KUALA LUMPUR: The Public Accounts Committee (PAC) has recommended that the Natural Resources and Environmental Sustainability Ministry amend the Mineral Development Act 1994 to enable enforcement against illegal mining.
This is because, under the act, legal action can only be taken against lawful mining activities, while illegal mining falls under the jurisdiction of the state governments.
PAC chairman Datuk Mas Ermieyati Samsudin said the ministry must present to the committee the findings of a non-radioactive rare earth elements (NR-REE) mining pilot project conducted in the permanent forest reserves (HSK), along with comprehensive details of the project.
"During the proceedings, PAC concluded that the estimated storage of NR-REE in Peninsular Malaysia is 16.2 million tonnes, valued at RM810 billion. However, NR-REE mining is prohibited within HSK.
"Therefore, a pilot NR-REE mining project was conducted outside HSK in Kenering, Perak. Subsequently, guidelines for NR-REE mining activities outside HSK were issued in December last year," she said in a statement today.
The recommendations were made by the committee after investigating the ministry's forest management and its environmental impact, based on findings from the Auditor General's Report 2022: Special Audit on Forest Management and Environmental Impact presented in Parliament on Nov 22 last year.
PAC also recommended that the ministry continued its efforts to secure commitments from state governments to reduce logging activities and prioritise ecotourism and carbon trading initiatives to mitigate negative impacts.
"The Forestry Departments of Peninsular Malaysia, Sabah and Sarawak, along with the state agencies involved in forestry and land management, need to enhance their monitoring and enforcement efforts, leveraging the latest technology.
"PAC was informed that issues such as landslides and forest encroachment stem from enforcement weaknesses at the state level. Amendments to the National Forestry Act 1984 have been made to address these concerns.
"Section 3A of the National Forestry Amendment Act 2022 allows state governments to authorise federal forestry officers in writing to enforce regulations. However, most state governments have yet to use the act."
Mas Ermieyati said the Public Service Department and state governments should conduct staffing requirement studies to ensure adequate human resources, in terms of numbers and skills, for consistent and effective monitoring and enforcement activities.
"The Natural Resources and Environmental Sustainability Ministry must also ensure the prompt delegation of responsibilities under the Environmental Quality Act 1974 to the Wildlife and National Parks Department. This will enable immediate implementation of Wildlife Management Plan compliance and enforcement to address human-wildlife conflicts."