Under the Malaysian Constitution land is defined as a state matter and is thus within the jurisdiction of the respective State Governments. As such, each State is empowered to enact laws on forestry and to formulate forest policy independently. The executive authority of the Federal Government only extends to the provision of advice and technical assistance to the States, training and the conduct of research and maintenance of experimental and demonstration stations.
In order to facilitate the adoption of a coordinated and common approach to forestry, the National Forestry Council (NFC) was established on 20th December, 1971 by the National Land Council (NLC). The NLC is empowered under the Malaysian Constitution to formulate a national policy for the promotion and control of the utilisation of land for mining, agriculture and forestry. However during the 47th session of NLC at the end of 1992, it was decided that matters pertaining to forestry will be discussed directly by the NLC.
In 1977, the National Forestry Policy was accepted by the NFC and later endorsed by the NLC on 19th April, 1978. The acceptance of this Policy is a major breakthrough to strengthen the institutional base and enhances the co-operation and understanding between the Federal and State Governments in the field of forestry sector development consistent with progress and aspirations of the nation as a whole. The salient points of the National Forestry Policy are as follows:
· To dedicate as Permanent Forest Estate (PFE) sufficient areas of land strategically located throughout the country, in accordance with the concept of rational land use.
· To manage the PFE with the objective of maximising social, economic and environmental benefits for the nation and its people in accordance with the principles of sound forest management.
· To pursue a sound programme of forest development through regeneration and rehabilitation operations in accordance with approved silvicultural practices in order to achieve maximum productivity from the PFE.
· To ensure thorough and efficient utilisation of forest resources on land not included in the PFE, prior to the alienation of such land, by means of proper coordinated planning by land development agencies in order to obtain maximum benefits for the people through complete harvesting and processing of such resources, adhering strictly to the optimum need of local processing industries.
· To promote efficient harvesting and utilisation of all forms of forest produce and to stimulate the development of appropriate wood-based industries with determined capacities commensurate with the resource flow in order to achieve maximum resource utilisation, create employment opportunities and earn foreign exchange.
· To ensure the sound development of trade and commerce and to promote the exportation of forest products.
· To promote effective Bumiputera participation in forest and wood-based industries consistent with Government policy.
· To undertake and support an intensive research programme in forest development aimed at achieving maximum yield from PFE, maximum direct and indirect benefits from harvesting and utilisation and above all maximum financial return on investment in forest development activities.
· To undertake and support a comprehensive programme of forestry training at all levels in the public sector in order to ensure an adequate supply of trained manpower to meet the requirements of forestry and the wood-based industries.
· To encourage private sector's involvement in forestry research and training at all levels with a view to accelerate industrial development and enhance the quality of professionalism in forestry and forest industrial practices.
· To foster by education and publicity, a better understanding among the community of the multiple values of forest to them and their descendants.
· To foster close cooperation among all in order to achieve optimum utilisation of the valuable natural resources of the country.
Each State has its own forest Enactment and Rules for the administration of its forests. Most of these enactment and rules were adopted by the States in the early 1930's. In terms of concept and objectives the various "State Forest Enactment and Rules" had limited scope and depth to meet present day needs. These forest laws were deficient; weak in areas of forest management planning and forest renewal operations which are vital for sustained yield. Realising these shortcomings, the NFC agreed that the State Forest Enactment be reviewed, updated and uniformised to streamline forest administration and forestry sector development in the country. Hence, the National Forestry Act (NFA) and the Wood-based Industries (State Legislature) Act, which were accepted by the NFC in March 1984 and later endorsed by the NLC in September, were passed by the Malaysian Parliament on 17th October of the same year. Both these Acts would enable the effective implementation of the National Forestry Policy as they were formulated to uniformise and update the various State Forest Enactment.
In the light of current issues and the developments within the context of national aspirations, the NFC, in its 11th conference on August 25, 1992, has revised the National Forestry Policy in 1992 to take into consideration the importance of biological diversity conservation and the sustainable utilisation of genetic resources, as well as the role of local communities in forest development. In addition, the National Forestry Act, 1984 was also amended in 1993 to further strengthen its provisions to curb illegal encroachment of forest areas and timber theft.
Administratively, the Forestry Departments at both the federal and state levels are responsible for the management and planning of forest resources in Malaysia. In this context, the Forest Department Headquarters in Kuala Lumpur is responsible for forestry sector planning, forest management, development and forest operation research, provision of technical advice and services, and staff training in Peninsular Malaysia while the various State Forestry Departments, including those of Sabah and Sarawak, are responsible for administration, management and development of the forest resources, regulation of forest exploitation, forest revenue collection and for planning and coordination of the development of the wood-based industries in the States.
There are a number of complementary agencies to the Forestry Departments, specialising in specific areas of forestry research, trade regulations and promotions. The Malaysian Timber Industry Board (MTIB) is responsible for initiating appropriate development in the various sectors of the timber industry and for providing the necessary assistance to ensure its continued growth as a modern and thriving sector of the economy. The Forest Research Institute of Malaysia (FRIM) which was established as a statutory body in 1985 is responsible for the implementation of research in all aspects of forestry and forest products. The University Putra Malaysia (UPM) plays a training role by producing professional and semi professional foresters needed by the forestry institutions since 1972. The Malaysian Timber Council (MTC) is the most recent forestry institution in the country. It was officially launched by the Minister of Primary Industries, Malaysia, in January 1992 and is committed to address issues on log supply situation in Peninsular Malaysia, promote timber trade, promote and participate in commercial forest plantation and address issues/undertake projects of importance to the timber industry.
The Forest Departments, MTIB and FRIM are responsible to and are closely monitored and coordinated by the Ministry of Primary Industries, Malaysia. The Forest Department sits on both boards of Directors of MTIB and FRIM. Although UPM is under the Ministry of Education, it has established a close working relationship with the forestry institutions.