50 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND The Sabah Inland Fisheries and Aquaculture Enactment 2003 4.68 Under Part V of the Enactment on Riverine Fishing and Fisheries, sections 35, 36 and 37 relate to Community Fisheries Management Zones. Section 35 allows for the declaration and recognition of indigenous system of resource management, while sections 36 and 37 create a new protocol by providing for the creation of a committee to administer such zones, and by introducing punishment related to the Community Fisheries Zone. The Sabah Forestry Development Authority Enactment 1981 4.69 The statute governs the Sabah Forestry Development Authority (SAFODA). According to section 24, one of the functions of SAFODA is to carry out any activities, which aims to develop lands which have had timber extracted from it.111 Under section 39, SAFODA may request the YDP to compulsorily acquire any land which is not State Land.112 SAFODA cannot sell, exchange, or dispose of this land unless with the written consent of the Minister.113 Section 40 the YDP may also transfer any State land to SAFODA.114 Under section 47, the statute confers SAFODA the same legal rights as a ‘native’.115 As such, SAFODA may deal with land that requires special native rights. The Sabah Rubber Industry Board Enactment 1981 4.70 The statute governs the Rubber Industry Board (formerly known as the Rubber Fund Board), which deals with the matters related to rubber in Sabah. Section 39 authorises the Board to request the YDP to compulsorily acquire any land which is not State Land116 for its use. The Board cannot sell, exchange, or dispose of this land unless with the written consent of the Minister.117 As for State Land, section 40 empowers the YDP to transfer any State land to the Board.118 The Sabah Land Development Board Enactment 1981 4.71 This statute governs the Sabah Land Development Board (SLDB). The duty of the Board, according to section 24, is to carry out development and settlement projects of land in the State.119 According to section 41, the Board may request the YDP to compulsorily acquire non-State Land if the Board feels they require the land.120 Via section 42, the YDP may at 111 s24(3) to carry out or supervise the development of suitable areas from which timber has been extracted and other suitable areas including planting or replanting 112 Where any immovable property, not being State land, is needed for the purposes of the Authority and cannot be acquired by agreement, the Authority may request and the Yang di-Pertua Negeri may, if he thinks fit, direct the acquisition of such property, 113 (2)(b) the Authority shall not, without the written consent of the Minister, sell, exchange or otherwise dispose of such land or any interest therein. 114 The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Government in the Authority where it appears desirable to do so to enable the Authority to carry out its duties and responsibilities. 115 For the purpose of any law relating to land the Authority may be deemed a Native. 116 Where any immovable property, not being State land, is needed for the purposes of the Board and cannot be acquired by agreement, the Board may request and the Yang di-Pertua Negeri may, if he thinks fit, direct the acquisition of such property, 117 (2)(b) the Board shall not, without the written consent of the Minister, sell, exchange or otherwise dispose of such land or any interest therein. 118 The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Government in the Board where it appears desirable to do so to enable the Board to carry out its duties and responsibilities. 119 It shall be the duty of the Board to promote and assist the investigation, formulation and carrying out of projects for the development and settlement of land in the State. 120 Where any immovable property, not being State land, is needed for the purposes of the Board and cannot be acquired by agreement, the Board may request and the Yang di-Pertua Negeri may, if he thinks fit, direct the acquisition of such property chapter 4_a4.indd 50 7/5/13 6:46 PM