A COALITION of environmental groups has urged Selangor Menteri Besar Datuk Seri Amirudin Shari to revoke the state government’s decision to de-gazette parts of the Bukit Cherakah Forest Reserve.
The B.E.A.CC.H (Biodiversity, Environment, Agroecology, Climate Change and Habitats) umbrella group questioned why the excision process, involving some 406.22 hectares in Shah Alam from 1991 to 2006, was still not done after 20 years.
“A gazette notification dated May 5, 2022 announced that the state had excised 406.22 hectares from the Bukit Cherakah Forest Reserve, following a decision by the Selangor state executive council on November 20, 2000.
“Based on a recent statement by the Selangor Forestry Department, the exercise was conducted to complete a process that purportedly began in 2000, and the state was now resolving matters delayed for over two decades.
“Why it took them over two decades remains a mystery,” B.E.A.CC.H, the environmental cluster of the Civil Society Organisation (CSO) Platform for Reform, said yesterday in a statement that was endorsed by 52 other groups.
Furthermore, it said, the state government failed to comply with stipulations in Selangor’s National Forestry Act (Adoption) Enactment 1985 when it excised the forest reserve.
B.E.A.CC.H cited Section 12 of the law, which states that replacement land of the same size as the excised area must be turned into a permanent reserved forest.
“In addition to this, the Selangor government had amended their forestry enactment in 2011 to provide for mandatory public inquiries prior to any excision of forest reserves. This is provided for under the Selangor Public Inquiry (Selangor) Rules 2014.
“The current state government under Pakatan Harapan should have held the mandatory public inquiry before the excision, but they clearly did not, making the excision all the more unlawful,” it said.
The final decision on any excision on forest reserves, it added, must be made by the state legislative assembly.
“This step will allow for all key facts to be revealed. Ultimately, the people’s representatives can debate and decide on the matter publicly,” B.E.A.CC.H said.
Controversial move
The Selangor state government is currently under fire from environmentalist groups and residents over the de-gazettement of the forest reserve, which has reportedly been de-gazetted over 20 times in the last century.
The forest reserve, once boasting almost 10,000 hectares of land, is now reportedly less than 15% of its former area.
Earlier this month, Selangor Forestry Department director Ahmad Fadzil Abdul Majid clarified that the May 5 gazette notification was made to complete the delisting process that stopped around 2006.
This was done as per Section 13 of the Enactment (Application) of the Selangor State Forestry Act 1985, which states that the state authority must notify the public of any permanent forest reserve area that has been de-gazetted.
“These actions were also implemented after taking into consideration the comments from the Selangor State Legal Advisory Chamber,” he said.
B.E.A.CC.H said the hills in Bukit Cherakah, a popular destination for hikers and nature lovers, are not suitable for development as it could lead to soil erosion and landslides.
“The increased siltation may also contribute to flash floods downstream, as evidenced by prior flash flood incidents plaguing the country, including the recent Baling flood tragedy and the devastating floods of December 2021,” it added.
“Taking a leaf from all the recent tragic events and the worsening climate, the state government should do the right thing and revoke this de-gazettement. The excision does not benefit the general public or the environment, (and goes against the state’s intention) to keep at least 30% of its forest reserves, as stated in the Selangor Structure Plan 2035.
“All fifty-three CSOs, including B.E.A.CC.H, demand that the Selangor state government follows due legal process and revoke the said gazette immediately.” – July 19, 2022
