DUN(10/11/2014) Land Code (Amendment) Bill 2014. -Move by DP Tan Sri Jabu. In comment section are debate speeches by ADUNs participating in debating this Amendment. (Y.B Encik Baru Bian(Ba Kelalan), Y.B Cik Ting Tze Pui(Meradong), Y.B Encik George Lagong(Pelagus), Y.B Cik Violet Yong Wui Wui(Pending), Y.B Encik Chiew Chiu Sing(Kidurong), Y.B Encik Alexander Anak Vincent(Ngemah), Y.B Encik Yap Hoi Long(Dudong), Y.B Dr Haji Annuar Bin Rapaee(Nangka), Y.B Encik Se Che How(Batu Lintang), Y.B Encik Chong Chieng Jen(Kota Sentosa), Y.B Encik Abdulah bin Haji Saidol(Semop). Timbalan Ketua Menteri, Menteri Pembangunan Luar Bandar dan Menteri Pemodenan Pertanian (Y.B Datuk patinggi Tan Sri (Dr) Alfred Jabu Anak Numpang): Tuan Speaker, I beg to move that the Land Code Amendment Bill 2014 to be read a second time. The Land Code which come into force on 1st January 1958, provides for a system of registration of interest in land and the principle of indifeasibility of title which are registered in the land register as well as the recognition and protection of rights to the land without documents or titles created or required according to recognised native custom and fell under Native Customary tenure. Section 5 (2) of the Land Code stipulates the various methods whereby Native Customary Rights or NCR of the land may be acquired but until the documents or title issued in respect thereof, the land shall continue to be a Stateland and any native lawfully in occupation thereof shall be deemed to hold by licence from the Government and shall not be required to pay any rent in respect thereof until and unless a document or title is issued for the land. After 1958, the Native Customary Rights may be created over interior area land in accordance with the Customary Laws of the native communities if a permit is issued under Section 10 (3) of the Land Code. As regards Native Customary Right created prior to 1958, when such act have been created, loss, abandoned or extinguished would be governed by the Laws immediately inforce prior to 1958. Such laws include the customary laws of any native communities which the laws of Sarawak recognised. Thus, not only declaration of rights are governed by the adat of the native communities but dealings inheritance and give of such land are governed by the customary laws of each community. Owing to changing social economic condition as a result of rapid progress and development in the State over these many years, customs which affect or impede the dealings or transferability of Native Customary Right lands between natives are to be reviewed to ensure that such lands are marketable and would command value which reflect the true economic potential of native land. The present provision of the Land Code do not permit untitle land fell under Native Customary Right Tenure to be transfered or disposed off and Native Customs only allow for such land to be transfered by one native to another native of the same community from the same area or longhouse community. Consequently, the marketability of such land is restricted. Within limited demand, the true value of such land cannot be realised. Thus this Bill is presented to this August House to achieve the following objectives: (a) To provide for the transferability of Native Customary Right land between natives for valuable consideration; (b) The intend that such land would become more marketable and consequently the realisation of their true market value; (c) To ensure that the right of these natives who agreed to participate in the new concept of NCR land development and have their NCR included in the title to be issued for a term of 60 years to the Joint Venture Company (JVC), their rights to the land upon the expiry of the said 60 years term would be preserved. By the operation of this new law, the rights to such land are reverted to the native participants. A title under Section 18 would be issued to them or the rightful owners thereof, for a term in perpetuity and free of premium. The term rightful owners are defining to include: (a) Those to whom the right of the land have been transferred to; (b) Their heirs or personal representative of the original NCR land owner. The title for the NCR land could be issued after the 60 years term held by the JVC to the original owner or anyone who comes within the definition of rightful owner; (c) To facilitate or to avoid delay in the issuance of sub-divided title under Section 244, after the completion of the sub-division and development of land over which a number of caveats have been lodged. The proposed amendment dispense with the necessity of obtaining the consent of the numerous caveators, whenever title for sub-divided lot have to be issued under Section 244. However, under this proposed amendment, the interest of the caveator will be safeguarded, as their caveatable interest will follow into the sub-divide lots to which their caveats relates. In other words, their caveats will still be registered against the specified sub-divided lots caveated by them; (d) Authorisation of the composition of the State Planning Authority and the formation of panels to assist the authority in the effective and efficient discharge of its function and duties; and (e) There are other consequential amendments to some other section of the land code and the reasons for this amendment are contained in the explanatory Statement to the Bill. The introduction of this Bill demonstrates the Government sincere commitment to the recognition and safeguard to all the Native Customary land and the realisation of their economic value by enhancing their marketability and transferability and assisting the natives in and assisting the native in activities that will result in their optimum return from the land. However the Government wishes to caution all owners of NCR land that they ought to retain ownership of their land as long as circumstances permit them to do so. NCR land normally is the most valuable asset of a native in the rural areas and any disposal of such land ought to be his last option. The Government will continue to initiate and promote schemes that would enable the native to put their NCR land into better economic or productive usage so that the native could enjoy better return from their NCR land. Tuan Speaker, I must explain to this august House that the proposed amendment in Clause 3 of the Bill relating to the transfer of NCR land does not apply to dealing or transaction over NCR land which the court have already ruled to be unlawful or null and void. Also the proposed amendment would not apply to any transaction or dealing of NCR land which is the subject matter of any ongoing or pending proceeding before the courts. As a matter of legislative principal, amendments of existing law should not affect or prejudice matters which are still sub-judice. The amendment relating to the caveat system and the reorganization of the State Planning Authority and the streamlining of the performance of its function would facilitate the development of land and by enhancing the tempo of progress and development in Sarawak. Tuan Speaker, the proposed amendment to provide for the establishment of a panel or panels by the State Planning Authority to assist the authority to perform his duty as provided by Part 10 of the Land Code would enable application for development and sub- division of land to be dealt with more expeditiously so as to maintain the tempo of development for commercial reschedule residential industrial properties or a State and the implementation of the development project for the public interest or benefit such as the building of highways, hidro-electric projects, resettlement schemes, schools, hospitals, rural gross centres and etc. Tuan Speaker, I would like to ask all Members of this august House to support this Bill. I beg to move. -DUN Hansard 10/11/2014
Posted on: Mon, 10 Nov 2014 17:28:29 +0000
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