Proposed Sarawak law sets RM1 million fine for rock smuggling

New Straits Times

20-05-2025

KUCHING: Anyone caught transporting rocks out of Sarawak without a valid licence from the Land and Survey Department could face a fine of up to RM1 million and a jail term, under proposed amendments to the Sarawak Land Code.
Deputy Premier Datuk Amar Awang Tengah Ali Hassan, who tabled the bill today, said the insertion of Section 32AA into the Land Code aims to close a regulatory gap.
The amendment proposes penalties ranging from a RM100,000 to RM1 million fine, up to five years' imprisonment, or both.
The bill is currently at the second reading stage in the state legislative assembly.
The original provision only prohibited the removal of rock materials without lawful authority.
"Where the original provision only prohibited the removal of rock materials without lawful authority, the amended section now also includes their extraction and transportation. This ensures that all stages of handling, from on-site removal to off-site transit, requires proper licensing," Awang Tengah, who is also the Second Minister for Natural Resources and Urban Development, said.
He added that the law, if passed, will have a new subsection that introduces a legal presumption of guilt for anyone found in possession of rock materials.
That, Awang Tengah said, makes enforcement more effective.
He said after the amendments, courts would be required to order a person convicted of the illegal removal of rock materials to pay the government a sum of at least 10 times the royalty or payments due, with amounts recoverable as civil debt.
Another key feature of the amendment is the introduction of a section which provides a formal mechanism for the registration of wakaf or religious endowment lands in the land registry.
This amendment empowers individuals and Majlis Islam Sarawak to apply for such registrations and extends similar provisions to other religions that have equivalent concepts.
Awang Tengah said the intent of the section "marks a progressive and inclusive step forward, reflecting Sarawak's commitment to safeguard the rich diversity of religious faiths within its multicultural society."
Awang Tengah said that to strengthen the state's enforcement capabilities, Section 209 has to be amended so as to "provide enhanced penalties for the unlawful occupation, cultivation, and clearing of state land."
Currently, the offence carries a penalty of up to RM500,000 in fines or a jail term of up to five years.
The same penalty applies to offences involving land subdivision and development without proper approval.
Under the proposed amendments, the fine could increase to RM3 million, with an additional daily penalty of RM5,000 for continuing offences.
Awang Tengah said amendments to the Land Code involve 24 sections, along with the introduction of three new sections, covering key areas of land management and land administration, legal interpretations, enforcement mechanisms, and digital transformation.
He said it was structured into four key categories, each addressing essential aspects of Sarawak's evolving governance framework.
"These categories include changes in functions, procedures, and work processes; updates to definitions and policies; enhancements to enforcement and compliance measures; and the integration of technological advancements to modernize land management and land administration."
The amendments, he added, also aim to streamline operations, simplify procedures, and standardise processes in alignment with digital service delivery initiatives aimed at supporting the Post Covid-19 Development Strategy 2030 (PCDS 2030) and the Sarawak Digital Economy Blueprint 2030.
"The provisions introduced through this Bill are intended to strengthen Sarawak's land governance framework by updating current administrative practices and clearer policy direction.