SAHABAT Alam Malaysia (SAM) urges the Natural Resources, Environment and Climate Change Ministry to ensure that the Kedah government does not approve the mining of non-radioactive rare earth element (NR-REE) mineral resources in Bukit Enggang Forest Reserve in Sik, Kedah.

Although article 74(2) of the Federal Constitution, read together with List II in the Ninth Schedule of the Constitution provides that forests are under state jurisdiction, Putrajaya can advise the state that all policies, rulings, and commitments related to forests decided at the federal level are applied at the state level.

The ministry’s statement, reported in a local daily on March 22, said the Kedah government has done nothing wrong and has the right to approve the exploration of NR-REE mineral resources in the forest reserve, is of concern to us.

According to section 2, National Forestry Act (Adoption) Enactment 1985, the same section of the National Forestry Act 1984 (Act 313) as well as the decision made in the Special Task Force Meeting to Study the Effects of Lanthanum Production in Permanent Reserved Forests on Forest Stands No. 1/2020 on September 2 and 3, 2020 it is confirmed that REE mineral resources are not included in the interpretation of forest products.

Therefore, it is clear that if the state government intends to approve REE mineral resource mining activities at the forest reserve, it would be an offence, in addition to not being in line with the minister’s March 22 regarding one of Malaysia’s commitments to managing forests sustainably, which is not to issue an “Operational Mining Scheme” for the purpose of mining activities in permanent forest reserves, protected areas and environmentally sensitive areas.

SAM also reiterates the state must heed the decision by the National Land Council (NLC) during the 70th NLC Meeting in 2014 for all state governments to be proactive in controlling or as far as possible not approve mining and quarrying activities in permanent forest reserves.

Such activities will disrupt the forest biodiversity and its functions and will affect Malaysia’s achievement of sustainable forest management, which is the core of our national forest management. 

SAM hopes that the minister and the ministry will advise the state government not to approve the mining of NR-REE mineral resources at the forest reserve. – April 4, 2023.

* Meenakshi Raman is president of Sahabat Alam Malaysia, an environmental advocacy group.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.