52 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND is only eligible for compensation133 for valuable trees and plants once, even though removal activities are done multiple times. Section 16 allows an executive officer to compel a land owner to construct bunds on land in drainage and irrigation areas134. Section 18135 prevents the use of water vessels in any land declared to be a drainage and irrigation area unless permission is given in writing by the Executive Officer. It also prevents any the placement of fishing traps. The Executive Officer can also close that area to prevent the removal of fish.136 The Sabah Wildlife Conservation Enactment 1997 and the Wildlife Regulation 1998 4.75 The Wildlife Conservation Enactment 1997 recognises community hunting areas (section 32) and honorary wildlife wardens (section 7) from the community. As in the all the other Ordinances and Enactments to reserve land for specific purposes, the Wildlife Conservation Enactment under section 9 outlines the necessity for a notice to explain the purpose and call for settlement of claims. Section 9(2)(c) in particular requires explanation of “native or traditional rights that will continue to be exercisable after the coming into effect of the declaration of the proposed sanctuary”. Section 9(2)(d) also requires a summary of representations made by communities likely to be affected. The Sabah Water Resources Enactment 1998 4.76 The Enactment recognises private water rights, which include the water rights of indigenous peoples. It takes into consideration the economic and social impact on the owner or occupier of the land when making a water resources management decision, implying the necessity to examine land ownership and occupation rights of indigenous peoples. A requirement for consultation also means that the Government is obliged to involve indigenous peoples in the management of catchment areas and water bodies. The process for, and right to, appeal are also stipulated in the law. (Section 16 on private rights to water States that the owner or occupier of land or premises may, free of charge and without requiring a licence under this Enactment, exercise a private right to take, use and control, sufficient for household and subsistence agricultural purposes.) The Sabah Biodiversity Enactment 2000 4.77 The law contains eight important sections that are relevant to indigenous peoples. Section 9(1)(j) of the Enactment provides for a system to ensure that the indigenous peoples and other local communities are, at all times and in perpetuity, the legitimate creators, users and custodians of traditional knowledge, and collectively benefit from the use of such 133 s15(3) In cases in which the Executive Officer requires the destruction of, or destroys, valuable trees or plants he shall, unless notice has been issued on a previous occasion under this subsection in respect of the land on which such trees or plants are growing, pay the owner or occupier reasonable compensation for the same;n cases in which the Executive Officer requires the destruction of, or destroys, (emphasis added) 134 The Executive Officer may, by notice in writing under his hand, require the owner or occupier of any land within such area to provide, either individually or jointly with other owners or occupiers, proper banks or bunds to specified levels and distribution or drainage channels for the supply, drainage, retention or exclusion of water: 135 (1) Any person who: (a) drives, draws or pushes, or causes to be driven, drawn or pushed, on the banks or sides of, or uses or causes to be used any boat, vessel, raft, float, timber or other material on any drainage or irrigation works without the written permission, which may be general or specific, of the Executive Officer; or (b) uses, sets or places any fish trap in any canal, watercourse, drain, ditch or pond within a drainage or irrigation area, shall be liable to imprisonment for one month and to a fine of one hundred ringgit. 136 (2) In respect of any drainage or irrigation works the Executive Officer may declare any part of such works to be a closed area and shall give public notice of such closure in such manner as the Chairman of the Committee for such drainage or irrigation area shall approve, and during the period of such closure any person who: (a) encroaches on or fishes or attempts to take fish out of a drainage or irrigation tank, canal, channel or watercourse; chapter 4_a4.indd 52 7/5/13 6:46 PM