What legal risk does MBSA face if SACF was not degazetted properly?

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MBSA Faces Legal Risks if Bukit Cerakah Forest Reserve Was Not Properly Degazetted

The Shah Alam City Council (MBSA) faces significant legal challenges if the Bukit Cerakah Forest Reserve (SACF) has not been lawfully degazetted. According to existing Selangor state forestry laws, any development on the land would be considered unlawful without proper procedures, including mandatory public consultation, being followed. This legal uncertainty stems from a lack of clarity regarding the forest's current status, with authorities unable to definitively confirm its degazettement.
Lack of Clarity on Degazettement Procedures

During a public hearing concerning proposed developments, including a road and a cemetery on the SACF land, representatives from the Pejabat Tanah Petaling could not provide a clear explanation of the forest's legal status. Furthermore, the Selangor Forestry Department (JPNS) was absent from this crucial hearing. This absence and the inability of other officials to clarify the situation raise serious questions about whether the necessary legal steps for degazettement were ever completed.
Evidence Suggests Forest Remains Under Reserve Status

A study commissioned by the SACF Society, with input from legal and forestry experts, concluded that the Bukit Cerakah Forest Reserve remains part of the state's forested land and has not been formally excised by the Selangor state government. This finding indicates that, under current legislation, the area should still be classified as a Permanent Forest Reserve (Hutan Simpanan Kekal). Developing such a reserve necessitates a formal process of public consultation to alter its designated status.
Objections and Unanswered Claims

The MBSA received a substantial number of objections regarding the proposed developments, with 718 objections for the road project and 195 for the cemetery. The SACF Society's lawyers submitted a letter detailing their findings to the Selangor State Secretary and the Selangor Forestry Department in November 2020. To date, neither of these state bodies has provided a response to refute the society's claims that the forest has not been lawfully degazetted.

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What legal risk does MBSA face if SACF was not degazetted properly?

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