Government as to the

methods, measures and policies to be adopted to facilitate
the development of the Parks or Nature Reserves and,
where approved by Government, to implement and assist
in the implementation of the same; and

(c) to control, manage and administer the Fund.

(2) The Board, subject to the special conditions stated in the

declaration, shall have power to do all things expedient or
reasonably necessary or incidental to the discharge of its functions
and in particular but without prejudice to the generality of the
foregoing -

(a) to provide and maintain adequate and efficient services

and facilities at all Parks or Nature Reserves constituted
under the provisions of this Enactment;

(b) to promote the use, improvement and development of the

Parks or Nature Reserves;

(c) to take such steps and will ensure the security and well
being of the animal and vegetation in a Park or Nature
Reserves and the preservation of such Park or Nature
Reserves, the natural features and the animal and
vegetation therein in their natural state;

(d) to reserve or set aside any portions of a Park or Nature

Reserves as breeding places for animals and as nurseries
for vegetation;

(e) to provide such accommodation, amenities, facilities and

services as are likely to attract visitors to the Parks or
Nature Reserves and are not prejudicial to the proper
care, control and management thereof;

(f) to levy fees or to collect dues from persons utilizing the

accommodations, amenities, facilities or services
provided under this Enactment.

25
(g) to carry out all activities, particularly for the development
of commercial and industrial enterprises, the carrying on
whereof appears to it to be requisite, advantageous or
convenient for or in connection with the discharges of its
duty including the development of tourists
accommodation and facilities, bio-prospecting, tree
plantation, tissue culture and marketing of products,
research and training; and

(h) to promote the carrying on of any such activities bodies or

persons and for that purpose to establish or expand or
promote the establishment or expansion of other bodies to
carry on any such activities either under the control or
partial control of the Board, or independently, and to give
assistance to such bodies or to other bodies or persons
appearing to the Board to have facilities for the carrying
on any of such activities, including financial assistance by
taking up of share or loan capital or by loan or otherwise.

26
PART VII

FINANCIAL PROVISION

46. (1) There shall be established a Fund to be known as the “Parks Parks Fund.

Fund” which shall consist of such contributions or gifts or bequests

of moneys as may be made thereto or any money raised or received
by the Board in the exercise or its powers hereunder (including
moneys paid for the compounding of offences and fees) and of
such money as may be provided for by the Legislative Assembly,
together with -

(a) such additions or accumulations as may be made or

accrue thereto;

(b) any investment from time to time representing the same

or any of them; and

(c) the interest and income derived from any such

investment.

(2) Notwithstanding the provisions of subsection (1), it shall be

lawful for the Board to accept gifts or bequests which do not
consist of money but, unless such course is lawfully precluded by
the terms of any such gifts or bequests, it shall be the duty of the
Board to convert the same into money and to pay the same into the
Fund.

(3) It shall be the duty of the Board in the absence of any lawful
condition or direction to the contrary to pay into the Fund all
income derived from any property vested in it, whether forming
part of the Fund or not, and any moneys derived from the sale of
any property vested in the Board.

(4) Any moneys forming part of the Fund may, from time to time
and as occasion requires, be invested by the Board in any form of
investment authorized by law for the investment of trust funds in
Sabah or Malaysia including the deposit of the same in the
Government Treasury or in any bank or as the Minister of Finance
may in his discretion from time to time approve, and the Board
may from time to time, with the like approval, realize any
investment and reinvest such proceeds or any part thereof.

(5) The Board may apply the income of the Fund for any of the
purposes of this Enactment and, with the approval of the Minister
of Finance, may apply for the like purpose any moneys forming
part thereof or realized by the sale of any investment forming part
thereof:

27
Provided that, in the case of any moneys provided for any
specified purpose, such moneys shall be applied only in such
manner as may be authorized by any trust condition, resolution or
other method by which such provision is made.

(6) It is hereby declared that the expression “the purposes of this

Enactment” shall include the discharge of any debt incurred by the
Board in the discharge of its duties and the satisfaction of any claim
made against the Board, whether in legal proceedings or otherwise.

(7) The duty to convert into money imposed by subsection (2) shall
not apply to any animal or vegetation or to any property which the
Minister of Finance, for any reason which he may deem sufficient,
may authorize the Board to retain its original form.

47. (1) The Board shall, before the first day of January in each year, Board to keep
accounts, etc..
cause to be prepared and submitted to the Minister of Finance for
his approval detailed estimates of revenue and expenditure of the
Fund for the ensuing year, and when approved such estimates shall
be laid by the Minister of Finance before the Legislative Assembly.

(2) When additional financial provision is required during the

course of any year, supplementary estimates thereof shall be
submitted in the same manner for approval by the Minister of
Finance and shall be laid before the Legislative Assembly.

(3) The Board shall cause to be kept accurate accounts of all

monies received into and disbursed from the Fund.

(4) The accounts of the Fund shall be examined and reported upon
annually by the Auditor-General or such other auditor as the
Minister of Finance may appoint, and the expenses of, and
incidental to, the audit shall be paid by the Fund.

(5) The Board shall, when required by the auditor, produce and lay
before him all books and accounts of the Fund with all vouchers in
support thereof, and all books and writings in its possession or
control relating thereto, and the auditors shall be entitled to require
such information and explanation as he may deem necessary for the
performance of his duties as auditor.

(6) As soon as may be after the close of each financial year, the
Board shall cause to be prepared in such manner and containing
such particulars as the Minister of Finance may from time to time
require, a statement of the accounts of the Fund for such year and
such statement shall be approved by the Board, signed by the
Chairman, and submitted to the auditor of the Board who shall
furnish a report thereon to the Board.

28
(7) Upon the receipt of the report of the auditor under subsection
(6) the Board shall transmit it, together with the statement of
accounts to which it relates and the report of the operations of the
Board for that financial year concerned, to the Minister of Finance
who shall publish the same in such manner as he may think fit and
shall lay all such documents before the Legislative Assembly.

29
PART VIII

CONTROL OF PARKS OR NATURE RESERVES

48. (1) Without prejudice to any right or privilege lawfully acquired Prohibition of
certain acts
before the commencement of this Enactment and to the provisions except with
of any law relating to mining or prospecting for minerals in any permission of
Board, etc..
Park, no person, other than a person acting for or in accordance
with the written permission of the Board, or the Director, or any
Park Officer authorized by the Director in that behalf, shall -

(a) cut, fell damage, remove, injure, destroy or set fire to any
tree or protected plant in a Park or Nature Reserve; or

(b) cut, damage, remove, injure, destroy or bomb any coral

(whether living or dead) in a Park or Nature Reserve; or

(c) convey into a Park or Nature Reserve or, being

within the confines thereof, be in possession of any
weapon, explosive, trap, poison or noxious substance,
boat, tractor, logging truck, heavy machineries or vehicles
for moving logs or earth, chain saw, apparatus or tools for
collecting specimen of plant or animal; or

(d) within a Park or Nature Reserve, hunt, kill, injure, capture

or disturb any animal other than coral (whether living or
dead) or take or destroy any egg or nest; or

(e) cut, damage, injure or destroy or set fire to any vegetation

(other than trees and protected plants) or any object of
geological, prehistorical, archeological, historical or other
scientific interest in a Park or Nature Reserve; or

(f) introduce any animal, or permit or cause any domestic

animal to enter or stray into a Park or Nature Reserve or
introduce any vegetation into a Park or Nature Reserve; or

(g) remove from a Park or Nature Reserve any animal or

vegetation whether alive or dead; or

(h) remove from a Park or Nature Reserve any mineral or

object of geological, prehistorical, archaeological,
historical or other scientific interest; or

(i) destroy or deface any object, whether animate or

inanimate, in a Park or Nature Reserve; or

(j) erect or attempt to erect any building in a Park or

Nature Reserve; or

30
(k) clear or break up any land in a Park or Nature Reserve.

(l) damage, set fire or destroy any vegetation in a Park area

or Nature Reserve as a result of any activity carried out
from outside the Park area or Nature Reserve; or

(m) spreads, discharge or causes the discharge of oil,

chemical, poison, or other toxic or waste matters including
solid waste capable of harming vegetation and/or animals
in or adjacent to rivers, lakes and water in or flowing into
a Park or Nature Reserve; or

(n) obstructs or diverts any rivers, pools or other bodies of

water in or flowing into a Park or Nature Reserve; or

(o) recording or take any film or video recording or take still

photographs for commercial purposes within the Park or
Nature Reserve: or

(p) enter any area of the Park or Nature Reserve except areas
developed for public usage by the Park; or

(q) carry out any research and/or collecting scientific or social

and cultural data, with or without the collection of
specimen of any sort.

(2) Any person who contravenes any provision of subsection (1)

shall be guilty of an offence and shall be liable, on connection, in
the case of an offence under paragraph (a) or (b) of subsection (1),
to imprisonment for a term not exceeding five years, or to a fine not
exceeding five hundred thousand ringgit, or both, and the case of
and offence under paragraph (c), (d), (e), (f), (g), (h), (i), (j), (k), (l),
(m), (n), (o), (p), or (q) of subsection (1), to imprisonment for a
term not exceeding one year, or to a fine not exceeding fifty
thousand ringgit, or both, and in the case of a second or subsequent
offence, under paragraph (a) or (b) of subsection (1), to
imprisonment for a term not exceeding seven years, or to a fine not
exceeding seven hundred fifty thousand ringgit, or both, and in the
case of an offence under paragraph (c), (d), (e), (f), (g), (h), (i), (j),
(k), (l), (m), (n), (o), (p), or (q) to imprisonment for a term not
exceeding five years, or to a fine not exceeding one hundred
thousand ringgit, or both.

(3) Any abetment of an offence under subsection (1) if convicted

shall be punishable under subsection (2).

49. Notwithstanding any other provisions of this Enactment, the Power of

Director.
Director or any Park Officer authorized by the Director may kill,
capture or authorize the killing or capture of any animal in any part
of any Park or Nature Reserve in any manner if he considers such

31
killing or capture necessary in the interest of public safety, the
protection of property, for scientific research, for the better
preservation of the environment or other fauna, except that
rhinoceros and orang utan may only be killed in the defence of
human life.

50. (1) All trophies or vegetation found, or taken within a Park or Trophies deemed
property of the
Nature Reserve shall be Park trophies or Park vegetation and the Board.
property of the Board.

(2) Any person who by any means, obtain possession of a Park

trophy or Park vegetation shall forthwith make a report thereof to
the nearest available Park Officer and shall if so required hand the
trophy or Park vegetation over to such officer.

(3) Any person who -

(a) fails to make a report required by subsection (2) of this

section; or

(b) is unlawfully in possession of or who unlawfully deals

in any Park trophy or Park vegetation,

shall be guilty of an offence.

51. (1) If the Director or any Trustee or any Park Officer authorized by Power of
inspection of
the Director in that behalf has reasonable grounds for believing hat Director, Trustee
any person has committed an offence against this Enactment he or Park Officer.
may whether within or without the Park boundary -

(a) require such person to produce for inspection any animal,

trophy, mineral or vegetation in such person’s possession,
or any firearms or other weapon, trap, net, or other
instrument, material or thing whatsoever in relation to or
in connection with which an offence appears to the
Director, such Trustee or Park Officer to have been
committed or any permit required to be kept by such
person under the provision of this Enactment;

b) enter and search, with or without assistance, any land,

building, tent, vehicle or boat in the occupation or
possession of such person and open and search any
baggage or any other thing in the possession of such
person:

Provided that no dwelling-house shall be entered without a warrant;

(c) seize and detain any animal, trophy, mineral or vegetation

which appears to the Director, such Trustee or such Park
Officer to be the subject of an offence against this

32
Enactment, or any vehicle, boat, firearms or other weapon,
trap, net or instrument, material, note book, book, map,
plan, report or any other document or thing whatsoever in
relation to or in connection with which such offence
appears to the Director, such Trustee or Park Officer to
have been committed whether or not it is in the immediate
possession of any person and if any apparent means of
hunting cannot be removed from its locations, it may be
rendered inoperative by the Director such Trustee or Park
Officer.

(2) Where any property is seized or detained under subsection (1)

of this section the person making the seizure or detention not being
the Director shall forthwith report such seizure to the Director and
deliver such seizure of the same to the Director or Park Officer
authorized in writing by the Director.

(3) All things seized under this Enactment shall be liable to

forfeiture, such seized items shall be delivered to the Director or
any authorized officer.

(4) Where anything seized cannot for practical reason be produced

before a Magistrate, such thing seized shall be kept in the custody
of the Director, until a direction is given by the Magistrate.

(5) The Director or Park Officer authorized in writing by the

Director shall forthwith –

(a) except where the seizure is made in the presence of the

owner, his agent or servant, as the case may be, give
notice in writing of such seizure and the grounds thereof
to the owner of such thing –

(i) if known, either by delivering such notice to him

personally or by post at his place of abode or last
known address; or

(ii) if unknown, by publishing such notice in any

manner as he thinks fit.

(6) An order for the forfeiture or for the release of anything liable
to forfeiture under this Enactment shall be made by the Court
before which the prosecution has been held.

(7) An order for the forfeiture of the thing seized believed to have
been used in the commission of the offence shall be made by the
Court upon prove that an offence has been committed.

(8) If there is no prosecution with regard to anything seized under

this Enactment, such thing shall be taken and deemed to be

33
forfeited at the expiration of one calendar month from the date the
seizure is published in the local newspaper unless a claim is made
within one month of the publication.

(9) On receipt of such claim under subsection (8) the Director shall
refer the claim to a Magistrate for his decision.

(10) The Magistrate to whom such reference is made under

subsection (9) shall –

(i) issue a summons requiring the person asserting that he

is the owner of the thing seized to appear before him
and shall proceed to hear the enquiry under the
provision of this Enactment. If the claim is dismissed
the Court shall return the thing seized to the Director
for disposal;

(ii) the Director upon receipt of the Court’s order shall

dispose off such thing seized by way of sale. Proceeds
from the sale shall be deposited in the Parks Fund; or

(iii) if open due service of such summons being proved the

person failed to attend court, the Magistrate shall
proceed to dispose off the thing seized to the Director
without any further enquiry.

(11) Notwithstanding anything in this section, if anything seized

under this Enactment is subject to speedy and natural decay or
deterioration, the Director or any authorized Officer may disposed
off the seized items in a manner he deems fit. If the disposal is by
way of sale the proceeds of such sale, shall be deposited in the
Parks Fund until the final determination of the case”,

51A. No person shall in any proceedings before any court in respect No costs,
damages etc., on
of the seizure of anything seized in the exercise or purported seizure.
exercise of the powers conferred under this Enactment be entitled to
coasts 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 mala fide.”.

52. The Director or any Park Officer authorized by the Director in that Power of arrest.
behalf may arrest without warrant any person reasonably suspected
of committing any offence against this Enactment or regulation
made hereunder and may detain such person until he can be
delivered into the custody of a police officer to be dealt with
according to law:

Provided that no person shall be arrested or detained without

warrant unless reasonable grounds exist for believing that, except

34
by the arrest of such person, he could not be found or made
answerable to justice without undue delay, trouble or expense.

53. (1) Any person who - Offence.

(a) hunts, or is found in circumstances showing that it is his

intention to hunt, any animal or bird or disturbs or
removes the nest or eggs of any animal or bird in a Park
or Nature Reserve; or

(b) collects any vegetation or any mineral or is found in

circumstances showing that it is his intention to collect
vegetation or minerals in a Park or Nature Reserve; or

(c) without reasonable excuse, fails to produce anything

which he may be required to produce under the powers
conferred by section 51; or

(d) resists, threatens or obstructs the Director, any Trustee

or Park Officer in the performance of their duties,

shall be guilty of an offence.

(2) The Director or any Park Officer authorized by the Director in

that behalf may stop and detain any person whom he sees doing an
act for which a permit is required under the provisions of this
Enactment for the purpose of requiring such person to produce such
permit, and if such person fails to produce such permit he shall be
guilty of an offence.

54. Any person authorized in writing by the Public Prosecutor Power to

prosecute.
pursuant to section 377 of the Criminal Procedure Code may
conduct prosecuting for offences under this Enactment or the rules
made thereunder.

55. (1) Where any person is convicted of an offence against this Forfeiture and
disqualification.
Enactment, or, in default of a conviction, where no person has
within one months of a seizure of anything mentioned in paragraph
(c) of section 51 of this Enactment appeared to answer a charge
preferred against him in relation thereto, a court may order that any
animal, meat, trophy, vehicle, boat, machinery, tool, firearm or
other weapon, trap, net or other instrument, material or thing
whatsoever in relation to or in connection with which the offence
has been committed shall be forfeited to and become the property of
the Board.

(2) Any conviction of the holder of any license or permit issued

under this Enactment for any offence against the provisions of this
Enactment shall, unless the Court otherwise directs, have the effect

35
of canceling any such license or permit with effect from the date of
such conviction.

(3) Where any person is convicted of a second or subsequent

offence against this Enactment the Court may direct that such
person be disqualified from holding any license or permit for a
period not exceeding three years from the date of such conviction,
and any person who whilst so disqualified obtains or attempts to
obtain any license or permit shall be guilty of an offence.

(4) Where any person is convicted of an offence against this

Enactment in respect of any pitfall, game pit or similar excavation
or any device fixed to the ground which such person has made for
the purpose of hunting, the Court may, in addition to or in lieu of
any other punishment, order that such pitfall, game pit, excavation
or device shall be destroyed or obliterated in such manner as the
Court may specify, and any expenditure incurred on account of
such order shall be recoverable from such person as a civil debt.

56. (1) The Director or any Park Officer duly authorized by him in Power of
Director to
writing in that behalf may in his discretion compound any offence compound
against this Enactment except an offence for contravening section offences.
48 (1) (a) or 48 (1) (b) or against any regulation made thereunder,
by collecting from the person reasonably suspected of having
committed the same, a sum not exceeding three thousand ringgit as
the Director or the Park Officer may determine.

(2) The Director or any Park Officer duly authorized by the

Director in writing making an offer of composition of any offence
may require the payment of the sum so determined to be made
forthwith or specify a period within which the payment is to be
made as he may deem reasonable and on such payment being made
shall give a receipt to the person making such payment and shall
pay such sum into the Fund.

(3) The payment forthwith, or within such period as the Director or

any Park Officer duly authorized by the Director may specify, of
the sum so determined shall operate as a bar to any or any further
penal proceeding in respect of such offence, in respect of which
such composition was offered against the person making such
payment.

(4) No offence against this Enactment or against any regulation

made thereunder in respect of which a prosecution is actually
pending shall be compounded under this section otherwise than
with the consent of the Court before which such prosecution is
pending.

(5) Any abetment of any offence against this Enactment or against

any regulation made thereunder or any attempt to commit such

36
offence (when such attempt is itself an offence) may be
compounded in accordance with subsections (1), (2), (3) and (4) of
this section.

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PART IX

GENERAL

57. (1) No action, suit, prosecution or other proceedings shall be Protection

against legal
brought or instituted personally against any Trustee or against any proceedings.
officer or servant appointed by the Board in respect of any act done
or statement made bona fide in pursuance or execution or intended
execution of this Enactment.

(2) Where a person is exempted from liability by reason only of

the provision of this section the Board is liable to the extent that it
would be if such person were a servant or agent of the Board.

58. (1) Any person guilty of an offence under this Enactment for Penalties.

which no other penalty is provided shall be liable, on conviction, in

the case of a first offence, to imprisonment not exceeding to one
year and to a fine of not exceeding twenty thousand ringgit, or
both, and, in the case of a second or subsequent offence, to
imprisonment not exceeding two years and to a fine not exceeding
forty thousand ringgit, or both.

(2) Any domestic animal found within a Park or Nature Reserve,

except domestic a animal in the lawful possession or custody of an
officer or servant of the Board or introduced into a Park or Nature
Reserve in accordance with the provisions of this Enactment may
be destroyed.

(3) Any vegetation introduced into a Park or Nature Reserve in

contravention of the provisions of this Enactment may, by order of
the Board, or the Director, be destroyed.

58A. (1) The identification of an informer under this Protection and

Reward of
Enactment shall not be disclosed in any Court proceeding. Informers.

(2) No information received from an informer under this

Enactment shall be admitted in evidence in any civil or criminal
proceeding whatsoever, and no witness shall be obliged or
permitted to disclose the name or address of any informer, or state
any matter which might lead to his discovery.

(3) If any books, documents or papers which are in evidence or

liable to inspection in any civil or criminal proceeding whatsoever
contain any entry in which any informer is named or described or
which might lead to his discovery, the Court before which the
proceeding is held shall cause all such passages to be concealed
from view or to be obliterated so far as is necessary to protect the
informer from discovery, but no further.

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(4) The Director may order such reward as he may deem fit to be
paid to any informer for services rendered in connection with any
offence or seizure made under this Enactment.

58B. The Director or any Park Officer may enter into or pass Right of Director
and Park Officer
through any private land with or without workmen and equipment to Enter and Pass
for the purpose of administration of this Enactment. Through Land.

58C. It is and offence for any person who kindle, keep or carry Endangering
any fire, or leave any fire burning outside or within a Park area or Park Area or
Nature Reserve
Nature Reserve in such a manner as to endanger Park area or Area by Fire.
Nature Reserve area or any Park produce therein and if found guilty
shall be liable to imprisonment for a term not exceeding one year or
to a fine not exceeding one hundred thousand ringgit or to both.

58D. (1) Any person found to be in possession of any animal, Evidence and
Presumption.
meat or animal product from a freshly killed animal within a Park
area or Nature Reserve shall be presumed to have poached such
animal.

(2) If any person is found in possession of any animal, meat or

animal product from a freshly killed animal outside the Park area or
Nature Reserve, but is within reasonable distance outside the Park
area or Nature Reserve, it shall be presumed that such animal, meat
or animal product came from the Park area or Nature Reserve
unless the contrary is proved.

(3) If a person is found in possession of any protected plant within

a Park area or Nature Reserve, he shall be presumed, until the
contrary is proved, that he harvested such protected plants within
the Park area or Nature Reserve.
(4) If any person is found in possession of any Park trophy or Park
vegetation, he shall be presumed, until the contrary is proved, to
have obtained the Park trophy or Park vegetation and harvested
such vegetation from within a Park area or Nature Reserve.
(5) Where any animal, animal product or vegetation is found in any
vehicle or boat, any person who is in any way associated with such
vehicle or boat, except a vehicle or boat which are the relevant time
is being used as a carrier for members of the public and not for hire
or charter, shall be presumed, until the contrary is proved, to be in
custody and control of the animal, animal product or vegetation.
(6) Any person who is found in a Park area or Nature Reserve
doing an act which requires a permit under this Enactment shall be
presumed, until the contrary is proved, to have done such an act
without a permit.

(7) Location plotted on a map from coordinates recorded on land or

sea with the use of Global Positioning System equipment or any

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other scientific instrument to measure coordinates is presumed to
be, until the contrary is proved, the correct location.

(8) Any person who builds an access road or trail inside a Park
area or Nature Reserve shall be deemed to have encroached upon
and trespassed in a Park area or Nature Reserve.

(9) If any type of tool or equipment used for the purpose of

poaching or collecting any types of vegetation is found inside a
Park area or Nature Reserve, the person whose land is adjacent to
the Park area or Nature Reserve is presumed to have conveyed
such tool or equipment unless the contrary is proved.

(10) If any commercial timber is found in a logged-over area it

shall be deemed that the commercial timber is derived from the
Park area or Nature Reserve, unless the contrary is proved.

(11) If any tree from a Park area or Nature Reserve is found to

have been felled and is found in the custody or control of any
person whose land is adjacent to the Park area or Nature Reserve,
it shall be presumed that the felled timber comes from the Park
area or Nature Reserve unless the contrary is proved.

(12) For the purpose of the above said provisions such thing
found in the license area or logged-over area or in the alienated
land, shall be deemed to have been used for the purpose of illegal
felling in the Park area or Nature Reserve, unless the contrary is
proved.

59. (1) The Board may, with the approval of the Minister, make Power of the
regulations generally for carrying out the provisions of this Board to make
regulations.
Enactment and, in particular but without prejudice to the generality
of the foregoing such regulations may provide for -
(a) the powers and duties of the Director, the Park servants
and agents appointed by the Board in regard to –

(i) the exclusion of members of the public from a Park

or Nature Reserve, or any part thereof;
(ii) the killing, capturing or impounding of any animal
within a Park or Nature Reserve;
(iii) the burning and cutting of vegetation within a Park
or Nature Reserve; and
(iv) the disposal of animal, vegetation, mineral or other
products of the Park or Nature Reserve;

(b) the conditions subject to which permission to enter a Park

or Nature Reserve may be granted, and the periods or

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times during which a Park or Nature Reserve or any part
thereof shall be open to the public;

(c) the conditions under which the services or attendance of

officers or servants of the Board or the services or
attendance of any person licensed by the Board, may be
obtained by any person entering, passing through or
sojourning within a Park or Nature Reserve and the fees
to be paid in respect of such services or attendance;

(d) the fees to be paid for permission to enter or reside in a

Park or Nature Reserve for the admission of vehicles or
boats and for photography and cinematography within a
Park or Nature Reserve, or for any other purpose
connected with the use and enjoyment of a Park or Nature
Reserve;

(e) the protection and preservation of a Park or Nature

Reserve and the animal and vegetation and property
therein;

(f) the regulation of traffic in and over a Park or Nature

Reserve, the carriage of passengers, goods and weapons
in a Park or Nature Reserve and the points by which the
persons may enter, and the route by which they may pass
through or over a Park or Nature Reserve; and

(g) any matter which under this Enactment is required or

permitted to be prescribed or which is necessary or
expedient to be prescribed to give effect to this
Enactment.

(2) Any regulations made under subsection (1) may provide that
any breach thereof shall be an offence and may prescribe for any
such breach a fine not exceeding fifteen thousand ringgit.

60. (1) The Minister may give to the Board such directions not Power of Minister
to give directions.
inconsistent with the provisions of the Enactment as he may deem
fit as to the exercise and performance by the Board of its powers,
duties and functions under the Enactment and the Board shall give
effect to all such directions.

(2) The Board shall furnish the Minister with such information
with respect to its property and the activities as he may from time
to time require.

60A. The Minister may, by order published in the Gazette, Amendment of

amend, add to or revoke the Schedule. Schedule.

61. The National Parks Enactment 1977 is hereby repealed: Repeal and saving.
En. No. 13/1977.

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Provided that the National Parks Fund established shall be deemed
to be the Parks Fund and any appointment made under the
Enactment hereby repealed shall be deemed to be an appointment
under this Enactment and shall continue to have effect unless and
until revoked, cancelled or otherwise annulled in accordance with
the provisions of this Enactment and that anything done or omitted
to be done under any power or duty vested or placed upon any
person under the Enactment hereby repealed and not having been
completed shall be deemed to have been done or omitted under this
Enactment and may be continued thereunder unless such thing
shall be prohibited or disallowed by or contrary to the provisions
of this Enactment.

SCHEDULE

(Section 2)

1. All species of Rafflesia spp.

2. Nepenthes rajah.
3. Nepenthes villosa.
4. Nepenthes burbidgeae.
5. Nepenthes edwardsiana.
6. Nepenthes lowii.
7. All species of Paphiopedilum spp.
8. Aquilaria spp. (Gaharu)

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