Timber leading S'wak gov't into legal soup
A rash of legal actions is being planned against the Sarawak government over licences granted for the extraction of timber from native customary rights (NCR) land and catchment areas by a state representative who is disappointed that his questions on the issue had been ignored.
PKR Batu Lintang assemblyperson See Chee How said he will file a series of court actions against the government and the timber companies concerned.
A rash of legal actions is being planned against the Sarawak government over licences granted for the extraction of timber from native customary rights (NCR) land and catchment areas by a state representative disappointed that his questions on the issue had been ignored.
PKR Batu Lintang assemblyperson See Chee How said he will file a series of court actions against the government and the timber companies concerned.
The licences were issued soon after the state assembly was dissolved.
"It is illegal to extract timber from NCR land and catchment areas," he said today.
"We will file the first case very soon against the issuance of a timber licence over NCR land in Lubok Antu," he said, adding that the owners of NCR lands had already approached him to take the matter to the court.
He believes that "something is not right" in the issuance of the timber licences.
"If you cannot get answers from the state legislative assembly, you go to court," he said.
See ( right ), also a human rights activist, spoke at length during the just-concluded state assembly sitting on the issuance of 11 licences to logging companies soon after the dissolution of the state assembly on March 11.
He said the signature and name of a former director of forestry appeared on the licences issued in March, while the signature and name of the acting director appeared on those issued in April.
Ambushed by hidden words
"I am greatly disappointed that my queries on the licences were never answered," he said.
He was surprised when told that the answers were included in the text of winding up speech of Minister of Special Functions Adenan Satem.
Adenan, for whatever reasons, did not read the answers in the text of his winding up speech.
The text stated that timber licences were issued in accordance with the provisions of the Forests Ordinance (Cap 126).
"This issuance can be done at any time whether or not the term of the government of the day has expired.
"The authority to issue such licences is vested in the director of Forests pursuant to Sections 49, 50, 51, 58 and 59 of the Ordinance.
"Forest timber licence can be issued for gazette water catchment areas.
"However, the licencee is required to strictly observe all the conditions such as the requirement for EIA in accordance with the Natural Resource and Environment (Prescribed Activities) Order 1994," it read.
Whys, wherefores of licence issuing
"Forest timber licence can also be issued for NCR land provided that the NCR land owner himself applies for the licence.
"However, if there are lands subjected to NCR claims within the timber licence area, it is excluded by virtue of the Second Schedule of the timber licence.
"The onus is on the licensee to do a follow-up check with the Land and Survey Department to ensure that this NCR land is not encroached upon," he added in his text.
The followings are the licences issued to the logging companies after the dissolution of the state legislative assembly:
1. Timber Licence T/8487 issued on 21 March 2011 over the NCR Land at Lemanak Area, Lubok Antu, with a concession area of 3,281 ha;
2. Timber Licence T/8493 issued on 25 March 2011 over the State land at Batang Ai / Sg Engkari area within Batang Ai Catchment, with a concession area of 830 ha;
3. Timber Licence T/8492 issued on 25 March 2011 over the catchment area and NCR land measuring 2,250 ha adjoining T/8493;
4. Timber Licence T/3568 issued on 11 April 2011 over the Stateland at Sg Dangap/Sg Bian area in Pakan District, with a concession area of 3,367 ha; and,
5. Timber Licence T/8497 issued on 14 April 2011 over the Stateland between Sg Tu and Sg Sangang at the west side of Sg Sarawak Kiri, which is the Bengoh water catchment area, with a concession area of 2,612 ha.
"Then, we have T/8496, next to the Bengoh timber concession area covered under T/8497, T/3567 in Balai Ringin, T/3561 and T/3566 in Kanowit and T/9181 in Bakong," he said.
He had said that there were more timber licenses issued between the time when the previous State Assembly was dissolved on March 21, 2011 and polling on April 16, 2011.
"Besides the improper timing in the issuance of the timber licences, it is blatant contravention of our laws to issue timber concession licences over water catchment areas and known NCR lands," he had said in the state assembly.

