RECENT FOREST POLICY REVIEWS IN PENINSULAR MALAYSIA

Na'aman Jaafar

Introduction

Under Article 74(2) of the Malaysian Constitution, forestry comes under the jurisdiction of the respective state governments and as such each state is empowered to enact laws and formulate its forestry program and policy independently. However, the federal government may extend its executive authority in the form of advice and technical assistance to the states, as well as the provision of training and the conduct of research and maintenance of experimental and demonstration stations. In this respect, the National Forestry Council (NFC), established in 1971 under the National Land Code, is empowered to coordinate the planning, management and development of forest resources.

Circumstances in the last decade necessitated some important reviews regarding forest policy; these took place in the early 1990s and entailed a subsequent review of the Forestry Act. The process of revision is dynamic and continuous in order to tune in to current and foreseeable future requirements for enhancing the management, conservation and sustainable development of forests.

National Forestry Policy

In 1977, the National Forestry Policy was accepted by the National Land Council (NLC). It was endorsed by the NLC on 19 April 1978; currently it is being implemented by all the states in Peninsular Malaysia. The objectives of this policy are also being implemented in Sabah. In Sarawak, the Forest Policy was approved by the Governor-in-Council in 1954. It has very similar provisions to the National Forestry Policy, which has remained the basis for forestry practices.

The forestry sector has been subjected to several significant changes that are consistent with global needs for sustainable forest management (SFM) and development. The main purpose of forest management has shifted from solely timber production to multiple values in terms of goods and services and the protection of the environment.

Inherent in the formulation of comprehensive forest management, conservation and development approaches are implicit necessities to address the challenges faced by the forestry sector. Hence, the National Forestry Policy 1978 was revised in early 1992 and subsequently endorsed by the NLC on 19 November 1992.

The revision of the National Forestry Policy 1978 was necessary to strengthen the management, administration and development of the forestry sector further. In this context, the National Forestry Policy 1978 (revised 1992) includes provisions for:

• The judicious implementation of the National Forestry Act 1984.
  
  
• The establishment of forest plantations, including high-quality timber plantations with the active participation of the private sector.
  
  
• The involvement of local communities, especially those living near forest fringes, in agroforestry through the planting of forest fruit trees to conserve forest resources.
  
  
• The production of non-wood forest products (NWFPs), in particular bamboo and rattan.
  
  
• The development of additional forest recreation facilities for ecotourism.
  
  
• The conservation of biological diversity.
  
  
• Special scientific values, which involves setting aside specific areas for the purpose of scientific studies.
  
  
• International technical collaboration aimed at fostering closer international cooperation in the quest to achieve SFM.

The main objectives of the National Forestry Policy 1978 (revised 1992) are to:

• Conserve and manage the nation’s forest based on the principles of sustainable management.
  
  
• Protect the environment, to conserve biological diversity, genetic resources and to enhance research and education.

The salient features of the National Forestry policy 1978 (revised 1992) include the following:

• To dedicate as Permanent Reserved Forest (PRF) sufficient areas strategically located throughout the country, in accordance with the concept of rational land use. The PRF will be managed and classified under four major functions:
  
  
• Protection Forest for ensuring favourable climatic and physical conditions in the country; the safeguarding of water resources, soil fertility, environmental quality, preservation of biological diversity and the minimization of damage by floods and erosion to rivers and agricultural lands.
  
  
• Production Forest for supplying all forms of forest produce (in perpetuity and at reasonable rates) that can be produced economically within the country and are required for agricultural, domestic and industrial purposes, and export.
  
  
• Amenity Forest for the conservation of adequate forest areas for recreation, ecotourism and public awareness.
  
  
• Research and Education Forest for the conduct of research, education and the conservation of biological diversity.
  
  
• To manage the PRF in order to maximize social, economic and environmental benefits to the nation and its people in accordance with the principle of sustainable management.
  
  
• To implement a program of forest development through forest regeneration and rehabilitation operations in accordance with appropriate silvicultural practices.
  
  
• To promote efficient harvesting and utilization within the production forest for maximum economic benefits from all forms of forest produce, to stimulate the development of appropriate forest industries commensurate with the resource flow and to create employment opportunities.
  
  
• To promote the planned development of forest industries towards the production of value-added finished and semi-finished products for local consumption and export.
  
  
• To encourage aggressive "bumiputra" (indigenous people) participation in the field of wood-based industry in compliance with the government policy.
  
  
• To establish forest plantations of indigenous and exotic species to supplement timber supply from the natural forest.
  
  
• To promote active local community involvement through various contracts in forestry development projects and to maintain their involvement in agroforestry programs.
  
  
• To increase the production of NWFPs through scientific and sustainable management practices to supplement local demands and the requirements of related industries.
  
  
• To undertake and support a comprehensive program of forestry training at all levels in the public and private sectors in order to ensure an adequate supply of trained human resources to meet the requirements of forestry and wood-based industries.
  
  
• To encourage private investment in forest development through the establishment of forest plantations on private lands.
  
  
• To undertake and support intensive research programs on forestry and forest products aimed at enhancing maximum benefits from the forest.
  
  
• To promote education in forestry and undertake publicity and extension services in order to generate better understanding by the community on the multiple values of forests.
  
  
• To provide for the preservation of biological diversity and the conservation of areas with unique species of flora and fauna.
  
  
• To develop a comprehensive program in community forestry to cater to the needs of rural and urban communities.
  
  
• To set aside specific areas for the purpose of forestry education and other scientific studies.
  
  
• To foster closer international cooperation in forestry in order to benefit from the transfer of technology and exchange of scientific information.

National Forestry Act

To ensure effective forest management implementation, various forestry enactments and ordinances have been formulated and enforced by the respective state authorities since 1910. The legislation was further standardized and strengthened in areas of forest management planning and forest renewal operations with the endorsement of the National Forestry Act and the Wood-Based Industries Act by parliament in 1984. Currently, these two acts are being enforced by all the states, especially in Peninsular Malaysia.

In tandem with the revised National Forestry Policy and to safeguard forest resources further from illegal logging and timber theft, the National Forest Act 1984 was amended in 1993 to include more stringent penalties for such forest offences, which includes a mandatory jail sentence of at least one year. Among other provisions, the amended National Forestry Act 1984 has increased the penalty for commissioning the illegal felling of trees from a maximum fine of RM 10 000 or imprisonment for a term not exceeding three years to a maximum fine of RM 500 000 and imprisonment for a term, which shall not be less than one year but shall not exceed 20 years. The amended act has also enacted provisions for the police and armed forces to undertake enforcement and surveillance of forest activities, especially in curbing illegal logging, encroachment of forest areas and timber theft.

Strategies and programs

In line with the National Forestry Policy, the strategies applied in Malaysia, specifically in Peninsular Peninsular, include the following:

• Ensure the management of the PRF follows the Malaysian Criteria and Indicators (MC&I) for SFM.
  
  
• Evaluate the status of wood and non-wood forest resources.
  
  
• Ensure the implementation of silvicultural treatment and reforestation in the logged-over PRF.
  
  
• Enhance the level of public awareness on the roles of forests.
  
  
• Encourage the establishment of forest plantations by individual or private companies.
  
  
• Identify the biological diversity in the PRF.
  
  
• Prepare and implement a biological diversity management system.
  
  
• Design agroforestry systems that are economical and can be practised by individuals and the private sector.
  
  
• Develop ecotourism programs, forestry museums and infrastructure and educational facilities in the forest recreation areas.
  
  
• Develop Information Technology (IT) and Knowledge-Forestry (K-Forestry) in line with the Information Technology Strategic Plan of the Forestry Department.
  
  
• Optimize the use of wood and non-wood forest resources.
  
  
• Prepare the needed physical infrastructure.
  
  
• Enhance surveillance for the prevention of illegal logging and illegal settlement in forest areas, especially in the PRF
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• Study and strengthen the provisions contained in the National Forestry Act and the Wood-Based Industries Act.
  
  
• Provide adequate training for the staff and private sector involved in the implementation of activities in SFM.

Hence, the forestry programs, projects and activities undertaken in Malaysia include:

• Formulation and implementation of forest management plans that take into account the negative impact of management activities on the environment and the forest ecosystem, and meet the changing societal needs. In this regard, a national forest inventory is carried out for all forested lands every 10 years to determine the status and composition of the forest resources to support more effective forest management planning.
  
  
• Implementation of the MC&I for SFM.
  
  
• Assessment of the implementation of the proposals for action of the Intergovernmental Panel on Forests and Intergovernmental Forum on Forests (IPF/IFF).
  
  
• A continuous forest inventory carried out on permanent and temporary plots on a yearly basis to supplement and update the information collected in the national forest inventory that will also further enhance management planning.
  
  
• A pre-felling inventory carried out in all areas of the PRF earmarked for harvesting to determine the most effective forest management and silvicultural systems to be applied; prescribe priority pre-felling silvicultural operations for natural regeneration through the retention of adequate residual trees of advanced growth.
  
  
• Growth and yield studies for the refinement of the growth and mortality rates of forests harvested under the various cutting regimes.
  
  
• Forest mapping using GIS and remote sensing.
  
  
• Change detection using remote sensing techniques to monitor changes that occur within the forests and their surrounding areas, and to classify forest and vegetational strata.
  
  
• Resource capability classification to refine the existing forest classification for enhancing SFM practices; establishing forest plantations to alleviate the pressure to overharvest the natural forest.

Conclusions

The National Forestry Policy and other administrative policies of the Forestry Department, Peninsular Malaysia, are being revised from time to time to match prevailing conditions and requirements and to improve the management, conservation and sustainable development of forests.