Managing Forests & Combating Illegal Logging
Managing Forests & Combating Illegal Logging
Managing Forests & Combating Illegal Logging in Malaysia
The forestry and timber industries play a vital role in Malaysia’s socio-economic development. To support this, forest management is shared between the 13 state governments and various national agencies. These bodies work together to ensure the adoption of Sustainable Forest Management (SFM) best practices across the country.
Illegal Logging Categories Under the National Forestry Act 1984
(Amended 1993 & 2022)
To protect Malaysia’s forests, the National Forestry Act 1984 defines illegal logging under three main categories:
Category 1
Offences such as logging without a license, logging outside approved areas, or building roads and infrastructure without permission in forest reserves.
Category 2
Encroachment into forest reserves for agriculture or settlement activities.
Category 3
Other violations like cutting unmarked or undersized trees, using unlicensed workers or machinery, and any breach of forest regulations inside or outside forest reserves.
Illegal Logging Categories under
the National Forestry Act 1984
Illegal Logging Categories under the National Forestry Act 1984
(Amended 1993 & 2022)
To protect Malaysia’s forests, the National Forestry Act 1984 defines illegal logging under three main categories:
| Category 1 | Category 2 | Category 3 |
|---|---|---|
|
Offences such as logging without a license, logging outside approved areas, or building roads and infrastructure without permission in forest reserves. |
Encroachment into forest reserves for agriculture or settlement activities. |
Other violations like cutting unmarked or undersized trees, using unlicensed workers or machinery, and any breach of forest regulations inside or outside forest reserves. |
Examples of amendments to the National Forestry Act 1984 with regard to Illegal Logging Offences. Fines imposed on persons found guilty under:
| Reference National Forestry Act 1984 | National Forestry Act (Amended) 1993 | National Forestry Act (Amended) 2022 | |
|---|---|---|---|
|
Sect. 15 |
Crime: Unlicensed removal of forest produce from PRF or Stateland |
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|
Sect. 40(2) |
Crime: Unlicensed removal of forest produce from certain land (alienated land, land held under a temporary occupation license, mining land, or reserved land) |
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Original: RM10,000 or imprisonment for not >3 years OR BOTH.
Original: A sum not >5 times royalty, premium, cess & other charges in respect of forest produce unlawfully taken; and (a) a sum not >3 times the value of such forest produce. |
Amended: RM500,000 AND imprisonment for not 20 years.
Amended: A sum not >10 times royalty, premium, cess & other charges in respect of forest produce unlawfully taken (a): a sum not >10 times the value of such forest produce.
|
Amended: Fine of not >RM10,000 OR imprisonment for not >2 years OR BOTH if the volume is RM100,000 but 5 years but 5 m3.
Added: If involving the species from the Third Schedule of the International Trade In Endangered Species Act 2008 (Act 686), fine of not >RM100,000 OR imprisonment of not >7 years OR BOTH. If involving other small plants not mentioned in the Third Schedule of Act 686, fine of not >RM30,000 or imprisonment of not >3 years OR BOTH. |
|
Sect. 47(4) |
Crime: Entry into Closed Forests |
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Original: A fine not >RM500 OR imprisonment for not >3 months OR BOTH. |
Amended: A fine not >RM10,000 OR imprisonment for not >3 years OR BOTH. |
Amended: A fine not >RM20,000 OR imprisonment for not >3 years OR BOTH. |
|
Sect.50(4) |
Crime: Use of forest roads without road permit |
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Original: A fine not > RM250. |
Amended: A fine not > RM10,000. |
Amended: A fine not > RM30,000 OR imprisonment for not > 3 years OR BOTH. |
|
Sect. 66(4) |
Crime: Removal of forest produce from PRF before measurement (for payment of royalty, premium, cess & other charges) |
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Sect. 67(2) |
Crime: Removal of forest produce from other categories of land before measurement
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Original: A fine not >RM5,000 OR imprisonment for not >2 years OR BOTH. |
Amended: A fine not >RM50,000 OR imprisonment for not >5 years OR BOTH. |
Amended: A fine not >RM100,000 OR imprisonment for not >7 years OR BOTH. |
|
Sect. 68(4) |
Crime: No Removal Pass for forest produce taken out of forest |
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Original: A fine not >RM5,000 OR imprisonment for not >2 years OR BOTH. |
Amended: (a) No Removal Pass: A fine not >RM50,000 OR imprisonment for not >5 years OR BOTH; (b) Failure to produce Removal Pass for inspection: A fine not >RM10,000 OR imprisonment for not >3 years OR BOTH. |
Amended: (a) No Removal Pass: A fine not >RM200,000 OR imprisonment for not >10 years OR BOTH;
Added: [Sect.68(5)] Failure to produce Removal Pass for inspection: A fine not >RM20,000 OR imprisonment for not >3 years OR BOTH.
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Sect. 84(1) |
Crime: Unlawful possession of forest produce |
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Original: A fine not >RM2,000 or imprisonment for not >1 year OR BOTH. |
Amended: A fine not >RM50,000 OR imprisonment for not >5 years OR BOTH. |
Amended: A fine not >RM200,000 OR imprisonment for not >10 years OR BOTH. |
|
Sect. 85 |
Crime: No Removal Pass for interstate movement of forest produce |
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Original: A fine not >RM500 OR imprisonment for not >3 months OR BOTH. |
Amended: A fine not >RM50,000 OR imprisonment for not >5 years OR BOTH. |
Amended: A fine not >RM200,000 OR imprisonment for not >10 years OR BOTH. |
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Sect. 87 |
General penalty |
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Original: A fine not >RM2,00 OR imprisonment for not >1 year OR BOTH. |
Amended: A fine not >RM50,000 OR imprisonment for not >5 years OR BOTH. |
Amended: A fine not >RM50,000 OR imprisonment for not >7 years OR BOTH. |
