Schedule
JADUAL KETIGA
[Peraturan 14]
PERAKUAN PEMBAHARUAN PENDAFTARAN
Ini adalah untuk memperakui bahawa ......................................................................................................
......................................................................................................................................................................................
daripada ...................................................................................................................................................................
didaftarkan sebagai—
Aktiviti
Kod kategori yang diluluskan
Pengeksport (T/E)
Pengimport (T/I)
Pembekal (T/S)
Pemeringkat (T/G)
Pemproses (T/P)
Pedagang (T/T)
Pengendali (T/O)
Pengendali Jeti (T/J)
No. Perakuan Pendaftaran: ..............................................................................................................................
Pendaftaran diperbaharui dari .................................. hingga .................................. tertakluk pada syarat di bawah subperaturan 12(2) Peraturan-Peraturan ini yang dilampirkan bersama-sama perakuan ini dan larangan yang dikenakan di bawah peraturan 14 dan 15
Peraturan-Peraturan ini.
Ketua Pengarah/Pegawai yang diberi kuasa
Lembaga Perindustrian Kayu Malaysia
P.U. (A) 297 13
Dibuat 13 Jun 2023
DATUK LARRY SNG WEI SHIEN
Pengerusi
Lembaga Perindustrian Kayu Malaysia
Diluluskan 31 Julai 2023
DATO' SRI HAJI FADILLAH BIN HAJI YUSOF
Menteri Perladangan dan Komoditi
P.U. (A) 297 14
MALAYSIAN TIMBER INDUSTRY BOARD (INCORPORATION) ACT 1973
MALAYSIAN TIMBER INDUSTRY BOARD
(INCORPORATION) (REGISTRATION) REGULATIONS 2023
IN exercise of the powers conferred by section 34(2)
of the Malaysian Timber Industry Board (Incorporation) Act 1973 [Act 105], the Board, with the approval of the Minister, makes the following regulations:
Citation and commencement 1.
(1)
These Regulations may be cited as the Malaysian Timber Industry Board
(Incorporation) (Registration) Regulations 2023.
(2)
These Regulations come into operation on 1 January 2024.
Application for registration 2.
(1)
Subject to the conditions under regulations 3, 4, 5, 6, 7 and 8, any application for registration to carry out an activity as an exporter, an importer, an operator, a supplier, a grader, a processor, a trader or a jetty operator under section 14 of the Act shall be made to the Board by writing or online in the form prescribed by the Board and shall be accompanied with the application fee as prescribed in the First Schedule.
(2)
Unless otherwise directed by the Board, the application for each activity referred to in subregulation (1) shall be made separately.
(3)
The Board may require the applicant to provide any document or additional information for the purpose of considering that application.
(4)
If any document or additional information as required under subregulation (3) is not submitted by the applicant within the time specified by the Board, the application shall be deemed to be withdrawn without prejudice to a new application made by the applicant.
P.U. (A) 297 15
(5)
The Board may approve or refuse the application after considering the application for registration under subregulation (1) and satisfied that the applicant has complied with all the conditions under regulations 3, 4, 5, 6, 7 and 8, as the case may be.
(6)
The Board shall notify in writing his decision to approve or refuse the application to the applicant within seven days from the date of the decision is made.
(7)
The application under subregulation (1) may be withdrawn at any time before the issuance of a certificate of registration, in which event the application fee payable under subregulation (1) will not be returned.
Conditions for application for registration as exporter 3.
The conditions for the application for registration as an exporter are as follows:
(a)
the applicant submits a copy of certificate of licence of a mill issued under any written law or if the applicant does not own a mill, a copy of an agreement of supply timber between the applicant and a supplier registered under the Act;
(b)
the applicant exports timber supplied by a supplier registered under the Act;
(c)
the applicant agrees to pay export cess according to the rates as prescribed in the cess order under section 20 of the Act; and
(d)
the applicant has a valid certificate of registration of business under the Registration of Business Act 1956 [Act 197], the Partnership Act 1961
[Act 135] or the Companies Act 2016 [Act 777].
P.U. (A) 297 16
Conditions for application for registration as importer 4.
The conditions for the application for registration as an importer are as follows:
(a)
the applicant is a timber importer listed under the First Schedule to the Act and the timber to be imported are licensed under the Customs (Prohibition of Import) Order 2017 [P.U. (A) 103/2017]; and
(b)
the applicant has a valid certificate of registration of business under the Registration of Business Act 1956, the Partnership Act 1961
or the Companies Act 2016.
Conditions for application for registration as supplier 5.
The conditions for the application for registration as a supplier are as follows:
(a)
the applicant submits a copy of licence relating to supply of timber issued under any written law;
(b)
the applicant supplies timber including sawn timber graded by a grader registered under the Act;
(c)
the timber supplied by an exporter or importer registered under the Act;
and
(d)
the applicant has a valid certificate of registration of business under the Registration of Business Act 1956, the Partnership Act 1961
or the Companies Act 2016.
Conditions for application for registration as processor 6.
The conditions for the application for registration as a processor are as follows:
(a)
the applicant submits a copy of a licence, certificate or an approval relating to processing of timber issued under any written law; and
P.U. (A) 297 17
(b)
the applicant has a valid certificate of registration of business under the Registration of Business Act 1956, the Partnership Act 1961
or the Companies Act 2016.
Conditions for application for registration as jetty operator 7.
The conditions for the application for registration as a jetty operator are as follows:
(a)
the applicant has obtained a licence as jetty operator issued by the Department of Marine Malaysia, Port Authority, Royal Malaysian
Customs Department or any State Government; and
(b)
the applicant has a valid certificate of registration of business under the Registration of Business Act 1956, the Partnership Act 1961
or the Companies Act 2016.
Conditions for application for registration as grader 8.
The condition for the application for registration as a grader is the applicant has a certificate of competency to grade sawn timber issued by the Board.
Certificate of registration 9.
(1)
The Board shall issue a certificate of registration for each application of registration approved in a form as prescribed in the Second Schedule.
(2)
The Board may impose conditions for the certificate of registration issued under subregulation (1).
Application for renewal of registration 10.
(1)
The Board may, on application made by an exporter, importer, operator, a supplier, grader, processor, trader or jetty operator, renew the registration issued under regulation 2.
P.U. (A) 297 18
(2)
The application for renewal of registration under subregulation (1)
shall be made before the expiry of the existing certificate of registration in writing or online and shall be accompanied with the renewal fee as prescribed in the First Schedule.
(3)
If the applicant fails to comply with subregulation (2), the Board shall refuse to proceed with the application for renewal of registration.
Approval of renewal of registration 11.
(1)
The Board may, after considering the application for renewal of registration under regulation 10, approve or refuse the application.
(2)
The Board shall notify in writing of its decision to approve or refuse the application for renewal of registration to the applicant within seven days from the decision is made.
Certificate of renewal of registration 12.
(1)
The Board shall issue a certificate of renewal of registration for each application of renewal of registration approved in a form as prescribed in the Third Schedule.
(2)
The Board may impose conditions for the certificate of renewal of registration issued under subregulation (1).
Certified copy of certificate of registration or certificate of renewal of registration 13.
(1)
Where a certificate of registration or certificate of renewal of registration is lost, destroyed or damaged, the holder of certificate of registration or certificate of renewal of registration may make an application in writing to the Board for a certified copy of the certificate of registration or certificate of renewal of registration and shall be accompanied with a fee as prescribed in the First Schedule.
P.U. (A) 297 19
(2)
The Board may issue a certified copy of the certificate of registration or certificate of renewal of registration if the Board is satisfied that the original certificate of registration or certificate of renewal of registration is lost, destroyed or damaged.
Prohibition of transfer or assign 14.
(1)
The certificate of registration or certificate of renewal of registration issued under regulation 9 or 12 shall not be transferred or assigned.
(2)
Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or to both.
Prohibition of forgery or modification 15.
(1)
The certificate of registration or renewal of registration issued under regulation 9 or 12 shall not be forged or modified.
(2)
Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or to both.
Fees 16.
(1)
The fees payable under these Regulations are as prescribed in the First Schedule and shall be paid to the Board in any manner as determined by the Board.
(2)
The fees received by the Board under these Regulations shall be paid into the Malaysian Timber Industry Board Fund.
(3)
Nothing from any part of the fees paid for the registration and renewal of registration may be refunded.
P.U. (A) 297 20
Notification of change of particulars 17.
(1)
Any person who has been registered to carry out an activity as an exporter, an importer, an operator, a supplier, a grader, a processor, a trader or a jetty operator shall, within fourteen working days from the occurrence of any material changes to particulars in any application or information submitted to the Board, submits to the Board the material changes to particulars in writing.
(2)
Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding two years or to both.
Revocation 18.
The Timber Industry (Registration) Rules 1991 [P.U. (A) 285/1991] is revoked.
Savings 19.
(1)
Any registration of an exporter, an importer, an operator, a supplier, a grader, a processor, a trader or a jetty operator under the revoked Rules and any condition and prohibition of such registration immediately before the coming into operation of these Regulations shall continue to have effect until the expiry of such period of registration.
(2)
All pending application of registration and renewal of registration before the Board under the revoked Rules shall, on the date of coming into operation of these
Regulations, be dealt with in accordance with these Regulations.
P.U. (A) 297 21
FIRST SCHEDULE
[Subregulations 2(1), 10(2), 13(1) and 16(1)]
FEE
No.
Description
Rate of fee per annum
(RM)
1.
Registration fee
(a)
Exporter 300.00
(b)
Importer 300.00
(c)
Supplier 300.00
(d)
Grader 50.00
(e)
Processor 300.00
(f)
Jetty Operator 300.00
(g)
Trader 50.00
(h)
Operator 50.00 2.
Renewal fee
(a)
Exporter 200.00
(b)
Importer 200.00
(c)
Supplier 200.00
(d)
Grader 50.00
(e)
Processor 200.00
(f)
Jetty Operator 200.00
(g)
Trader 50.00
(h)
Operator 50.00 3.
Certified copy of registration or renewal of registration fee
(if lost, destroyed or damaged)
50.00
P.U. (A) 297 22
SECOND SCHEDULE
[Regulation 11]
CERTIFICATE OF REGISTRATION
This is to certify that ............................................................................................................................................
.....................................................................................................................................................................................
from......................................... is registered as—
Activities
Registration number
Code of categories approved
Exporter (T/E)
Importer (T/I)
Supplier (T/S)
Grader (T/G)
Processor (T/P)
Trader (T/T)
Operator (T/O)
Jetty Operator (T/J)
under section 14 of the Malaysian Timber Industry Board (Incorporation) Act 1973
and in accordance with the Malaysian Timber Industry Board (Incorporation)
(Registration) Regulations 2023 from …………… until …………… subject to the conditions under subregulation 9(2) of these Regulations as attached to this certificate and the prohibitions imposed under regulations 14 and 15 of these Regulations.
Fees paid: ……………………………………………………………………………….....
Receipt number: ………………………………………………………………………..
Date: …………………………………………………………………...
Director General/Authorized officer
Malaysian Timber Industry Board
P.U. (A) 297 23
THIRD SCHEDULE
[Regulation 14]
CERTIFICATE OF RENEWAL OF REGISTRATION
This is to certify that …………………….…………..........................................................…...............................
from ......................................................................................................................……………………………………..
is registered as—
Activities
Code of categories approved
Exporter (T/E)
Importer (T/I)
Supplier (T/S)
Grader (T/G)
Processor (T/P)
Trader (T/T)
Operator (T/O)
Jetty operator (T/J)
Certificate of Registration No. : ………………………………………………………………………....................
Registration renewed from ................................................... until ................................................ subject to the conditions under subregulation 12(2) of these Regulations as attached to this certificate and the prohibitions imposed under regulations 14 and 15 of these
Regulations.
Director General/Authorized officer
Malaysian Timber Industry Board
P.U. (A) 297 24
Made 13 June 2023
DATUK LARRY SNG WEI SHIEN
Chairman
Malaysian Timber Industry Board
Approved 31 July 2023
DATO' SRI HAJI FADILLAH BIN HAJI YUSOF
Minister of Plantation and Commodities