A forest degazettement shrouded in “mystery” and one that is not in accordance with the blackletters of the law.
This sums up the sentiments of 53 civil society organisations over the recent degazettement of the Bukit Cherakah Forest Reserve in Shah Alam by the Selangor government and the Selangor Forestry Department.
Coming under the banner of Biodiversity, Environment, Agroecology, Climate Change, Habitats (BEACCH) – an environmental cluster of the CSO Platform for Reform in Malaysia, the group of 53 includes environmental, consumer, research, human rights, and residents’ association groups.
The group is unanimous in its demand for Menteri Besar Datuk Seri Amirudin Shari to immediately revoke the degazettement of the Bukit Cherakah Forest Reserve, which is said to have been initiated some 22 years ago during Barisan Nasional’s reign.
They say that through a gazette notification dated May 5, 2022, it was announced that the state government had excised 406.22 hectares from the Bukit Cherakah Forest Reserve, based on a decision by the Selangor State Executive Council on Nov 20, 2000. The excision of the said forest reserve was done under Section 11 of Selangor’s National Forestry Act (Adoption) Enactment, 1985.
However, according to a recent statement by the Selangor Forestry Department, the exercise was conducted to complete a process which purportedly began in 2000, with the current state government taking an appropriate role in resolving matters delayed for over two decades.
BEACCH coordinator, Leela Panikkar, said it remains a mystery as to why it has taken the authorities two decades to “resolve the matter” through the recent notification on the degazettement.
She insisted that mandatory public inquiries must be held prior to any excision of forest reserves, in line with the state amending its forestry enactment in 2011.
However, that requirement was recently dismissed by the Forestry Department, which said that plans for the degazettement were approved 20 years ago.
“The current state government, under Pakatan Harapan, should have held a mandatory public inquiry before the excision, but they clearly did not, making the excision all the more unlawful,” Leela said, adding that there was also a need to look for replacement land of the same size as the excised area, as a permanent forest reserve.
“Previously, the Shah Alam Community Forest Society was the one championing this matter. But now, an entire community is behind them and we are all in agreement that what is happening here is not according to the law,” she added.
It was reported that the land in question was being cleared for a housing project by the state-owned Selangor State Development Corporation (PKNS).
Leela said a similar matter cropped up in the state in 2018, involving the Bukit Lagong Forest Reserve in Gombak, where it was discovered that the due process for degazettement had not been followed.
“Subsequently, a public inquiry was held, and a town hall was carried out regarding plans for degazettement. But until today, there has been no news on the proposed degazettement,” she said.
Leela, who is also the director of Treat Every Environment Special, said Pakatan has been the ruling government in Selangor for 14 years, and it was Pakatan that came up with the amendments to the Selangor Forestry Act, including the need for a public inquiry.
“So, why isn’t the state government making sure the same process is done for Bukit Cherakah?”
“The excision also does not benefit the public and the environment, especially as the state government had declared that it intends to keep at least 30 per cent of its forest reserves, as stated in the Selangor Structure Plan 2035.
She said Bukit Cherakah, which has existed since 1909, is popular with nature lovers, hikers, and tourists. The forest reserve is also home to a diverse range of flora and fauna, including tapirs, white-handed gibbons, hornbills, and 450 species of plants. It also serves as a water catchment area.
Leela said although the steep hills are great for challenging hikes and eco-tourism, it is not suitable for development as it can cause soil erosion and landslides.
“The increased siltation may also contribute to flash floods downstream, as evident by flash floods plaguing the country, including the recent Baling floods and the devastating floods in December last year.”
“Do the authorities really want to destroy a pristine forest for another housing development project? We cannot afford to lose any more forests. Where are they going to look for replacement land if we don’t have much lowland tropical forest reserves left?”
