Background
- after it has negotiated an agreement in respect thereof; or
- in such other manner or by such other process as it may deem fit in the circumstances of any particular case.
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“forest produce” includes:
- the following when found in or brought from a permanent reserved forest: Guano, peat, rock, sea-sand, sea-shells, shell-sand and surface soil;
- the following when found in or brought from a permanent reserved forest or State Land;
- trees and all parts or produce not hereinafter mentioned of trees;
- including climbers, creepers and grasses, and all parts or produce of such plants;
- silk, cocoons, honey and wax and edible bird's nest;;
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The following whether found in or brought from the permanent reserved forest, State Land, mining land, reserved land or alienated land: timber, fuelwood, charcoal, rubber, getah taban leaves, wood oil, bark, extracts of bark, damar and attap.License is required to extract any forest products from the Permanent Forest Reserve or State Land.
- “major forest produce" are round timber, poles, fuelwood, charcoal, and all types of rattan.
- "minor forest product" shall compromise all other forest produce not included as major forest produce.
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Minor licences are required for extracting any major forest produce which do not exceed 70 cubic meters or any other minor forest produce from any of Permanent Forest Reserve or State Land.
Objectives
- To determine the production of forest produce from the Permanent Forest Reserve or State land implemented accordingly to the National Forestry Act 1984.
- To determine the production of forest produce in the Permanent Forest Reserve according to the "Sustainable Forest Management" principles with minimal damage to the environment.
- To determine the production of forest produce which provide an optimal return to the State Government.
Basic Requirements for Application
- Applications for license to extract forest produce is open to all, however, in some states the application is only open to loggers registered with the State Forestry Department.
- For license issued through tender process, the tender is open to loggers registered with the State Forestry Department. In certain circumstances, the tender is open specifically only to certain party such as of forest mill owners or Bumiputera.
- For concession areas, license would only be considered for concession holders in accordance with the agreement.
Customer Charter
Applications for harvesting forest produce will be processed in accordance with authorized procedures; and
License to harvest forest produce will be processed and issued after all the conditions have been complied within the time period not exceeding twelve (12) months from the date of approval.
Responsible Officer
Officers responsible of issuing and signing the license at the State Forestry Department are:-
- State Director of Forestry; and
- District Forest Officers.
Function of State Forestry Department
State Forestry Department is responsible for :
- advising the State Authority in the administration of forest resources for optimum revenue;
- acting as agency implementing policies and enforcement of forestry laws; and
- managing forest resources in line with sustainable forest management concept.
In particular, the functions of the State Forestry Department are as follows :
- Administration Division is responsible for the administrative aspects, services and financial management;;
- Revenue Division is responsible for the aspects which includes premium revenue, royalties, forestry development cess and charges as well as the shuttle report;
- Operation Division involve in licensing of forest harvesting area and timber industry as well as law enforcement; and
- Forest Development Division is responsible for planning and implementing forest development projects and controlling the cost effectiveness.
Organization Chart
Flowchart For Approval
Flow Chart For Approval To Take Forest Products Through Tender Process
Flow Chart For Approval To Take Forest Products Through Concession Grants
Flow Chart For Approval To Take Forest Products Through Application
Work Process of Licence Processes
Work Process for Approval to Take Forest Produce through Tender
Step | Work Process |
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1a & 1b | State Director of Forestry prepares map and tender documents. |
2 |
State Director of Forestry will put a notice for tender after the boundary area on the site is ready. The party that took part in the tender shall: -
|
3 | Close the tender. |
4 | Tender forms will be brought for consideration by the State Tender Evaluation Committee for a decision. |
Work Process for the Approval to Take Forest Produce in Concession Area
Step | Work Process |
---|---|
1 | State Director of Forestry prepares the concession plan. |
2 |
State Director of Forestry submits working paper to the State Authority on the propose concession agreement that to be signed with the concern party. |
3 | Approval by State Authority. |
4 | State Director of Forestry prepares the agreement documents including map of the concession area and proposed annual coupe for harvesting. |
5 | Agreement’s document will be submitted and verified by State Legal Adviser. |
6 | State Director of Forestry will make amendments proposed by State Legal Adviser if necessary. |
7 | State Government and concessionaire sign the agreement’s document of the concession area. |
8 | State Director of Forestry issues letter of approval to the concessionaire on the application in accordance with fixed annual coupe. |
Work Process for Approvals to Take Forest Produce through Forest Concession Area
Step | Work Process |
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1 | District Forest Officer receives application inclusive with the map to harvest timber from an individual or company. |
2 |
State Director of Forestry may also receive the applications. |
3 | State Forestry Director requests report of the applied area from District Forest Officer. |
4 | District Forest Officer requests Forest Ranger to visit and prepare a report on the applied area whether application received directly or from the State Director of Forestry. |
5 | District Forest Officer will prepare a report base on the assessment and recommendation from the Forest Ranger. |
6 | State Director of Forestry receives the report from the District Forest Officer. |
7 | State Director of Forestry will forward the application of the State Authority consideration. |
8 | State Authority makes decision. |
9 | State Director of Forestry issues letter of approval to the successful applicant and instructing mode of payment required. Unsuccessful applicants will also be notified by State Director of Forestry. |
Licensing Process Flowchart
Flow Chart of Timber Licence Processes in Permanent Reserved Forest (Form 1 – Licence to Take Forest Produce, National Forestry Act 1984)
Flowchart of the Process of Issuance of License to Extract Forest Products (Logs and Other Major Forest Products) from Government Land (License Form 1 National Forestry Act 1984)
Flowchart of the Process of Issuance of a Small License to Produce Major Forest Products Not Exceeding 70 Meters or Small Forest Products (Form 3 License, National Forestry Act 1984)
Work Process of Licence Processes
Work Process of Timber Licence Processes in Permanent Reserved Forest (Form 1 – Licence to take Forest Produce, National Forestry Act 1984)
Step | Work Process |
---|---|
1 | State Director of Forestry receives payment from future Licensee. The licence fees includes:
|
2 | State Director of Forestry instructs District Forest Officer to prepare licence (Form 1). |
3 | District Forest Officer instructs Forest Ranger to clear, mark and certified the licence area, demarcation harvesting block, and to prepare Clearing and Boundary Verification Certificate. |
4 | Forest Ranger submits the certificate to District Forest Officer. |
5 | District Forest Officer verifies the certificate. |
6 | Corrections need to be made if necessary. |
7 | District Forest Officer will distribute the format of Forest Management Plan (FMP) to the future Licensee to be prepared if the certificate is complete. |
7a | District Forest Officer will supplies information needed by the future Licensee in order to prepare a part of the FMP |
8 | District Forest Officer will start preparing the licence documents |
9a & 9b | District Forest Officer will determine the alignment of the Main and Secondary Roads, log yards and worker’s quarters. |
10 | Forest Ranger will determine whether there is a need to fell trees for preparing forest roads, sites for log yards and worker’s quarters. |
11 | JForest Ranger will start marking trees for the forest roads, log yards and worker’s quarters and conduct assessment for compensation to be imposed if trees need to be felled. |
12 | District Forest Officer receives the FMP from the future Licensee. |
13 | District Forest Officer verifies the FMP. |
14 | Corrections need to be made if necessary. |
15 | District Forest Officer will give his comment/view and sign the FMP if the FMP is completed. |
16 | Licence prepared by the District Forest Officer will be signed together with the Licensee, contractor and foreman. |
17 | Forest Ranger will submit report on the assessment and compensation for the forest roads, log yards and worker’s quarters to the District Forest Officer. |
18 | District Forest Officer instructs the Licensee to make payments that has been determined. |
19 | District Forest Officer receives payment from the Licensee. |
20 | District Forest Officer prepares the Road Permit and Use Permit for log yards and worker’s quarters |
21 | District Forest Officer signs the Road Permit. |
22 | District Forest Officer and Licensee signs the Use Permit for log yards and worker’s quarters. Concurrently done with process number 16. |
23 | District Forest Officer submits the FMP, licence documents, Road Permit, and Use Permit to State Director of Forestry. |
24 | State Director of Forestry receives and verified the FMP, licence documents, Road Permit, and Use Permit. |
25 | Corrections need to be made if necessary. |
26 | State Director of Forestry will register and signs the documents if completed. |
27 | State Director of Forestry will submit copies of the documents to the District Forest Officer for distribution to the Licensee and the parties concerned. |
Work Process for Licence to Take Forest Produce (Timber and Other Major Forest Produce) the State Land (Form 1 – Licence to take Forest Produce, National Forestry Act 1984)
Step | Work Process |
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1 | State Director of Forestry received payment from Licensee. The licence fees include :-
|
2 | State Director of Forestry instructs the District Forest Officer to prepare the licence after payment is received. |
3 | District Forest Officer instructs Forest Ranger to clear, mark and certified the licence area, demarcation harvesting block, and to prepare Clearing and Boundary Verification Certificate. |
4 | Forest Ranger submits Clearing and Boundary Verification Certificate to District Forest Officer. |
5 | District Forest Officer verifies the certificate. |
6 | Corrections need to be made if necessary. |
7 | District Forest Officer will prepare the licence documents if the certificate is completed. |
8 | District Forest Officer, Licensee, contractors and foreman signs the licence. |
9 | District Forest Officer submits the documents to State Director of Forestry |
10 | State Director of Forestry receives and verifies the documents. |
11 | State Director of Forestry registered and signed the documents. |
Work Process To Issuance Of Minor Licence to Take Major Forest Produce Not Exceeding 70 Cubic Meters Or Any Minor Forest Produce (Form 3- Minor Licence, National Forestry Act 1984)
Step | Work Process |
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1 | State Director of Forestry receives payment from the Licensee. The licence fees include :-
|
2 | State Director of Forestry instructs District Forest Officer to prepare Form 3 licence in accordance of the National Forestry Act 1984. |
3 | District Forest Officer instructs Forest Ranger to clear, mark and certified the licence area, and to prepare Clearing and Boundary Verification Certificate. |
4 | Forest Ranger submits Clearing and Boundary Verification Certificate. |
5 | District Forest Officer verifies the certificate. |
6 | Corrections need to be made if necessary. |
7 | District Forest Officer will prepare the licence documents if the certificate is complete. |
8 | District Forest Officer and Licensee signs the licence. |
9 | District Forest Officer submits the licence documents to State Director of Forestry. |
10 | State Director of Forestry receives and verifies the licence documents. |
11 | State Director of Forestry registers and signs the licence. |
12 | State Director of Forestry submits copies of the licence to the District Forest Officer for distribution to the Licensee and the parties concern. |
Abbreviation
SDF: State Director of Forestry
DFO: District Forest Officer
LC: Licensee
FR:Forest Ranger