ENVIRONMENT groups are questioning the validity of Pulau Kukup’s transfer from being a national park to crown land, saying that the state enactment used to make the transfer could be superseded by the federal constitution.

The status of Pulau Kukup has been a hot-button issue following Johor’s decision to de-gazette the island as a national park and re-designate it as “sultanate land” under the Sultanate Land Enactment 1934, handing over the island to the sultan of Johor.

“Lawyers should be consulted to look into the validity of that enactment, whether or not it contradicts the federal constitution as it is a law from 1934, which predates Merdeka,” said Surin Suksuwan, a member of the International Union for Conservation of Nature (IUCN) world commission on protected areas.

There should have been public consultation over the de-gazetting and transfer of the island which is known for its mangroves, he said.

“It is a matter of public interest because national parks are of national interest.

“It is far off the mark when Johor Crown Prince Tunku Ismail Sultan Ibrahim said outsiders need not interfere in the matter.

“There should have been some public consultation with the people of Johor on whether they agree with the gazetting or not. Although the current legal process doesn’t say anything, you can still consult the people.”

Tunku Ismail on Sunday ticked off Water, Land and Natural Resources Minister Dr Xavier Jayakumar for urging the mangrove island to remain as a national park and said his father, the sultan, had already consented to let the island remain as a national park while keeping its title as sultanate land.

The crown prince also told “outsiders” not to meddle with matters related to Johor.

Prime Minister Dr Mahathir Mohamad said yesterday the island should retain its national-park status and hoped the Johor government will accept the federal government’s decision.

“That is the stance of federal government. I hope Johor will accept. Pulau Kukup should not be developed. It should remain as a forest reserve, particularly as it is a special mangrove forest,” Dr Mahathir said.

“We don’t want the mangrove forest to be cut down in order to develop the island,” Dr Mahathir was reported as saying after an event in Putrajaya.

Surin said he agreed with Dr Mahathir that the issue was a matter of interest to the Malaysian public and not just Johor folk. 

“Under the federal constitution, national parks fall under the Concurrent List which means that they come under the purview of both the federal and state governments. So it is not accurate to say that it is a matter for Johoreans only.”

He added that crown lands in the UK and in some Commonwealth countries may have started as land belonging to the monarch but are now managed as public land.

“In other words, it is not for the monarch to do as he or she likes. In the UK, profits from crown estates are surrendered to the British parliament.

“Park lands such as Hyde Park are not the same as national parks. The former is mainly for recreation while national parks are mainly for biodiversity conservation.”

He cited the Royal Belum state park in Perak as an example of a protected state park under the Perak State Parks Corporation Enactment but with a royal status.

On the other hand, he said Pulau Kukup has been de-gazetted from its protection status as a national park and the Johor National Parks Corporation Enactment can no longer be enforced within the island as it is now a sultanate land.

The Association for the Protection of the Natural Heritage of Malaysia (Peka), meanwhile, said all remaining forested areas should ideally be protected as national parks if the Pakatan Harapan government is committed to environmental protection.

“Malaysia Baru demands real promises from the PH government and not merely political rhetoric,” said Peka secretary-general Rahman Hamid. – December 11, 2018.