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Friday, September 3, 2021

Selangor should revoke forest reserve de-gazettement, not postpone - NGO

 


Environmental rights NGO Sahabat Alam Malaysia (SAM) has urged the Selangor government to revoke its move to de-gazette the Kuala Langat (North) Forest Reserve.

As the excision was already formalised, it sees no possibility of any “postponement”.

Speaking to Malaysiakini, SAM legal adviser A Theivanai noted that the gazette on the excision had already been published.

This publication completes the de-gazettement process.

“I have no idea what they meant by 'postponement'.

“Because once a gazette is out, the state government can only revoke it by issuing another gazette revoking the particular gazette,” she said.

On Aug 12, the state government published a gazette declaring that approximately 536.7 hectares of the Kuala Langat (North) Forest Reserve were no longer permanent forest reserve land.

Titled “Excision of land from permanent reserved forest”, the notice was dated Aug 4 and signed by state executive council clerk Mohd Khairul Ashraff Radzali.

The de-gazettement was based on the National Forestry Act (Adoption) Enactment 1985.

The same publication also formalised the Selangor government’s plan to replace the degazetted area with four new forest reserves - Buloh Telor West Forest Reserve (308.62ha), Buloh Telor East Forest Reserve (57.18ha), Sungai Panjang Forest Reserve (149.96ha) and Bukit Broga Forest Reserve (63.88ha).

This was based on a May 5 state executive council decision, where it also agreed that private firm Gabungan Indah Sdn Bhd will be given the de-gazetted land for a mixed-development project.

These decisions were only communicated to the Selangor Legislative Assembly on Aug 30, following questions from lawmakers.

State executive council can revoke

Following the widespread backlash, Selangor Menteri Besar Amirudin Shari was summoned by his party to explain the de-gazettement.

According to PKR communications director Fahmi Fadzil, the menteri besar agreed to “postpone” the de-gazettement but Amirudin has yet to come forward to confirm the matter.

What is confirmed is that Amirudin has now been mandated by Selangor Pakatan Harapan to bring the matter to next Wednesday’s (Sept 8) state executive council meeting for more discussions.

Theivanai, a lawyer, reiterated that the de-gazettement can be reversed through a decision by the state executive council.

“The government can revoke its earlier decision to de-gazette in the same way when it first made the decision to de-gazette the forest reserve.

“Then the state can make an announcement publicly through a gazette. As far as I know, they can use their general powers to do this,” she said.

Separately, 10 groups that formed the Malaysian Environmental NGOs (Mengo) issued an appeal to stakeholders against supporting any proposed development in the forest area.

"Should the area continue to be degazetted, Mengo calls upon investors and financial institutions to refrain from providing financing to develop the area.

"The act of destroying a carbon sink landscape, biodiversity hotspots and cultural landscape go against United Nation conventions and declarations that Malaysia is a signatory to," the groups said in a statement.

"It also departs from the Environment, Social, Governance (ESG) principles of doing business, which progressive companies increasingly seek to adopt to operate without damaging the environment and society.

"Mengo also calls upon individual Malaysians to refrain from buying or renting the properties," they said.

Likewise, Mengo said household-brand names should not place their products in a commercial area tainted with infringement against conservation and sustainable development goals as identified by concerned parties. - Mkini

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