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Abstract
According to Sabah Forestry Enactment 1968, Yang di-Pertua Negeri Sabah is given the power to reserves forests for various purposes including commercial, protection, domestic and others. Sabah Forestry Department is entrusted with proper and efficient planning, and implementation of State forest resources management (SFM) to comply with the sustainable forest principles. It achieves to manage forest resources towards sustainable and profitable forest governance. However, Sabah forest reserves were threatened by illegal trespassing by foreign migrants to possess forest produce unlawfully and to occupy State land illegally. This article aims to expose the causes of the invasion of forest reserves by foreign migrants, the offences committed by foreign migrant activities in the forest reserves, violation of specific legislation such as the Immigration Act 1959/63 and the Forest Enactment 1968. The qualitative legal research methodology was used to understand the issues at hand, the existing applicable laws and the legal implications for such illegal activities in these forest reserves. Secondary data found in the legislation, journals, annual report, and law publication were collected, reviewed, analysed, and discussed to understand its legal implications better. Thus, efforts to expose these illegal activities by foreign migrants is essential to ensure Sabah Forest Reserves can continuously be maintained and not destroyed at the hand of illegal foreign trespassers. Employers should also be made responsible for their involvement in trafficked or smuggled illegal migrants as workers and simultaneously, conduct illegal activities to deceit the State Forestry efforts and developmental planning in Sabah.
Highlights
INTRODUCTIONThey are offences to breach the protection provisions, such as destroying the forest reserves using fire, prohibited activities on the forest reserves, illegal logging, transporting out the forest resources, cutting down trees of less than the diameter limit, and being penalized with a fine and imprisonment
Rohani Abdul Rahim, Muhamamd Afiq Ahmad Tajuddin, Rovina Intung, Azizah Landa, and Herlina Makanah into two categories that are about 1.29 million hectares (35.50%) as forest reserves for environmental protection, and 2.31 million hectares is classified as Production
Trespass of forest reserves involves offences such as breach of license conditions (51%), illegal possession (21%), illegal logging in state land (11%), illegal cultivation in forest reserve (9%), illegal logging in forest reserve (7%), evasion of paying royalty (1%) and there was no case on the illegal entry in forest reserves (0%)
Summary
They are offences to breach the protection provisions, such as destroying the forest reserves using fire, prohibited activities on the forest reserves, illegal logging, transporting out the forest resources, cutting down trees of less than the diameter limit, and being penalized with a fine and imprisonment. Foreign migrants are expected to enter any state of Malaysia, including Sabah according to approved routes at the approved and declare such “immigration control posts, authorized landing places, authorized airports, or authorized entry points unless compelled by accident or other reasonable cause” (Section 5(1)). “Any person having been lawfully removed or otherwise sent out of Malaysia, unlawfully enters Malaysia or unlawfully resides in Malaysia shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall be liable to whipping of not more than six strokes, and shall, in addition to any penalty for the offence, be removed or again removed, as the case may be, from Malaysia.” (Section 36)
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