New riparian reserves cleared in the heart of Sukau
Published on: Monday, July 20, 2015
Kota Kinabatangan: Decimation of riparian forest reserve marches on in Lower Kinabatangan, in complete defiance of the basic State land law, and its clear provision for fairly hefty punitive consequences. A double offence includes open burning which is banned under DOE's Zero Burning regulations, as seen from a picture emailed to Daily Express.The shock centres in Sukau itself – a reputed heartland of Sabah's river wildlife ecotourism, where 200 acres of ancient wetland forests had been cleared purportedly for rubber under Government a Poverty Eradication Scheme.
ADVERTISEMENT
But it actually eradicates more than poverty, it also eradicates wetland forests millions of year old, established wildlife, a natural water filter of Kinabatangan, as if they have no legal responsibility to comply with 'Environmental Rule of Law", believed widely now as essential for the protection of natural resources and ecosystems. Most interestingly, 'Environmental Rule of Law' is being pushed in Malaysia by our Judiciary, such as the 1st Asia Pacific Colloquium on Environmental Rule of Law, themed 'Defining a New Future for Environmental Justice, Governance and Law', held in Putrajaya, Dec 11-12, 2013, under the patronage of the Chief Justice of Malaysia, Tun Ariffin Zakaria, including an upfront presence of Tan Sri Richard Malanjum, Chief Justice of Sabah and Sarawak, the outcome of which is the 'Putrajaya Statement'.Malanjum subsequently initiated a similar Judiciary-driven two-day workshop April 17-18 entitled 'Environmental Protection in Sabah & Sarawak – The Way Forward', at the UMS, officiated by Culture, Tourism and Environment Minister, Datuk Seri Panglima Masidi Majun.At a press conference, Malanjum highlighted the establishment of the Special Environmental Court since January and that he had instructed all judges to dispose environmental cases within four weeks and cited the rarely used 'public interest litigation' as an area to look into with respect to environmental violations.
ADVERTISEMENT
Masidi also said the Special Environmental Court "proved we are serious' about environmental protection and that Special Environmental Court is "the most effective way to do it". More and more, the Judiciary coming into the picture, offering the public to connect themselves to the law to protect the environment and let environmental rule of law asserts its power.
ADVERTISEMENT
The latest Sukau incident highlights the need to establish Environmental Rule of Law in Sabah because it has also wiped out the background forests behind a few prominent eco lodges in just one fell swoop. Elephants, Oranutan, Proboscis monkey, hornbills all reportedly use the area which is located prominently opposite SI Tours on the other side of the Kinabatangan River, and close to the mouth of the Menanggol River in sight – Sukau's famous Proboscis monkey watch site.Many a wildlife tourists, resort operators, conservationists found a continuing open disregard for wildlife and reductionistic actions against wildlife tourism disturbing but seem to have swallowed it in silence in a climate of fear, also as if they have no legal right to protect their rightful public interest. Alienated land aside, the Land Ordinance Sabah (Cap 68) is clear that all riparian reserves in Sabah are State lands the entry of which requires a written permission from the Director of Land & Survey, and their illegal clearance and occupation of which are subject to legal actions and appropriate punishment. So first question: Does this particular rubber planter have a 'written permission' from the Director to enter the river bank to clear it? The answer is most likely no.As of great importance as eradication of poverty may sound, that in no way bind the Land Office when pursuit of the noble objective violates gazetted land laws, such as the law on River and Seashore Reserves and Ridges of Hills, a prominent local lawyer told Daily Express. Section 26 (1) Unless otherwise expressly provided in any title, the entire property in and control of the water of all rivers, creeks, streams and water courses, and of the seashore below high water mark is and shall be vested solely in the Government. There it is, the State Government is the sole owner of al riparian reserves. They cannot be privatised. (2) The Government also has power to reserve such portion of land as may be deemed advisable along the banks of rivers, streams or creeks, or along the seashore above high water mark, or along the ridges of hills. Such reserves shall be shown on all documents of titles. In other word, Riparian reserves are State titles, not private titles or Native titles. This clause actually forbids the Land Office to alienate riparian reserves to private ownership, with a mandatory requirement to mark out riparian reserves, if any, on all land titles! But this particular land use law on Riparian reserve has been mocked for decades, especially by planters, resulting in isolation of prime wildlife, disconnectivity of their key habitats, hastening their extinction, chronic erosion of river banks and the grave pollution of Sabah's major rivers which more and more render ecotourism less and less attractive. So what's the legal implications for private developers who go and clear and occupy such State lands for private interest?Section 166 of the Land Ordinance Sabah (Cap 68 ) is clear on the costly penalties. Penalties for Unlawful OccupationAny person who shall be found after due warning unlawfully occupying any State land, or land reserve for a public or residential purpose, enter by residing or by erecting any house, hut, or building thereon, or by clearing, enclosing or cultivating any part thereof or cutting timber and produce thereon, or who such directly or indirectly abet the commission of such act or trespass by another person, shall be guilty of an offence under this ordinance and shall be liable to a fine not exceeding RM100,000 or to imprisonment not exceeding five years, or to both fine and imprisonment. In short, Land Ordinance Sabah (Cap 68) provides for very stiff penalties that is, for clearing State lands, occupying State lands and cultivating on State lands!And not only the Land Ordinance Sabah (Cap 68), Sections 41 & 42 of the Sabah Water Resources Enactment 1998 also states without any ambiguity that removal of 'natural vegetation' from any river bank without a 'written permission' of the Director (DID), and causing pollution as a result, is an offence, with attendant penalties. This particular law actually empowers the DID Director to order the offender restore the natural forest, at his own cost, failing which the DID shall do it through an agent or otherwise and then pass the bill to the offender.Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
