‘What licence are you talking about’: Malaysian campsite operators in the dark over licensing

KUALA LUMPUR: In the aftermath of the deadly Batang Kali landslide that has claimed at least 30 lives, questions are being raised about licensing approvals that are needed to run campsites in Malaysia. 

After the landslide in the early hours of Dec 16, Local Government Development Minister Nga Kor Ming had said that the operators of the Father’s Organic Farm in Batang Kali were permitted to open organic farms but had not put in an application to set up campsites.

Mr Nga said the campsite was operating without a licence from the Hulu Selangor district council, where the farm was located.

However, most campsite operators that CNA reached out to seem to be in the dark about licensing requirements to operate their businesses.

Some are also worried that the incident would affect their business in the long run but welcomed any guidelines or requirements that could ensure safety of campers. 

Mr Farizal Shaari, who is the owner of Greenstone camp in Padang Rengas, Perak said that while he has a business licence from the Companies Commission of Malaysia, he did not have any specific licence to operate the campsite.

He told CNA that the Ministry of Tourism and Culture had in the past directed him to the local council who then told him that his site was not in their jurisdiction. 

“Now, we are left hanging (after the incident). What licence are you talking about?,” he said, adding that they were operating as usual for now as they did not get any instructions to close.  

MOST CAMPSITES DO NOT HAVE LICENCE: OPERATORS 

Malaysiakini reported Father’s Organic Farm campsite spokesperson Frankie Tan as saying that various government entities, including the Agriculture Department, told them that there was no such licence the campsite operator could apply for.

“I once asked the officer if we need to apply for a campsite licence. The officer said there is no such thing as a permit because the campsite is not a permanent structure like a hotel, so there is no licence to apply for.

“It is not that we don’t want to apply but there is no way for us to apply for one,” he was quoted as saying by Malaysiakini. 

Mr Tan said he only started to provide camping services in 2017 following requests made by visitors.

When contacted by CNA, Mr Tan did not want to comment further on the issue.

Selangor's executive council member on tourism and the environment Hee Loy Sian was quoted by the Star as saying that the state had no specific guidelines to regulate campsites and they would work with the Tourism Ministry to draw them up.

A campsite owner in Batang Kali who did not want to be named also said that she did not have a licence for her operation which she closed in late November because of the monsoon season.

“I can tell you that most of the campsite operators here in Batang Kali don’t have any campsite licence. We are not aware of any such licence. Most of us have agricultural licences,” she said, adding that the landslide was unfortunate and had nothing to do with campsites.

There are several campsites in Hulu Selangor, which is known for its eco-tourism related activities. 

Batang Kali is a popular hilly area, located close to Genting Highlands.

In a statement on Tuesday (Dec 20), the Hulu Selangor District Council said that there was no specific licence for campsites but that it was the responsibility of any business operators to file an application with the local council and ensure their business is in line with the approved plans. 

In the case of camping activities, the council said that a private recreational centre licence could be considered, although it would be subject to the conditions of the planning permission approval.

“Since leisure activities including 'camping activities' are increasingly gaining a place among the community and have the potential to attract tourists, specific and clear policies need to be established to ensure that these activities can be carried out legally and in accordance with the standard operating procedures (SOP),” the council said.

WORRIED ABOUT BUSINESS 

Another campsite operator, who did not want to be identified, who just opened his camp this year but closed it for December due to the bad weather, said he was not aware of any licensing requirements but would find out about them now.

“The issue is very hot now so I might have to put on hold any plans to open. The loss of lives is very sad, but the incident could have happened anywhere. It will have an impact on the industry.

“If regulations mean proper risk management and enforcement, then it should be implemented,” he said, adding that there was a very huge demand for camping activities.  

The Forestry Department in several states ordered the closure of campsites considered as high risk, as well as hiking and off-road driving trails following the disaster.

“Sometimes, the decisions taken are a knee jerk reaction that doesn’t apply to everyone,” said the above camp operator. 

Mr Farizal, who has been operating Greenstone camp since Oct 2020, said that it would be good for the industry to have a licence to operate.

He believed that with a licence, there might be more enforcement to make sure the areas where the campsites located were safe.

“We will agree and adhere to any licensing requirements that they will want to enforce. We will follow. If there is a need to legalise or for an act to be enacted, we will support it. We also want our campers to be safe,” he said, adding that as an operator he took his own measures to ensure the safety of his campers.

When the landslide struck the campsite at around 2.40am last Friday, there were 94 people at the Father’s Organic Farm, authorities had earlier reported.

However, Selangor police chief Arjunaidi Mohamed on Thursday said that the number was revised down to 92 after several checks were made on the registered names provided by the farm. Sixty-one people are safe, at least 30 dead and one is still unaccounted for.

The authorities said that based on the initial investigation, an embankment of about 450,000 cubic metres of earth had collapsed, causing the earth to fall from an estimated height of 30m and covered an area of about 0.4 hectares.

Mr Arjunaidi had said that police had recorded statements from 53 people to assist in investigations, including the operator of the campsite. 

Landslides are common in Malaysia, but typically only after heavy rains. Flooding occurs often, with about 21,000 people displaced last year by torrential rain in seven states.