N. Surendran cited Section 3(1) of the 1989 Enactment, saying as Pulau Kukup was now sultanate land, it cannot be gazetted into a national park.

“Only state-owned land can be gazetted as a National Park,” said Surendran, who heads rights group Lawyers for Liberty, which had earlier questioned the island’s national park status being changed to sultanate land.

“As such Pulau Kukup cannot be gazetted as a national park, because the Johor state government has also decided that it be held as ‘sultanate land’ under the 1934 Enactment,” he said.

Citing Section 2(1) of the 1934 Enactment, Surendran said sultanate land was not considered “the property of the state”.

He said as such, re-gazetting Pulau Kukup was possible only if the state took over the ownership of the land.

The Johor state government had recently assured that Pulau Kukup, located in the Pontian district, would remain a national park.

Menteri Besar Osman Sapian said the decision was endorsed by Sultan Ibrahim Sultan Iskandar.

Osman said the sultan had also decreed that the state would guard and manage Pulau Kukup under the Johor National Park Corporation.

He added the decision to de-gazette Pulau Kukup as a national park was made by the previous Barisan Nasional state government.

Rich in mangroves, the mostly uninhabited island has been a national park since 1997.

Following criticism over its change of status as sultanate land, Crown Prince Tunku Ismail Sultan Ibrahim defended the move, saying Pulau Kukup’s natural heritage would be better protected.

Tunku Ismail also urged the federal government to stay out of Johor’s affairs, drawing a response from Prime Minister Dr Mahathir Mohamad who said that Putrajaya was responsible for all of Malaysia.