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Too many defects in the Nature Conservation Agreement
Published on: Thursday, February 29, 2024
By: David Thien
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Fuad opined that incidentally the NCA has also provided a lens into the substance and character of the State Attorney-General who, in not so sotto voce, has spoken truth to power.
Kota Kinabalu: The delay in the implementation of the Nature Conservation Agreement (NCA) is due to legal and technical defects in the wording of the agreement itself that are contrary to public policy and local laws, said Tengku Datuk Ahmad Fuad, the State Government’s Legal Advisor.
He said it was not the fault of the State Attorney-General or Sabah Forestry Department.
“The NCA, signed on Oct 28, 2021, is problematic and ought to be either substantially reconsidered or set aside entirely.
“As a document, the NCA was clumsily and loosely drafted. It contains terms which are clearly unlawful or unenforceable, e.g. a prohibition against the Sabah Legislative Assembly from making laws affecting the terms of the NCA.
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