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State Assemblies Must First Approve Any Degazette Of Permanent Forest Reserves Or Development Of Recreational Land As Well As Being Required To Replace Such Land Press Statement by Lim Guan Eng (Petaling Jaya, Wednesday): DAP supports the proposal by the National Resource and Environment Minister Datuk Seri Adenan Satem removing the power of the State EXCO to degazette permanent forest reserves and develop recreational land. The time has come for all State governments to follow Johor and Sarawak in getting the approval of State Assemblies before they can degazette permanent forests reserves and develop recreational land. Such protection of our green lung is necessary from predatory politicians looking for a quick buck who are willing to sacrifice our environment but also our natural heritage. For too long, state governments such as Selangor and Melaka has abused their trust and misused their powers in developing recreational land such as football fields or degazetting permanent forest reserves for commercial profit that benefits only their cronies or a few individuals. What is the use of protecting our forests by gazetting as a permanent forest reserve, if the state government can easily degazette it any time? This has happened in Melaka when the only green lung left in Daerah Melaka Tengah covering the historical city of Melaka was affected when 41 hectares out of the 164 hectares or 25% of the Bukit Beruang Forest Reserve was destroyed and degazetted for a theme park and housing project. Such irresponsible act of logging on the only forest reserve left in the Melaka city area shows that state governments can not be trusted and relied upon to protect our natural heritage. To-date Melaka Chief Minister Datuk Mohd Ali Rustam can not explain what benefit, apart from the few developers given such forest reserves, accrues to the people of Melaka from destroying part of their green lung. Datuk Mohd Ali’s excuse that the state government had degazetted the forest reserves in 2004 to build a housing project and a theme park is what the city folk wants is ridiculous when he could not show proof or dared not hold a referendum to prove his claims. Even more shocking is that I am unable to locate the state degazette of 41 hectares of the Bukit Beruang permanent forest reserves. After perusing the entire 48 volumes of the 2004 Melaka state gazette at the Melaka State Legal Advisor offices, the absence of this degazette document gives rise to suspicion that more than 41 hectares of forest reserves were destroyed. Furthermore, I discovered by accident during my investigation of the 2004 Melaka State Gazettes that an additional 26.3 hectares of another permanent forest reserves in Sungai Udang in the Alor Gajah District. Datuk Mohd Ali has said that the degazette of Sungai Udang forest reserve dated 22 December 2004 was part of the development master plan mapped out in the 1980. He refused to explain neither what type of development master plan nor why the permanent forest reserve was only degazetted some 25 years later. The Melaka Chief Minister can not hope that his continued silence will allow the controversy to die. He can run but he can not hide from the people of Melaka angry that all this destruction of forest reserves is happening after his big victory in the 2004 general elections. Based on the principle of accountability and transparency, the people have a right to know how much of our forest reserves have now been removed and developed.
All State Governments Should Be Compelled To Comply With Section 12 Of The National Forestry Act 1984 To Replace Land Excised From Permanent Forest Reserves Datuk Mohd Ali Rustam must also explain his failure to comply with Section 12 of the National Forestry Act 1984 requiring wherever possible, state governments to replace land excised from permanent forest reserves. In other words, since Datuk Mohd Ali had excised 41 hectares and 26.3 hectares in the Bukit Beruang Forest reserve (Melaka Tengah District) and Sungei Udang Forest Reserve (Alor Gajah District), he should replace an equal area of such land. The question is how is he to replace the Bukit Beruang Forest Reserves when there are no longer any forests left in the Melaka Tengah District. DAP urges that all state governments should be compelled to comply with Section 12 of the National Forestry Act 1984 to replace an equal area of land excised from permanent forest reserves. It is sad that most state governments do not comply with the good intentions and spirit behind section 12 to protect and retain our existing area of permanent forest reserves. Section 12 is as follows:-
On 14 January 2005, Prime Minister Datuk Seri Abdullah Ahmad Badawi said that only 58% of the country’s total land area remains covered by tropical forests due to extensive logging activities. He added that to ensure that existing forests are protected; forest areas must not be reduced but expanded. The failure to comply with section 12 of the National Forestry Act will only result in forest areas being reduced much less expanded. If the Prime Minister is serious about protecting forest reserves, then not only must state assemblies be given the sole power to degazette forest reserves and develop recreational areas. State governments must also comply with Section 12 to ensure that any permanent forest reserves excised must be replaced with an equal land area to at least maintain, not reduce our permanent forest reserves. (13/4/2005) * Lim Guan Eng, DAP Secretary-General |