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Historical and current legislations of Taman Negara National Park Peninsular Malaysia

The study was conducted to discuss the historical and current legislation pertaining to the establishment and administration of the Taman Negara National Park, Peninsular Malaysia. Established in 1938 and 1939 as King George V National Park, the park was named Taman Negara National Park after indepe...

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Main Authors: Hassan Zaki, Pakhriazad, Ismail, Mohd Hasmadi, H. M. K., Aida, Jusoff, Kamaruzaman
Format: Article
Language:English
Published: Canadian Center of Science and Education 2009
Online Access:http://psasir.upm.edu.my/id/eprint/15019/1/15019.pdf
http://psasir.upm.edu.my/id/eprint/15019/
http://www.ccsenet.org/journal/index.php/jpl/article/view/384
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spelling my.upm.eprints.150192020-07-24T01:42:40Z http://psasir.upm.edu.my/id/eprint/15019/ Historical and current legislations of Taman Negara National Park Peninsular Malaysia Hassan Zaki, Pakhriazad Ismail, Mohd Hasmadi H. M. K., Aida Jusoff, Kamaruzaman The study was conducted to discuss the historical and current legislation pertaining to the establishment and administration of the Taman Negara National Park, Peninsular Malaysia. Established in 1938 and 1939 as King George V National Park, the park was named Taman Negara National Park after independent in 1957. Estimated to be 130 million years old and with an area of 4,343 sq kilometers, the highest mountain in the peninsular, Gunung Tahan (2,187 meter) is allocated in the area. Taman Negara National Park is a combination of three protected areas in three states, Taman Negara Pahang National Park, Taman Negara Kelantan National Park and Taman Negara Terengganu National Park. Currently all the three states has its own legislation, namely Taman Negara Enactment (Pahang) No.2, 1939 [En.2 of 1938], Taman Negara Enactment (Kelantan) No.14, 1938 [En.14 of 1938] and Taman Negara Enactment (Terengganu) No.6, 1939 [En.6 of 1358]. In Malaysia, some laws are federal legislation. Others are state enactments. Not all legislation enacted will apply to the whole Peninsular, the state of Sabah and Sarawak. To provide for the establishment and control of National Parks and for matters connected herewith, the Federal National Parks Act (Act 226) was introduced in 1980. This federal act shall not apply to the three states. Since this is the constitutional position, constraints especially on uniformity of laws either to promote or enforced, particularly in respect matters stated and List 1 Federal List (Ninth Schedule of Article 74, 77 Legislative Lists), List II – State List (Article 95B (1) (a) and List III – Concurrent List (Article 95B (1) (b) often exists. Thus, there are some matters which the National Parks fall under the legislative authority of both the Federal and State Governments. However, forestry and land fall under the jurisdiction and legislative authority of the state in accordance with the Concurrent List of the Ninth Schedule. The areas of jurisdiction of Federal and State Governments as defined in the Constitution lead to non-uniform implementation of rules and regulations between states. The objective of this paper is to review the laws and legislation pertaining to the management of the National Park in Peninsular Malaysia. Specifically the constraints arises between the federal and states jurisdiction toward the management of land and conservation of the protected area. Canadian Center of Science and Education 2009 Article PeerReviewed text en http://psasir.upm.edu.my/id/eprint/15019/1/15019.pdf Hassan Zaki, Pakhriazad and Ismail, Mohd Hasmadi and H. M. K., Aida and Jusoff, Kamaruzaman (2009) Historical and current legislations of Taman Negara National Park Peninsular Malaysia. Journal of Politics and Law, 2 (1). pp. 44-49. ISSN 1913-9047; ESSN: 1913-9055 http://www.ccsenet.org/journal/index.php/jpl/article/view/384 10.5539/jpl.v2n1p44
institution Universiti Putra Malaysia
building UPM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Putra Malaysia
content_source UPM Institutional Repository
url_provider http://psasir.upm.edu.my/
language English
description The study was conducted to discuss the historical and current legislation pertaining to the establishment and administration of the Taman Negara National Park, Peninsular Malaysia. Established in 1938 and 1939 as King George V National Park, the park was named Taman Negara National Park after independent in 1957. Estimated to be 130 million years old and with an area of 4,343 sq kilometers, the highest mountain in the peninsular, Gunung Tahan (2,187 meter) is allocated in the area. Taman Negara National Park is a combination of three protected areas in three states, Taman Negara Pahang National Park, Taman Negara Kelantan National Park and Taman Negara Terengganu National Park. Currently all the three states has its own legislation, namely Taman Negara Enactment (Pahang) No.2, 1939 [En.2 of 1938], Taman Negara Enactment (Kelantan) No.14, 1938 [En.14 of 1938] and Taman Negara Enactment (Terengganu) No.6, 1939 [En.6 of 1358]. In Malaysia, some laws are federal legislation. Others are state enactments. Not all legislation enacted will apply to the whole Peninsular, the state of Sabah and Sarawak. To provide for the establishment and control of National Parks and for matters connected herewith, the Federal National Parks Act (Act 226) was introduced in 1980. This federal act shall not apply to the three states. Since this is the constitutional position, constraints especially on uniformity of laws either to promote or enforced, particularly in respect matters stated and List 1 Federal List (Ninth Schedule of Article 74, 77 Legislative Lists), List II – State List (Article 95B (1) (a) and List III – Concurrent List (Article 95B (1) (b) often exists. Thus, there are some matters which the National Parks fall under the legislative authority of both the Federal and State Governments. However, forestry and land fall under the jurisdiction and legislative authority of the state in accordance with the Concurrent List of the Ninth Schedule. The areas of jurisdiction of Federal and State Governments as defined in the Constitution lead to non-uniform implementation of rules and regulations between states. The objective of this paper is to review the laws and legislation pertaining to the management of the National Park in Peninsular Malaysia. Specifically the constraints arises between the federal and states jurisdiction toward the management of land and conservation of the protected area.
format Article
author Hassan Zaki, Pakhriazad
Ismail, Mohd Hasmadi
H. M. K., Aida
Jusoff, Kamaruzaman
spellingShingle Hassan Zaki, Pakhriazad
Ismail, Mohd Hasmadi
H. M. K., Aida
Jusoff, Kamaruzaman
Historical and current legislations of Taman Negara National Park Peninsular Malaysia
author_facet Hassan Zaki, Pakhriazad
Ismail, Mohd Hasmadi
H. M. K., Aida
Jusoff, Kamaruzaman
author_sort Hassan Zaki, Pakhriazad
title Historical and current legislations of Taman Negara National Park Peninsular Malaysia
title_short Historical and current legislations of Taman Negara National Park Peninsular Malaysia
title_full Historical and current legislations of Taman Negara National Park Peninsular Malaysia
title_fullStr Historical and current legislations of Taman Negara National Park Peninsular Malaysia
title_full_unstemmed Historical and current legislations of Taman Negara National Park Peninsular Malaysia
title_sort historical and current legislations of taman negara national park peninsular malaysia
publisher Canadian Center of Science and Education
publishDate 2009
url http://psasir.upm.edu.my/id/eprint/15019/1/15019.pdf
http://psasir.upm.edu.my/id/eprint/15019/
http://www.ccsenet.org/journal/index.php/jpl/article/view/384
_version_ 1674067948281528320
score 13.211869

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