GEORGE TOWN: Penang should not proceed with a blanket adoption of the proposed National Forestry (Amendment) (Adoption) Bill 2026 without deeper constitutional scrutiny, says Gooi Hsiao Leong (PH-Bukit Tengah).
Gooi said the matter should be referred to the state assembly’s Standing Committee on the Constitution and the select committee on state-federal relations for detailed constitutional review and stakeholder consultation before any decision is made.
“Penang must continue protecting our forests, water catchment areas, hill lands and environmental heritage with the strongest commitment possible.
“However, environmental protection cannot become a justification for the gradual erosion of state constitutional autonomy,” he told a press conference at the state assembly on Wednesday.
Gooi said forestry and land matters fall under the State List in the Federal Constitution, and Parliament itself had recognised this through Article 76, which requires separate state adoption under Article 76(3).
“This means Penang is not constitutionally compelled to adopt the amendments wholesale.
“It is not compulsory for us to adopt the Act and at the state level we can still do our own,” he said.
“History has shown that centralisation rarely occurs suddenly.
“More often, it takes place gradually through administrative integration, operational dependency and expanding federal involvement.
“Once powers and operational functions migrate upward, they are seldom returned to the states,” he added.
Gooi said similar trends had been observed over time in areas such as local government administration, sewerage systems and water regulation.
He said amendments to the National Forestry Act 2022 would also significantly expand enforcement architecture and federal operational involvement in matters constitutionally belonging to the states, including broader search, seizure, detention and enforcement powers.
“We are not opposed to everything in the amendments. Some things may be good, some may not.
“All we are saying is that the Bill should first be referred to the relevant committees for proper study instead of being adopted wholesale,” he said.
Gooi cited Perak, which he said did not adopt the federal amendments wholesale and had excluded several provisions before adopting them.
“This demonstrates clearly that states are constitutionally entitled to negotiate, reserve, modify or reject provisions affecting state interests,” he said.
He said Penang should therefore not proceed with blanket adoption without deeper constitutional consideration and a comprehensive assessment.
“Protecting forests and protecting state rights are not contradictory objectives.
“Penang can and must achieve both,” he said.
Gooi was accompanied by members of the select committee on state-federal relations, namely Lee Khai Loon (PH-Machang Bubuk), Teh Lai Heng (PH-Komtar) and Connie Tan (PH-Seri Delima).
