This paper was presented by Dato’ Nik Mohd Shah Bin Nik Mustafa, Deputy Director-General [Operation & Technical], Forestry Department Peninsular Malaysia at the seminar On Liberalization of Forestry and Environmental Services in Malaysia, organized by the Institute of Foresters Malaysia (IRIM) and MSPC at the Forestry headquarters in Kuala Lumpur on 12 March 2013.
FOREST RESOURCES IN PENINSULAR MALAYSIA
5.81 million ha (44.08% - 2011)
-State/Alienated Land (4.99%) 0.31 mil ha
-Production (Development) 0.31
PRF(84.50%)4.91 mil ha
Production (SFM) 1.99 (40.53%)
Protected (PA) 2.92 (59.47%)
National Park/Wildlife & Bird Sanctuary(10.15%)0.59 mil ha
Totally Protected (TPA) 0.59
Production 39.59% 2.30 mil ha
Protection 60.41% 3.51 mil ha
TYPES OF FOREST
PERMANENT FOREST RESERVED
• Reserved forests were originally delineated in accordance with the Land Capability Classification as lands not suitable for mining or agriculture (Lee and Panton, 1971). It was gazetted under the National Forestry Act, 1984
STATE LAND FOREST
• Forests that are theoretically targeted for conversion (World Bank, 1991); or land which could over the long term be co-opted into the PFE system or converted to some alternative form of land development, at the discretion of the State authorities.
• Forests that are under a private ownership
FOREST POLICY AND LEGISLATION
• NFP 1978
• APN 1984
• AIBK 1986
• CITES, REDD++, CC, CBD, Certification (Sustainability &
• NRE, MPIC, PTG, JAKOA, JAS(EIA & EMP), MTIB, FRIM
• SFM- LCC, Mining, Agriculture Land-use, NFP-CFS
• NFP- Plantation, TLC, Species, Bio-D, Watershed, Carbon
NATIONAL FORESTRY ACT 1984
• Article 74(2) of Malaysian Constitution - Land and Forest comes under the jurisdiction of the respective State Governments. State is empowered to enacts laws & formulate policy on forestry.
National Forestry Council (NFC) under the National Land Council was established in 1971 in order to facilitate the adoption of a coordinated and common approach to forestry (between Federal and State Governments)
• NFC serves as a forum for Federal and State Governments to discuss and resolve common issues relating to forest policy, administration and management. Currently, all these forest related issues are resolve directly in the National Land Council.
• National Forestry Policy (NFP) 1978 (revised 1992) and National Forestry Act (NFA) 1984 - provide a common approach relating to forest management practices in all the States.
• NFP and NFA - provide guidelines for management, conservation, utilization, development and protection of forest in the country.
National Forestry Act 1984 constitutes some of the following section, namely:
• All forest produce are property of the State Authority
• Prohibition on taking of forest produce from Permanent Reserved Forest land or State land unless licensed (Section 15)
• Forest Management Plan, Forest Harvesting Plan to be carried into effect (Section 24)
Section 10, NFA 1984, allows PRF be classified into any of the following twelve (12) functional classes for effective contribution to livelihood; and to further promote sustainable forest management and taking into account the multiple roles/uses of forest:
1. Timber Production Forest under sustained yield
2. Soil Protection Forest
3. Soil Reclamation Forest
4. Flood Control Forest
5. Water Catchment Forest
6. Forest Sanctuary for Wildlife
7. Virgin Jungle Reserves
8. Amenity Forest
9. Education Forest
10. Research Forest
11. Forest for Federal purposes
12. Forest State Parks
FORESTRY RELATED LAWS AND LEGISLATIONS
- Water Act 1920 (Act 418)
- Land Conservation Act 1960 (Act 385)
- National Land Code 1965
- Protection of Wildlife Act 1972 (Act 76)
- Malaysian Timber Industry Board Act 1973
- Malaysian Forest Research & Development Act 1965
- Environmental Quality Act 1974 (Act 127)
- National Park Act 1980 (Act 226)
- Aboriginal Peoples Act 1954 (Act 134)
- International Trade in Endangered Species Act 2008 (Act 686)
- Protection of New Plant Varieties Act 2004 (Act 634)
- National Policy on the Environment 2002
- National Policy on Biological Diversity 1998
FOREST MANAGEMENT SYSTEM
Sustainable Forest Management (SFM) as defined by the International Tropical Timber Organization (ITTO, 1992) is:-
“the process of managing forests to achieve one or more clearly specified objectives of management with regard to the production of continuous flow of desired forest products and services, without undue reduction of its inherent values and future productivity and without undue desirable effects on physical and social environment”
PRF - 4.91 million ha
-Manage for Production purposes
-Manage for Protection purposes
MANAGEMENT PRACTICES- SUSTAINABLE FOREST MANAGEMENT [SFM ]
ECONOMY, SOCIAL, ENVIRONMENT
Malaysian Criteria &Indicator
(KETIDAKAKURAN CARs YANG DITUTUP SEMASA AUDIT TAHUN 2012
CARs dikekalkan- 49%, CARs- ditutup 51%)
TAHUN AUDIT 2012
FOREST DEVELOPMENT PROGRAM
- Forest development projects
- 7 projects / RM10.86 mil. (2011)
- Campaign 26 million trees
- Period 2010 to 2014 ( as of 2011 – 10.46 mil.trees / 9,298 ha)
- Mangroves planting
- In 2011, 298,611 trees / 87.25 ha coastline
- CFS, CDM, CBD, TLC
- Watershed management - 89% of 841,608 ha gazzetted
FOREST GOVERNANCE & LIBERLISATION
Three broad categories:
Relating to locations typically include the harvesting
of timber in locations where logging is prohibited or in locations without a valid permit, whether on private lands, community-owned forests, or state-controlled forests. It also includes felling trees from prohibited sites within concessions areas, such as areas with steep slopes or those located close to rivers or streambeds.
Relating to practices associated with commercial
timber harvesting typically involve a failure to comply with a jurisdiction’s laws and regulations governing the behavior of forestry concession-holders. Examples include failing to meet affirmative obligations to file forest management plans, failing to conduct social and environmental impact assessments, and failing to perform post-harvest reforestation activities. They may also include practices like operating or transporting logs without legal permits.
Relating to products include the harvesting
of protected tree species, such as ‘Tualang’, mother trees,32 residual stand as well as the felling of trees below allowable size classes. Product restrictions on the basis of value added (logs, sawn wood, etc).
FDPM CLIENT’S CHARTER
-All requests for information available by FDPM were entertained within 1 week.
-Technical advices forwarded within 2 weeks.
-Unrestricted publications distribution within 2 weeks.
-In-service training notified within 2 weeks.
-Result on forestry course application by 1 month after interviewed.
-Forest development project reported soonest.
-Tendered results before 4th month & payment in 1 month.
-Complaints acted within 3, 7, 14 days.
GOOD FOREST GOVERNANCE
- Political commitment and supportive policies for SFM.
- Coherent and coordinated policy and laws.
- Forest law compliance and enforcement.
- Effective regulations and administrative procedures.
- Appropriate and capable institutions.
- Monitoring of SFM and the cross sectoral forces that influence SFM.
- Decentralized forest management.
FOREST GOVERNANCE AND ENFORCEMENT
• Forest enforcement are carried out to compliment the National Forestry Act on the ground.
• Enforcement unit at the Forestry Headquarters in
Kuala Lumpur and Enforcement Unit in various state has being established to carry out enforcement works.
Kuala Lumpur and Enforcement Unit in various state has being established to carry out enforcement works.
• Cooperation with other enforcement agencies are carried out regularly to maximize man-power, equipment and efficiency in carry enforcement work
• The establishment of 1NRE Enforcement team by the Ministry of Natural Resource and Environment shows the commitment to combat illegal logging and various forest offences
Statistics of Illegal Logging in Peninsular Malaysia
PENINSULAR MALAYSIA COMMITMENT
• COMMITMENT TO SFM GOVERNANCE
- SFM is a serious commitment as evident in Malaysia’s century-old track record in respect to forestry policy and regulation, systems of
licensing, harvesting and forest management , enforcement, monitoring and inspection as well as continuous improvement. FDPM has a RM90 million development allocation. Forest management towards a ‘true’ ecosystem approach
- Participate in UNFF, FAO, ITTO, CITES, ASEAN Experts’ Groups and other international agencies. Peninsular Malaysia’s forest industry operates to ISO and other technical standards.
• REGIONAL & BILATERAL COOPERATION
- Malaysia has shown considerable commitment to combating illegal logging both domestically and regionally. The level of illegal logging in Sabah and Sarawak to be small, in the order of one percent or less, as compared to the legal wood products trade (Blakeney, 2001), while illegal logging in Peninsular Malaysia is well under controlled.
- Effective procedures for assessing changes in forest bio-diversity and water quality, appropriate mechanisms to resolve disputes, conflicts and grievances over tenure claims and use rights (“orang asli”), evaluate social impact of forest operations, document traditional forest-related knowledge and practices, species management and the equitable sharing of benefits.
• CAPACITY BUILDING
- Develop and strengthen the institutional capacity, expertise and make available equipment for measuring, monitoring and reporting (FRA & MAR).
- Inter-agency coordination at both the Federal, States and forest management unit levels to ensure sustainable forest management, conservation and development of the forest resources.
• OPENNESS &TRANSPARENCY
- Updating the National Forestry Policy 1978 that form the framework for the National Forestry Act 1984 revision via “stakeholder consultation”.
FORESTRY SERVICE CHALLENGES
Our Forests are more than just about trees - “Looking Beyond Trees”
Forest is very crucial and critical for community livelihoods
• Source of Foods, Shelter and Income for Local Community
• Coastal Protection
• Source of Quality Water
• Source of Fuel and Energy
• Forest-Based and Eco-Tourism
• Climate Change Adaptation and Mitigation
• Conservation of Genetic Resources
• Habitat for Forest Biodiversity (Flora and Fauna)
• Wood and Other Non-Wood Products
* The National Forestry Act (NFA), 1984 (Amended 1993) to incorporate new provision to deter the occurrence of forest offences
-Identifying hotspot areas with potential incidence of illegal logging activities throughout Peninsular Malaysia
* Formulated and implemented ‘National Action Plan for Combating Illegal Logging 2011-2015’
-Using remote sensing technology and geographic information systems (GIS) to track and monitor the activities of forest encroachment
-Promoting a Timber Licensing Assurance System (TLAS) under the Malaysian-European Commission Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreement (VPA)
* Enforcement Division and 1NRE in the Forestry Department Peninsular Malaysia and Ministry of NRE
• Regular monitoring and reporting activities are also undertaken through frequent patrolling
FUTURE FORESTRY SCENARIO
- TO MAINTAIN 50% PRF.
- TO ESTABLISH 375,000 Ha UNDER FOREST PLANTATION.
- TO FULLY APPLY RIL IN FOREST HARVESTING.
- TO COMPLY WITH SFM BASED ON MC&I (2002), FLEGT-VPA, AILPB, LA, CBD, NAP etc.
- TO PROMOTE ECO-PARK AND STATE PARKS UNDER NATIONAL ECOTOURISM PLAN.
- TO INTEGRATE MULTIPLE-USE IN FORESTED WATERSHED.
- TO PRACTISE GREEN COURT.
- MORE FOREST /FORESTRY RELATED R&D WORK AND INNOVATIONS.
- TO PRODUCE AND SUPPLY 60% LOGS FROM PLANTATION WOOD .
- TO TOTALLY BAN LOG EXPORT AND IMPLEMENTATION OF NATIP (IMP3) FOR DOWNSTREAM/VALUE ADDED WOOD-BASED INDUSTRIES.
- TO ENCOURAGE ALTERNATIVE USE AND SOURCED NATURAL FIBERS FROM OIL PALM AND COCONUT BIOMASS TO ACHIEVE RM 53 B EXPORT EARNINGS.
- TO DEVELOP RICH BIO-D, INCREASE USE OF MINOR FP (BAMBOO & RATTAN) FOR NICHE MARKETS.
- TO PARTICIPATE IN CDM PROJECTS (post-KYOTO), CARBON TRADING AND REDD++.
- TO INTRODUCE FOREST GREEN TECHNOLOGY.
- TO EXERCISE DIGITAL FORESTRY.
- FORESTRY DEPARTMENT OF PENINSULAR MALAYSIA WILL CONTINUE TO FULLY COMMITTED IN SUSTAINABLE FOREST MANAGEMENT (SFM) BY STRENGTHENING FOREST GOVERNANCE THROUGH IMPROVED TRANSPARENCY AND ACCOUNTABILITY.
- GOOD FOREST GOVERNANCE IS RELEVANT FOR ITS IMAGE IN LIBERALIZATION OF PRACTICES AND SUSTAINING THE RESOURCES TO ENABLE MULTIPLE CONTRIBUTIONS TO SOCIETY NEEDS, ECONOMIC DEVELOPMENT AS WELL AS ENVIRONMENTAL PROTECTION.