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Welcome to the South East Asian Biodiversity Website: Laws
(Updated on Monday, October 20, 2003 )

LAWS

Brunei
Cambodia
Indonesia
Laos
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam


BRUNEI

Wildlife Protection Act

Date
1978

Brief description
Provides inter alia for the establishment of wildlife sanctuaries by decree of the Sultan.

Designations
Wildlife sanctuary May include the whole part of a forest reserve of a protected forest , in which case nothing herein contained shall prohibit or restrict the management of the forest reserve of protected forest.

Source
Original legislation.

Forest Enactment

Date
1934

Brief description
Provides for the protection, management and exploitation of forest reserves, and all associated forest produce (including guano of birds and bats, peat, rock, sea sand, river sand, sea shell, shell sand, surface soil, trees and all their parts or produce, silk, cocoons, honey and wax, edible birds' nests, timber, firewood, charcoal, getah, getah taban leaves, wood oil, bark, extracts of bard, damar and attap)

Administrative authority
Forest Department (Director of Forestry)

Designations
Conservation forest: To conserve adequate areas of all existing principal terrestrial habitats and ecosystems.

Production forest: To provide stands of timber of economic potential or exploitation on a sustainable basis.

Protection forest: To safeguard water catchment areas and very step terrain against erosion.

Recreation forest: To provide areas suitable for recreation.

Source
Original legislation.


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INDONESIA

Basic Forestry Act

Date
1969

Brief description
Provides for protection, management and exploitation of forest lands.

Administrative authority
Ministry of Forestry

Designations
Hutan Produksi (production forest): Forest which, because of its natural condition or capacity, can give benefits in the form of timber and other forest products. The removal of forest products is regulated in such a way that it can be continued permanently.

Hutan Lindung (protection forest): Forest whose natural condition is such that it exerts a good influence upon soil, the surrounding environment and water control, and so must be maintained and protected. Among forest classified as protective forest, there are some from which, because of their natural condition, products can still be removed within certain limits, without detracting from/diminishing their protection.

Cagar Alam (Nature Reserve): No management or human interference that changes the character of soil, flora or fauna in any or affects its pristine condition is permitted. Access is for scientific purposes only and is subjected to written permission of the Directorate of Forest Protection and Nature Conservation (PHPA).

Suaka Margasatwa (Game Reserve): No activities that would damage the flora, fauna or landscape or that could detract from the value of the reserve are permitted. Provision is made, however, for hunting, subject to written permission of the Minister of Forestry, and also for development of forest industries subject to a permit issued by the provincial governor for collection of forest produce, grazing of livestock and fishing.

Taman Buru (Hunting Park): Managed specifically for hunting and fishing.

Taman Wisata (Recreation Park): Maintained for outdoor recreation purposes.

Source
FAO, 1977, 1982-83;Scott.1989

Conservation of Living Resources and their Ecosystems Act

Date
August 1990

Brief description
Concerned with the maintenance of biodiversity and ecosystem function in the context of the sustainable utilisation of living natural resources.

Administrative authority
Directorate General of Forest Protection and Nature Conservation (Director of Nature Conservation).

Designations
Nature Sanctuary: A specific terrestrial or aquatic area having protection as its main function to preserve biodiversity of plants and animals, as well as their ecosystems which also act as life support systems.

Cagar Alam (Nature Reserve): A nature sanctuary which, because of its characteristic plants, animals and/or ecosystems, must be protected and allowed to develop naturally. Activities permitted are research and development of science, education and other activities protecting breeding stock. Management shall be by the government in an effort to preserve the species diversity of plants and animals and their ecosystems.

Game Reserve: A nature sanctuary having high species diversity and/or unique animal species, in which the habitat may be managed, in order to assure the continued existence of these species. Management shall be implemented by the government in an effort to preserve the diversity of plant and animal species and their ecosystems.

Biosphere Reserve: An area of unique an/or degraded ecosystems, which needs to be protected and conserved for its research and education value. Within the framework of international conservatin and for those activities defined in Article 17, "sanctuary reserves" and other specified areas can be established as biosphere reserves.

Nature Conservation Area: A specific terrestrial or aquatic area where the main functions are to protect life support systems, to preserve diversity of plant and animal species, as well as to conserve living natural resources and their ecosystem for sustainable utilisation.

National Park: A nature conservation area which possesses natural ecosystems, and which is managed through a zoning system for research, science, education, supporting cultivation, recreation and tourism purposes.

Grand Forest Park: A nature conservation area created to provide a collection of indigenous and/or introduced plants and animals for research, science, education, supporting cultivation, culture, recreation and tourism purposes.

Nature Recreation Park: A nature conservation area mainly intended for recreation and tourism purposes.

Source
Translation of original legislation.

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MALAYSIA (Peninsula Malaysia)

National Forestry Act

Date
24 December 1984

Brief description
An Act to provide for the administration, management and conservation of forests and forestry development within the States of Malaysia and for connected purposes.

Administrative authority
State Director of Forestry

Designations
The State Authority may constitute any land a permanent reserved forest, under the following classification:


  • Timber production forest under sustained yield
  • Soil protection forest
  • Soil reclamation forest
  • Flood control forest
  • Water catchment forest
  • Forest sanctuary for wildlife
  • Virgin jungle reserved forest
  • Amenity forest
  • Education forest
  • Research forest
  • Forest for federal purposes

Source
Translation of original legislation

National Parks Act

Date
1980(amended 1983)

Brief description
An Act to provide for the establishment and control of National parks and for matter connected therewith. Applies to all Malaysia except Sabah, Sarawak and the state parks of Kelantan, Pahang and Trengganu which together constitute Taman Negara.

Administrative authority
Director General of Wildlife and National Parks, appointed under the Protection of Wild Life Act 1972; National Parks Advisory Council; National Committee.

Designations
National Park: The State Authority may, on the request of the Minister, reserve any state land within the state, including any marine area, for the purpose of a National park.

The object of the establishment of a national park is the preservation and protection of wild life, plant life and objects of geological, archaeological, historical and ethnological and other scientific and scenic interest and through their conservation and utilisation to promote the education, health, aesthetic values and recreation of the people.

A committee shall be constituted by the Minster for each national park, chaired by the appropriate state secretary.

Source
Translation of original legislation.

Protection of Wild Life Act

Date
1972 (amended February 1976, February 1988)

Brief description
Consolidates the laws relating to and further provides for the protection of wild life and for other purposes connected therewith. The act only applies to West Malaysia. Repeated the Wild Animals and Birds Protection Ordinance 1955.

Administrative authority
Director general of Wildlife and National Parks.

Designations
Wildlife Reserve: Declared by the Ruler, or State Governor, on an state land, which allows licensed hunting, but in which any species may be declared protected from hunting. The Protection of Wild Life (Amendment) Act 1988 stipulates that it is prohibited to disturb, cut or remove vegetation.

Wildlife Sanctuaries: Within which it is prohibited to shoot, kill or disturb any animal, or disturb or remove any vegetation.

Source
Translation of original legislation.

MALAYSIA (Sabah)

Parks Enactment

Date
14 March 1984

Brief description
An Enactment to repeal and re-enact the law relating to the provision and control of national parks in Sabah and to provide for matters incidental thereto and connected therewith so as to make better provisions respecting the constitution, administration, procedure, functions and finance of parks. Repeated the National Parks Enactment (1977).

Administrative authority
Yang di-Pertua Negeri

Designations
Park: Any area of state land so declared under the provisions of Part II of the Act. Any forest reserve declared under the Forest Enactment (1968), or any game sanctuary declared under the Fauna Conservation Orinance (1963) may be converted to a park. Part III makes provisions for the establishment and constitution of a Board of Trustees. Within a park it is forbidden to hunt, damage vegetation, introduce or remove animals or vegetation, remove minerals, archeological objects etc, erect buildings or clear land, without prejudice to rights gained prior to commencement of the act, and to provisions of any written law relating to mining, prospect for metals or minerals in any park. Section II (17) constitutes six named parks.

Source
Translation of original legislation.

The Forest (Amendment) Act

Date
8 March 1984

Brief description
An enactment to amend the Forest Enactment, 1968.

Administrative authority
Sabah Forest Department

Designations
Forest Reserve
Protection Forest
Commercial Forest
Domestic Forest
Amenity Forest
Mangrove Forest
Virgin Jungle Reserve
Wildlife Reserve

Source
Translation of original legislation.

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MYANMAR

The Burma Forest Act

Date
27 March 1902 (amended 1906, 1912, 1926, 1938 and 1941)

Brief description
An Act to consolidate and amend the law relating to forests, forest produce and the duty leviable on timber. After independence in the act was reinstated with only the titles of government and authorities changed (Adaptation of Laws, Order 1948, dated 4 January 1948)

Administrative authority
Forest Department

Designations
Reserved Forest A forest and every part of a forest
a) declared to be a reserved forest under the provisions of Section 18 of this Act or the corresponding section of any enactment previously in force in Burma; or
b) declared to be a reserved forest under the provisions of any rules in force in Lower Burma previous to 1st July 1882, and brought within the provisions of the Burma Forest Act 1881 by Section 30 of that Act, which shall not, at the time being, have ceased to be a reserved forest under Section 29 of this Act or the corresponding provision of any such enactment or rules.

Prohibited activities include trespass, pasturing, damaging trees, setting fires, quarrying, cultivation, poisoning or dynamiting, hunting, shooting, fishing or setting traps or snares.

Source
Original legislation

Burma Wild Life Protection Act

Date
1936 (amended1954)

Brief description
Makes provision for the establishment of sanctuaries (game sanctuaries) on any at the disposal of the government or, subject to the consent of the owner, any land which is private property. Also provides for the protection of a number of named species outside sanctuaries and reserved forests.

Administrative authority
Wildlife Conservation and Sanctuaries Division, Forest Department

Designations
Game Sanctuary: No person is permitted to hunt without the special permission of the local government (which is only granted for scientific purposes or to preserve the balance of animals) or drive, stampede or wilfully disturb any animal.

Reserved Forest No person shall hunt, drive, stampede or wilfully disturb any animal of remove any animal of part of product thereof except under a license.

Source
Anon (1937)

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PHILIPPINES

Act No. 3915

Date
1 February 1932

Brief description
An Act providing for the establishment of national parks, declaring such parks as game refuges and for other purposes.

Administrative authority
Director of Forestry/ Department of Environment and Natural Resources

Designations
National Parks: Areas of the public domain, which because of their panoramic, historical, scientific or aesthetic value, should be dedicated and set apart as a national park for the benefit and enjoyment of the people of the Philippine Island.

Game Refuges and Bird Sanctuaries: National parks declared as game refuges and bird sanctuaries, and except as provided for any person to hunt, take, wound or kill, or in any manner disturb or drive away therefrom, any wild bird or wild animal, or take or destroy the nest or eggs of such birds, or take or kill and fish or shellfish.

Source
Not stated

Forestry Administrative Order No. 7 (National Park Regulation)

Date
1 January 1934

Brief description
Pursuant to the provisions of section 4 of Act No.3915, entitled "An Act providing for the establishment of national parks, declaring such parks as game refuges and for other purposes", this Administrative Order setting forth the rules and regulations governing the establishment, supervision and protection, maintenance and use of national parks, is hereby promulgated for the information and guidance of all concerned.

Administrative authority
N.A.

Designations
National Park: Such tract of land as shall have been set aside by proclamation of the Governor-General under the provisions of Act No. 3915.

Source
N.A.

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THAILAND

National Parks Act

Date
3 October 1961 (B.E. 2504)

Brief description
Act making provision for the establishment and management of national parks.

Administrative authority
Ministry of Agriculture and Cooperatives (Director, National Park Division, Royal Forest Department).

Designations
National Park: Any land or natural feature which is of interest to be maintained with a view to preserving it for the benefit of public education and pleasure, with the provision that such land is not owned or legally possessed by any person other than a public body. Prohibited activities are defined in Chapter 3 of the Act to provide comprehensive habitat and wildlife protection, but with provision for recreation.

Source
Translated original legislation.

Wild Animals Reservation and Protection Act

Date
26 December 1960 (B.E. 2503)

Brief description
A law for the reservation and protection of wild animals.

Administrative authority
Ministry of Agriculture and Cooperatives (Director, National Park Division, Royal Forest Department).

Designations
Wild animal preserved area ( Wildlife sanctuary): Any area deemed appropriate for the preservation of the breed of animal and on land not owned or legally possessed by any person other than a public body

Non-hunting area: Any place used for official service or public interest or place for common use of the public in which hunting of any wild animal of any kind or category is prohibited.

Monastic precincts: Within the precinct of a monastery or place for religious observance of the public, hunting, collecting or endangering any wild animal is prohibited.

Source
Translated original legislation

National Forest Reserves Act

Date
16 April 1964 (amended 1989)

Brief description
An act to amend the law on the protection and reservation of forest.

Administrative authority
Minister of Agriculture and Cooperatives (Director General, Royal Forest Department).

Designations
National Reserved Forest A forest designated as such under this or, preceding but repealed, acts on protection and reservation of forest (1938, 1953, 1954) for the purpose of preserving forest, timber, forest products or other natural resources, by recourse to a Ministerial Regulation. Within such a forest it is forbidden to hold or possess land, clear land, burn forest, work timber, gather forest products or do any act detrimental to the nature of the national reserved forest with the exception of:
(1) Working timber or gathering forest products under Section 15, utilising or dwelling under Section 16, acting under Section 17, putting to use under Section 18 or acting under Section 19 or 20.
(2) Working prohibited timber or gathering prohibited forest products under the laws on forest.

Source
Translated original legislation

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VIETNAM

Law on the Protection of Forest

Date
5 September 1972

Brief description
Article 5 makes provision for the establishment of protected areas.

Administrative authority
N.A.

Designations
Forest Preserves: Delimited by government and intended to protect flora and fauna, historical and cultural relics and public health, and for conducting scientific research or other special interests. It is not permitted to fell trees (other than those for management purposes) or to shoot birds and other wildlife (MoF, 1985). Some activities are allowed, with the permission of either the Minister of Forests or the Council of Ministers, for example erecting building and collecting fuelwood or scientific specimens (CoM, 1986).

Source
Translated original legislation.

Council of Ministers Decision

Date
9 August 1986

Brief description
Makes provision for the present system of protected areas.

Administrative authority
Ministry of Forestry

Designations
Special-use Forest
National Park
Nature Reserve
Historical, Cultural and Environmental Reserve
Production Forest
Protection Forest
Coastal Protection
Watershed Protection

Source
Translated original legislation

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