LAND CODE - Sarawak

1 LAWS OF Sarawak ONLINE VERSION land code CHAPTER 81 (1958 EDITION) Incorporating all amendments up to 31st December, 2019 Compiled by STATE ATTORNEY-GENERAL S CHAMBERS PETRA JAYA, KUCHING 1 land code CHAPTER 81 (1958 EDITION) _____ ARRANGEMENT OF SECTIONS _____ PART I SHORT TITLE, INTERPRETATION AND ADMINISTRATION Section 1. Short title 2. Interpretation 3(1). Administration 3(1A). Direction of the Minister PART II land CLASSIFICATION AND DIVISION 4. Power to constitute new areas of Mixed Zone, Native or Interior Area land and consequential provisions 5.

2 Native customary rights 6. Native Communal Reserves 6A. Native territorial domain 7. Government Reserves 8. Illegal for non-native to acquire rights or privileges over land of certain classes 9. Acquisition of land by non-natives 10. Occupation of different classes of land 11. Director may classify land and resolve doubts as to classification of any particular area of land 2 CAP. 81 (1958 ED.) PART III STATE land AND THE ALIENATION THEREOF Section 12. Property in and control of State lands and waterways 13. Discretion to alienate 13A. No acquisition of land by foreigners 13B.

3 No acquisition of land by foreigners without consent of Minister 13C. Prohibitions and restrictions against foreigners to acquire land by way of transfer, sublease, transmission and dealings with land other than a charge 13D. Sections 13A, 13B and 13C not applicable to interest acquired before the commencement of the land code (Amendment) Ordinance, 1974 and to the Federal and State Governments and statutory bodies 13E. Foreign investment in special development area 13F. Penalties for dealing in contravention of sections 13A, 13B, 13C and 13E 14. [Repealed by Ord. No. 18/71] 15. Protection of native customary rights 15A.

4 Alienation of land surrendered, reverted or resumed to the Government 16. Special condition in relation to alienation of town building lots 17. Reversion to Government of unimproved suburban land 17A. Penalties in respect of offences under section 16 or 17 18. Grants to natives 18A. Issue of leases in Development Areas 19. Prohibition against the owning of more than 5,000 acres 20. Form of grant and lease land code 3 Section 21. [Repealed by Ord. No. 18/71] 22. Rent for land 23. Liability for rent 24. Payment of annual rent and premium 25. Sub-division 26. Renewals 27. No compensation for improvements 28.

5 Survey required before alienation 29. Temporary licences 30. Revision of rent 31. Restriction on transfer 32. Implied conditions and obligations affecting land 32A. Rock material not to be removed from land except under licence 33. Re-entry in case of breach or default 33A. Re-entry of land within special development area 34. Right of way 35. Right of neighbouring owners to drainage and irrigation 36. Right to prospect for minerals 37. Government s right of drainage, etc. 38. Margin of land along all rivers, sea coasts, roads, borders, etc., reserved to the Government 39. Cultivation 39A. Special conditions implied on alienation for agricultural purposes 40.

6 Replacement of Occupation Tickets 41. [Repealed by Ord. No. 20/63] 42. Sago land 43. [Repealed by Ord. No. 3/79] 44. No title or right to be acquired against the Government save such right or title as may be granted under this code 4 CAP. 81 (1958 ED.) PART IV RESUMPTION OF ALIENATED land Section 45. Surrender 46. Purposes for which land may be resumed 47. Power to enter and survey 48. Declaration that land is required for a public purpose 49. Plan to be made and notices given 50. Power to require statements as to names and interests 51. Proceedings and award by Superintendent 52. When award of Superintendent to be final 53.

7 Power to take possession 54. Entries to be made in Register 55. Adjustment of compensation 56. Reference to Court 57. Superintendent s statement to the Court 58. Service of notice 59. Appointment of assessors 60. Matters to be considered in determining compensation 61. Matters to be disregarded in determining compensation 62. Rules as to the amount of compensation 63. Assessor s opinion to be recorded 64. Difference of opinion 65. Assessor s fees 66. Award to be in writing 67. Costs 68. Appeal to the Court of Appeal 69. Payment of interest on excess compensation land code 5 Section 70. Application of Courts of Judicature Act 1964 71.

8 Payment of compensation or deposit thereof in Court 72. Payment of interest 73. Temporary occupation of waste or arable land 74. Power to enter and take possession 75. Dispute as to condition of land 76. Service of notice 77. Obstructing survey, etc. 78. Police to enforce surrender 79. Government not bound to complete acquisition 80. Exemption from stamp duty and fee 81. Bar of suits to set aside awards 82. Extinction of native customary rights 83. Interpretation of this Part PART V SETTLEMENT GENERAL 84. Settlement Notification 85. Notice by Settlement Officer 86. Staying actions after publication of any notification 87.

9 Notice of progress to be published 88. General powers of Settlement Officer SETTLEMENT OF ALIENATED land 89. Schedule of alienated land 90. Publication of Schedules of Alienated land 91. Amendments to Schedule of Alienated land 92. Entries in Register, etc. 6 CAP. 81 (1958 ED.) SETTLEMENT OF STATE LANDS Section 93. Presentation of claims to State land 94. Investigation of claims to State land 95. Settlement Order 96. Registration of new grant or lease in respect of land specified in Settlement Order MISCELLANEOUS 97. Representation of absentees, minors, persons under disability and others and also of members of a class 98.

10 Exclusion of areas from Settlement Area for Native Communal Reserves 99. Government rights to unclaimed land 100. Restriction on dealing pending settlement 101. No claim to compensation on account of failure to locate parcel in existing Registers 102. Appeal from a decision of Settlement Officer or of the Superintendent under section 18 103. No appeal after period prescribed PART VI SURVEY 104. General powers 105. Note to secure attendance 106. Clearing boundary lines 107. Compensation for injury done by clearance 108. Boundary marks to be set up 109. Power to re-erect and repair boundary marks 110.