(1.0) Introduction
Back in early 2020, somewhere in February the Selangor State Government is planning to degazette the Kuala Langat North Forest Reserve (KLNFR) area. The area is at the size of 958ha, which if the proposal were to proceed, it would diminish to a mere 28ha! That would account about 97% of the reduction.
Historically speaking, the forest is dated to be around 8000 years old, but now, it has truncated to only a small fraction. Even before Merdeka, the KLNFR was gazetted back in 1927 with 8000ha!
The purpose for the degazette was due to Selangor being among the top (or is) fastest developing region in Malaysia, with many commercial property developments such as the Saujana Putra, Gamuda Cove, the North-South Expressway Central Link (Elite) and the Bukit Cheeding tea plantation.
In correlation, the Selangor State Development Corporation (PKNS) decided to build a business park called the Selangor Business Capital, but did not explain whether it is to be built within or externally of the proposed area. They also denied that the rights of the Orang Asli would be affected.
(1.1) Fast-forward to 2021
The State Government switched their stance that instead of degazetting 97% of the KLFNR, they were to reduce it for about 54% of the proposed plan at around 536.7ha. Despite the Selangor State Government offered to have public hearings and postpone the degazettement, they continued with it as the State Government degazetted it as of 12th August 2021, Volume 74 No. 17 Article No. 1810 and Gazette Plan No. 3018.
(2.0) Legal Steps taken by Selangor
The Selangor State government defended their actions by relying on the following laws to legitimise their conducts;
According to the Public Inquiry (Selangor) Rules 2014 and the National Forestry Act (Adoption) Enactment 1985, they would have to institute a public hearing and exercise a placement of notice, which is compulsory before a forest reserve can be degazetted.
Therefore, the Langat MP in conjunction back in 2020 states that he would be convening with the Orang Asli (Temuan Natives), to collect their opinions and views, before reporting back to the Selangor Menteri Besar, since it was a state matter.
The State Government also warranted their actions by pledging to replace the degazetted area with another 1,177.31ha of reserve land. It would be slightly larger as compared to the degazetted area, which the new replacement consists of the Sungai Panjang Forest Reserve (308.6ha), the Sabak Bernam Forest Reserve (606.8ha) and the remaining hectares at Ampang Pechah forest in Hulu Selangor.
The replacement pledge is connected with section 12 of the National Forestry Act 1984 (NFA). The paragraph above was stated during the public hearing at the Amverton Resort on Pulau Carey, as of September 2020. They also mentioned that the government would be accepting objections, proposals in economic, social and environmental aspects.
As mentioned earlier, the State Government also legitimised themselves that degazette is allowed if, 'the forest reserves are required for high economic use' which is the commercial and housing development in the introduction segment of this article. This is in tandem with section 11(b) of the NFA.
Moreover, it was defended that developing the area could mitigate the risks of forest fires and degradation from sprawling to surrounding areas, as the forest had degraded by 40%.
(3.0) The environmental and social impacts
Firstly, the degazetting and the project if applied would cause grave consequences to the area's flora and faunas biodiversity. The area is an abode of critically endagered species such as the Meranti Bakau, Meranti Bunga, Panther, clouded leopard, dipterocarp forests, Malayan Sun Bear, Selangor Pygmy Flying Squirrel and the rare Langat Red Fighting Fish.
It also flourished with peatlands and swamps. If the proposed urbanisation is eventuated, it would contravene the Selangor Structure Plan 2035 to protect 32% of their forest reserves and the Kuala Langat Local Plan 2030.
Secondly, it would negatively affect the climate and surrounding environment. Peatlands with a 2-4m layer, a type of geographical land that contains 10 times the amount of carbon per hectare sequestration, in contrast to other tropical forests.
The development would trigger unintended results, which would release 5.5 million tonnes of carbon dioxide, which contributes to global warming and climate changes. Other sources claim it was 1.5 million tonnes instead.The forest reserve is important to minimise floods as well.
Developing the area could also expose the environment to the release of dangerous methane greenhouse gases.
Thirdly, the livelihoods and ancestral lands as well as their culture and heritage would be impeded by the proposed project, since 1886. There are around 2000 Temuan Natives living there in the forest reserve. Many of the Orang Asli in our country are under plight and were forced to be evicted from their homes. The forest is their source of sustenance for food, foraging, traditional medicines.
The villages that may be struggling with the development includes, Kampung Orang Asli Busut Baru, Kampung Pulau Kempas, Kampung Bukit Cheeding and Kampung Bukit Kemandol. The Temuan people have endured many tribulations, especially when they sacrificed their area back in 1993 to make room for the construction of the Kuala Lumpur International Airport in Sepang.
Even when the Selangor Government justified to develop the area because of forest fires, the Temuan people could still forage the forest for products and made re-planting trees initiatives, with aid from the State Forest Department, NGOs and other parties.
RM2.2 million were spent on infrastructure and fire prevention measures and it would be a deep mistake and huge waste of money if the project is to proceed and that all efforts were in vain.
Fourthly, it destroys Malaysia's commitment and ambitions toward several UN Conventions such as, the;
(i) United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),
(ii) United Nations Framework Convention on Climate Change (UNFCCC),
(iii) United Nations Convention on Biological Diversity (CBD) and;
(iv) United Nations Sustainable Development Goals (UNSDGs).
In Selangor itself, the size of forest reserves are at 31.74% as of 2019. If projects continue, how is Malaysia supposed to conform to our international commitment to the 1992 UN Rio Earth Summit to protect 50% of total land mass for natural forests.
(4.0) Conclusion
To conclude, on the 8th September, the PH Selangor chapter promised to have another meeting with the State Exectuive Council on 8th September 2021. However, we as society should continously participate in disseminating news and awareness as well as have civilised discussions on this issue as it reflects the overall general interest and rights of our people, our right to a healthy environment and the rights of our fellow Malaysians, the Temuan people.
(5.0) References;
Rajendra, E., & Ravindran, S. (February, 2020) Green lung under threat. Retrieved from, https://www.thestar.com.my/metro/metro-news/2020/02/18/green-lung-under-threat
Nadiah Zamlus. (September, 2020) Selangor govt to replace 1,177ha of land if Kuala Langat forest reserve degazetted. Retrieved from, https://selangorjournal.my/2020/09/selangor-govt-to-replace-1177ha-of-land-if-kuala-langat-forest-reserve-degazetted/
World Wildlife Fund. (September, 2021) MENGO Statement on the Degazettement of the Kuala Langat North Forest Reserve. Retrieved from, https://www.wwf.org.my/;/?29345/MENGO-Statement-on-the-Degazettement-of-the-Kuala-Langat-North-Forest-Reserve
Keertan Ayamany. (May, 2021) The how and why behind Selangor’s plan to degazette Kuala Langat North Forest Reserve. Retrieved from, https://www.malaymail.com/news/malaysia/2021/05/20/the-how-and-why-behind-selangors-plan-to-degazette-kuala-langat-north-fores/1975477
New Straits Times. (September, 2021) Selangor to resolve Kuala Langat North Forest Reserve degazettement issues. Retrieved from, https://www.nst.com.my/news/nation/2021/09/724003/selangor-resolve-kuala-langat-north-forest-reserve-degazettement-issues
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