By Lian Cheng
KUCHING, May 20: Padungan assembly Chong Chieng Jen (PH-DAP) calls on leniency towards rock transport offenders in Section 32AA of the Land Code (Amendment) Bill while Sentosa assembly Wilfred Yap (GPS-SUPP) argues that it is a proactive and necessary measure that reinforces Sarawak’s legal sovereignty and environmental stewardship.
The two held opposite views towards Section 32AA which prohibits any person from transporting rock materials beyond the State’s borders without a specific licence issued by the director of the Land and Survey Department.
Under the Bill, any person found transporting rock materials out of Sarawak without a valid licence, or in breach of licence conditions face a minimum fine of RM100,000, up to RM1 million, or imprisonment of up to five years or both.
Chong expressed agreement that rock extraction should be regulated from its natural habitat to its export points through licensing to properly manage the natural resources.
He pleaded leniency for those who transport or are found to be transporting illegal rocks from the quarry to the buyers.
His rational was that these transporters or lorry drivers, are mainly daily workers who own only one lorry. Should they be caught with transporting illegal rock materials, they will be presumed to have extracted or moving these materials with knowledge because they lack the bargaining power to demand for the show of permits from quarry owners or rock buyers, being at their mercy.
“Therefore, I plead leniency for this group of people, the transporters who are at the mercy of either the quarry owner or the buyer of the rocks when it comes to enforcement, so that they will not be excessively penalised, because most of them are daily workers, daily earners, and they cannot afford,” said Chong when debating the Land Code (Amendment) Bill 2025 tabled by Second Minister of Natural Resources and Urban Development at Sarawak Legislative Assembly here today.,
Meanwhile, Yap held that Section 32AA introduces a crucial safeguard by prohibiting the transportation of rock materials outside Sarawak without a valid licence. Without proper regulation, unlicensed extraction and transportation could lead to serious environmental degradation, including soil erosion, river siltation, and habitat destruction.
To him, this provision is fully in line with Sarawak’s constitutional right to manage and protect its natural resources. A robust licensing system not only ensures compliance with environmental, labour, and safety regulations but also secures rightful revenue for the State through royalties, taxes, and fees. Licensing enhances transparency, allows for effective monitoring, and deters illegal mining activities.
“I disagree with the observations of the member from Padungan pleading for leniency on behalf of offender transporters. The principles of natural justice are fundamental legal rules that ensure fairness in decision-making processes, especially when someone’s rights or interests are affected.
“For a person transporting rock materials (e.g., sand, gravel, stones), these principles apply in cases involving regulatory enforcement, licensing, penalties, or disputes. The key principles include: (1) Right to a Fair Hearing. (2) Opportunity to Respond.(3) Reasoned Decision – If penalized, the person must receive a written justification for the decision, citing legal grounds and facts. (4) Right to Appeal – They have the inherent right to challenge an adverse decision before a higher authority or court.
“The absence of such control risks irreversible damage to Sarawak’s ecosystem, the depletion of resources, and loss of state revenue. Section 32AA, therefore, is a proactive and necessary measure that reinforces Sarawak’s legal sovereignty and environmental stewardship,” said Yap. — DayakDaily
