KUALA LUMPUR: The National Resources and Environmental Sustainability Ministry is amending the Mineral Development Act 1994 to include functions related to the export and import of minerals.
The ministry said the amendment is expected to be completed by the fourth quarter of next year.
The ministry stated this in response to one of the Public Accounts Committee's (PAC) recommendations in its report on the ministry's forest management and environmental impact.
This statement is part of the PAC report on the ministry's follow-up actions regarding the recommendations on forest management and environmental impact, as published today.
In its July 11 report, PAC recommended that the ministry amend the act to allow enforcement against illegal mining, as legal action now applies only to lawful mining activities, while illegal mining falls under state government jurisdiction.
https://www.nst.com.my/news/nation/2024/07/1075127/pac-amend-mineral-dev...
The ministry had said that the National Land Code 1965 empowers state governments to manage and issue licences or land concessions for mining.
In this context, illegal mining can occur if activities are conducted without permission or a licence from the state government.
It said illegal mining is governed by other laws, such as the State Mineral Enactment under the Land and Mines Office of each state.
"Therefore, although JMG (Minerals and Geoscience Department) has technical expertise in mining and quarrying, it cannot supersede state jurisdiction.
"JMG only has authority to issue the Mining Approval Letter [Operation Mining Scheme (OMS)].
"Regarding policy coordination, this is carried out through the National Mineral Council and the National Land Council.
"However, the ministry is in the process of amending Act 525 (Mineral Development Act 1994) to include functions related to the export or import of minerals.
"The amendment is expected to be completed by the fourth quarter of 2025."
To this, PAC had called for monitoring and enforcement to be carried out more frequently and assertively by state authorities, together with enforcement agencies under the federal government, to tackle illegal mining.
It said the functions of the National Mineral Council and the National Land Council need to be strengthened.