Land Law Legislations

Land Law Legislations

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Land Law Legislations

CONTENT

Learning Outcomes Introduction

National Land Code 1965 Land Administration

Federal Constitution

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Land Law Legislations

Learning Outcomes

At the end of the lecture students should be able to: 1) Identify the legislations relevant to land development processes; and 2) Discuss the importance of those legislations in ensuring the smooth progress of the land development processes.

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Land Law Legislations

Introduction
Malaysia has many legislations relating to land development. The primary legislation is the Federal Constitution. The next legislation is the National Land Code 1965. Other land related legislations are:

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Land Law Legislations

Main Land Legislations Town & Country Planning Act 1976 Local Government Act 1976
Street, Drainage & Building Act 1974 Malay Reservation Enactment/Ordinance Land Conservation Act 1960

Environmental Quality Act 1974

Housing Development (Control & Licensing) Act 1966
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Land Law Legislations

Other Legislations Antiquity Act 1976 National Forestry Act 1984 Fire Services Act 1988 Electricity Supply Act 1990

Construction Industry Development Board Act 1994

Occupational Safety & Health Act 1994 Waters Act (Enactment)1920

Sewerage Services Act 1993

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Land Law Legislations

Federal Constitution The Federal Constitution is the supreme law of Malaysia. It provides for the establishment of the federation of, then, Malaya, that subsequently became Malaysia. The document also defines the rights and responsibilities of the Federal Government, the member states and the citizens and their relations to each other. It sets out the powers of the Federal Government and the State Governments. It provides for the establishment of Parliament and the State Legislative Assemblies. Some of the relevant articles in the constitution includes:
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Land Law Legislations

Federal Constitution Article 13 Article 74 Article 76 Article 83 Article 87

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Rights to property Jurisdiction of Federal & State Govts. Powers to make law Land Acquisition for Federal purposes Determination of disputes as to value of land
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Federal Constitution

Article 89
Article 90 Article 91 Article 92 Article 95A
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Malay Reserve
Customary land National Land Council National Development Plan National Council for Local Governments
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Article 13 Article 13 Article 13(1) Rights to property No person shall be deprived of property save in accordance with law. No law shall provide for the compulsory acquisition or use of property without adequate compensation.

Article 13(2)

Land Acquisition Act 1966 gives power to State Authority to compulsorily acquire alienated land. The Act provides for the conditions And procedures for such exercise.
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Land Law Legislations

Article 74

Jurisdiction of Federal & State Governments Schedule 9 List I Federal List

List II State List

List III Concurrent List

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Land Law Legislations

Article 76

Powers to make law

Schedule 9 List I Federal List Parliament - Acts

List II State List State Assemblies - Enactments

List III Concurrent List Acts/Enactments

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Land Law Legislations

Article 83

Land Acquisition for Federal Purposes

Land belongs to the state.

Federal Government requires land in states for federal purposes.

Examples:

Kuala Lumpur/Putrajaya
UTM Skudai
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Land Law Legislations

Article 87

Determination of dispute as to value of land in land acquisition for Federal Government Purposes Land that State Authority acquires for Federal Ministry must be paid for. If there is a dispute as to the premium charged will be referred to arbitration

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Land Law Legislations

Article 89

Malay Reserve Land

Gives power to State Authority to declare certain areas in the state as Malay Reserve Land. For that purpose the State may enact the specific statute to that effect called Malay Reserve Enactments.

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Land Law Legislations

Article 90

Customary Land

xx. xx.

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Land Law Legislations

Article 91

National Land Council

xx. xx.

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Land Law Legislations

Article 92

National Development Plan

Gives power to State Authority to declare certain areas in the state as Malay Reserve Land. For that purpose the State may enact the specific statute to that effect called Malay Reserve Enactments.

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Land Law Legislations

Article 95A

National Council for Local Governments

Gives power to State Authority to declare certain areas in the state as Malay Reserve Land. For that purpose the State may enact the specific statute to that effect called Malay Reserve Enactments.

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Land Law Legislations

National Land Code 1965

Introduction

Main Provisions

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Land Law Legislations

Introduction

Although land is a state matter, the National Land Code 1965 was enacted by Parliament applicable through out the Peninsular Malaysia for purpose of uniformity. It is a statute that amends and consolidates laws relating to land and land tenure in Peninsular Malaysia. It supersedes all previous land codes. It is based on the Torrens System; it has all the characteristics of the system. However, apart from the characteristics of the Torrens System, it has other additional characteristics of its own
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INTRODUCTION

Main Provisions

Definition of Land Disposal of Land Dealings

Classification of Land Categories of Land Use

Restraint of Dealings

Subdivision, Partition & Amalgamation

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INTRODUCTION

Main Provisions Definition of Land Section 5, fixture and chattel Section 51 - Town, village, country Section 52 - Agriculture, building, industry Alienation, Reservation, Lease, TOL, & Permit
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Classification of Land
Category of Landuse Disposal of Land

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INTRODUCTION

Main Provisions

Dealings Restraint Dealings Subdivision

Partition

Transfer, charge, lien, tenancy, & easement

Prohibitory Orders and caveats

Subdivision of lot into two or more lots

Ends co-ownership of land

Amalgamation
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Join one/more lots into a single title

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INTRODUCTION

Land Administration

Federal Government

Federal Territory

Sabah & Sarawak

Peninsular Malaysia

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INTRODUCTION

Federal Government

Ministry of Natural Resources & Environment

National Land Council

Department of Director General of Land & Mine

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INTRODUCTION

Federal Territory

Ministry of Federal Territory

Office of Director General of Land & Mine, Federal Territory Kuala Lumpur Putra Jaya Labuan
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INTRODUCTION

Peninsular Malaysia
State Authority State Executive Council

Office of Land & Mine State Director of Land & Mine

District Land office District Office (Land Administrator)
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INTRODUCTION

Sabah & Sarawak State Authority State Executive Council

Department of Land & Survey State Director of Land & Mine District Land office District Office (Land Administrator)
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