TWO non-governmental organisations (NGOs) are planning to file a judicial review against the Selangor state government and Selangor Forestry Department for the latter’s decision to de-gazette parts of the Bukit Cherakah Forest Reserve.
“We were also informed that the Shah Alam Community Forest Association (SACF) are also talking to the Bar Council to find ways to protect the pristine forest area from getting de-gazetted,” said Otai Reformasi secretary Abdul Razak Ismail in a statement.
In May, it was reported that the Selangor state government was planning to de-gazette 406.22 hectares of the Bukit Cherakah Forest Reserve, Section U10.
Several NGOs protested against the move saying no public consultation was done prior to decision, which was in breach of the Selangor State Forestry Act (EAPN) 1985, amended in 2011.
Yesterday, Selangor Forestry Department director Ahmad Fadzil Abdul Majid said that the gazette notification (G.N. 1645-2022) to degazette the Bukit Cherakah Forest Reserve on May 5 was an attempt to complete the delisting process that stopped around 2006.
Based on Section 13 of the EAPN, the state authority must notify of any permanent forest reserve area that has been degazetted.
He also said based on records, the degazetting process for Bukit Cherakah Forest Reserve took place from around 1991 to 2006, including an area covering 406.22ha.
“Various possibilities can be factors for the degazetting process to be put on hold at the Gazette Plan stage, which is PW1443. Thus, the gazette notification issued on May 5 was backdated to refer to the decision of the state executive council in 2000.
“In general, the degazetting is to complete the process that was pending in 2006. The Selangor government has taken the appropriate role to resolve matters that were delayed over 20 years ago,” Bernama reported Ahmad Fadzil as saying.
Repulsive and sly
Touching on the matter, Abdul Razak lashed out at the state government for trying to justify the decision to de-gazette the forest reserve by backdating it based on a decision made 22 years ago, calling it repulsive.
“This is unbecoming of a so-called efficient administration. It’s ludicrous that the Pakatan Harapan state government would just follow a decision made 22 years ago by the-then Barisan Nasional state government led by its political nemesis Dr Khir Toyo,” he remarked.
Abdul Razak also expressed disappointment over the administration’s decision to only notify the public of the matter using the Selangor state government website, minus the mainstream media.
“And I think the administration did that because they knew that if a judicial review was not filed three months after the notification, we cannot approach the court after that.
“In any case, we are of the view that since the notice was published on the website on May 5, 2022, any move to develop the forest reserve since November 2000 is illegal as the land has yet to be de-gazetted as a forest reserve,” Abdul Razak said. – July 11, 2022
Pic credit: EdgeProp
