Hazwan Azreen Bin Ishak (YEEN)

STATE AUTHORITY Who owns the land? Land in Malaysia is vested in the Ruler or governor of the state. List II in the 9th Schedule to the Federal Constitution states that land is state matter Sec. 40 of NLC a) All state land within its territories vested in the SA b) Including all minerals and rock material within or upon the land. What is State Authority State Authority(SA) means the Ruler or Governor of the State as the case maybe. State means any state to which the Act applies (Pen. Malaysia) Sec. 5 ruler of governor of the state. Penang & Malacca Governor Other States Sultan Federal Territory Federal Government List II in Ninth Schedule of FC states that land is a state matter What is State Land? All land within its territories It does not include:a) Alienated land b) Reserved land c) Mining land d) Forest land Sec. 5 NLC defines State Land to mean all land within the boundary of the State excluding: (a) alienated land land already alienated by the SA to private person or body for agriculture, building or industry (but not mining) (b) reserved land land reserved for future use and for public purpose e.g schools, parks, highways etc. (c) mining land alienated under the Mining Law (not the NLC) (d) Any land which under the provision of any law relating to forest is for the time being reserved forest Forestry Act 1984 Who owns land? Sec 40: State land in Malaysia is vested solely in the SA includes all minerals & rock materials within or upon the land Sec. 41 NLC : Power of SA (a) All the powers to dispose of all property vested in it, reserved land and mining land as stated in sec. 42; and (b) All rights in Sec. 46 ( rights in reversion)/ To take back the land as stated in S 46 Sidek bin Hj Mohammed (1982) it was held that the acts of the State Director of land mines and the Collector of land revenue in giving permission to the settlers to occupy the state land did not bind the SA

Hazwan Azreen Bin Ishak (YEEN)

Kabra Holdings (1992) it was held that the promise made by the Menteri Besar in allowing the occupiers occupying the state land did not bind the SA How does State Authority disposes its land? As the absolute owner of State land, the SA has wide powers of disposal under Sec. 42(1) of NLC, there are: (a) to alienate State land;(by giving away a right) of state land for a term not exceeding 99 years or in perpetuity(forever). However since March 1985, alienation of land in perpetuity is no more granted except for cases referred in Sec 76(aa) (b) to reserve State land and to grant leases of reserved land; ( for a period not exceeding 21 years; (c) to issue license to occupy State land, reserved land and mining land under temporary occupation licenses (TOL) (d) to permit the extraction and removal of rock material from any land other than reserved forest; (e) to permit the use of air space on or above State land and reserved land. What State Authority cannot do as in Sec 42(2) of NLC? (a) Dispose of any land for mining except by obtaining mining lease granted by mining law; (b) Permit the extraction/removal of rock material from any land for obtaining metal or mineral; (c) Dispose of any land for removing forest product from the land except by obtaining forest license granted under Forestry Act; (d) Dispose agricultural land to more than one person where area is less than two-fifth of a hectare (co-proprietorship for agricultural land of that size is prohibited) To whom land can be disposed? Sec. 43 NLC The SA can alienate land in favour of any of the following persons and bodies:(a) Natural persons other than minors; (b) Corporations having power under their constitutions to hold land; (c) Sovereigns, government, organizations and other persons authorized to hold land under the Diplomatic and Consular Privileges Ordinance 1957; and (d) Bodies expressly empowered to hold land any other written law. A natural person not a bankcrupt, of sound mind A minor- ? Tan Hee Juan The registration of 2 documents of transfer executed by a minor was held to be void.

Under what circumstances State Authority can take back the land? Sec 46(1) alienated land

Hazwan Azreen Bin Ishak (YEEN)

(a) When the term specified in the tile expired (b) Upon publication in the gazzette (c) When the proprietor is dead without successor sec. 351 , when title is abandon sec 352 (d) When proprietor surrender the title to the SA Sec 46 (2) For lease, license and permit Upon expire of such lease, permit or license Upon death of the holder Dissolution of co.

What happen to the building on the land upon its forfeited? Sec. 47 Vest in the SA No compensation available. Sec 48 : No adverse possession against the State A person cannot acquire title to State land unless by way of alienation. Unlawful occupation on State land or under any license for any period what soever is not a guarantee for a title. Case: Sidek Hj. Mohd v. govt of Perak eg: Squatters Sec 49 If sea or river encroaches to alienated land, the area affected shall revert to SA If retreat of the shoreline or bed of any river, the boundaries of the land remain the same (not affected). Sec 50 : Power of State Authority to vary provision In any lease of reserved land, license or permit if the provision causes hardship to the holder; To extend the time specified in the lease, license or permit. Enjoyment of land Right to use and possess To get benefit To get advantages Natural rights To get the best out of it Why enjoyment is important? To exercise the right that was given to us as land owner , licensee or lessee To get benefit out of the land e.g cultivation, develop it, deal with it, convey it, rent it, make capital out of it etc. How do we enjoy the land? Not absolute (it is qualified)

Hazwan Azreen Bin Ishak (YEEN)

There are 4 limitations (Sec. 44 NLC) (1) Conditions or restrictions imposed by the NLC (2) Limitations imposed by other laws (3) Enjoyment must be reasonable (4) It is necessary for you to enjoy it