NATIONAL LAND CODE (REVISED - 2020)

National Land Code LAWS OF MALAYSIA Act 828 NATIONAL LAND CODE (Revised—2020) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2020 1 2 Laws of Malaysia Act 828 NATIONAL LAND CODE Revised up to … … … … 14 October 2020 Date of publication in the Gazette of this revised edition … … 15 October 2020 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 15 October 2020 First enacted in 1965 as Act of Parliament No. 56 of 1965 National Land Code 3 NATIONAL LAND CODE NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. The Notes are intended to assist the reader by setting out the modifications to the National Land Code and, for editorial reasons, the Notes are set out in the present format. 4 Laws of Malaysia Act 828 National Land Code 5 LAWS OF MALAYSIA Act 828 NATIONAL LAND CODE ARRANGEMENT OF SECTIONS Division I—INTRODUCTORY Part One—PRELIMINARY Section 1. Short title 2. Application 3. Commencement 4. Savings 5. Interpretation Part One (A)—COMPUTERIZED LAND REGISTRATION SYSTEM 5a. Coming into operation of the Computerized Land Registration System in any land Registry 5b. Amendment of the Fourteenth Schedule Part One (B)—MODIFICATIONS TO FACILITATE THE IMPLEMENTATION OF THE PENGURUSAN DANAHARTA NASIONAL BERHAD ACT 1998 5c. Modifications to facilitate the implementation of Pengurusan Danaharta Nasional Berhad Act 1998 6 Laws of Malaysia Act 828 Part One (C)—MODIFICATIONS TO FACILITATE THE IMPLEMENTATION OF THE ELECTRONIC LAND ADMINISTRATION SYSTEM Section 5d. Coming into operation of the Electronic Land Administration System in any land Registry Part Two—ADMINISTRATION Chapter 1—Powers of the Federation and of Federal Officers 6. Director General of Lands and Mines (Federal) and other Federal Officers 7. Delegation of Minister’s powers to Director General 8. General powers of Director General 9. National Land Council: initiation of action with respect to certain matters 10. Regulation of procedure, etc., of Survey and Mapping Department Chapter 2—Powers of the States and of State Officers 11. Administrative areas 12. State Director and other State Officers 13. Delegation of powers of State Authority to State Director, etc. 14. Power of State Authority to make rules 15. General powers of State Director, etc. 16. Actions by and against the State Authority 17. Power to require removal, etc., of trees 18. Power to consolidate notices, orders and notifications Chapter 3—General provisions relating to officers, etc. 19. Information to be kept secret 20. Purchase of land by officers, etc. 21. Officers to be public servants 22. Protection of officers National Land Code 7 Chapter 4—Provisions relating to enquiries Section 23. Interpretation 24. Conduct of enquiry 25. Time and place of enquiry 26. Enquiry to be open to public 27. Notice of enquiry 28. Cancellation and postponement of enquiries, and change of venue 29. Hearing of enquiry 30. Veracity of evidence 31. Substance of evidence and reasons for decision to be recorded 32. Inspection of record of evidence, etc. 33. No alteration, etc., of decision or order 34. Re-opening of enquiry 35. Death etc., of Land Administrator 36. Former applications 37. Appeal 38. Costs of enquiry 39. Application of Penal Code Part Three—RIGHTS AND POWERS OF THE STATE AUTHORITY Chapter 1—Property in land and powers of disposal 40. Property in State land, minerals and rock material 41. Powers of disposal of State Authority, and rights in reversion, etc. 42. Powers of disposal 43. Persons and bodies to whom land may be disposed of 44. Extent of disposal: general 45. Extent of disposal: minerals, rock material and forest produce 46. Reversion, etc., to the State Authority 46a. Reversion to State Authority of an undivided share in land or parcel of subdivided building 47. Buildings to vest in State Authority on reversion, etc. 8 Laws of Malaysia Act 828 Section 48. No adverse possession against the State 49. Effect of advance or retreat of sea, etc. 50. Power of State Authority to vary provisions, extend time, etc. Chapter 2—Classification and use of land Classification 51. Classification of land Use of Lands Alienated under this Act 52. Categories of land use and application thereof to lands alienated under this Act Use of Lands Alienated before Commencement 53. Conditions affecting use of lands alienated before commencement until category of land use imposed 54. Application of categories of land use to lands alienated before commencement Use of Lands Approved for Alienation before Commencement 55. Application of section 53 to lands approved before commencement 56. Application of section 54 to lands approved before commencement Chapter 3—Rights of access to, and use of, alienated lands 57. General 58. Nature and extent of rights 59. Notice of intended works 60. Objection to intended works 61. Compensation 61a. Private person carrying out works National Land Code 9 Division II—DISPOSAL OF LAND Part Four: DISPOSAL OTHERWISE THAN BY ALIENATION Chapter 1—Reservation of land Section 62. Power of reservation of State land 63. Power to lease reserved land 64. Revocation of reservation Chapter 2—Temporary occupation of land 65. Power to licence temporary occupation of State land, mining land and reserved land 66. Issue of temporary occupation licences 67. Duration, conditions, etc., and form of temporary occupation licences 68. Temporary occupation licences not capable of transfer or transmission on death 68a. Deposits in respect of temporary occupation licence 69. Combined temporary occupation licence and permit under Chapter 3 Chapter 3—Removal of rock material 70. Power to permit extraction, removal and transportation of rock material 71. Issue of permits 72. Duration, conditions, etc., and form of permits 73. Permits not capable of transfer or transmission on death 74. Deposits in respect of permits 75. Effect of permits on conditions affecting land Chapter 4—Permit to use air space above state land and reserved land 75a. Power to permit use of air space above State land or reserved land 75b. Applications for permits 75c. Issue of permits on approval 75d. Conditions, etc., of permits 10 Laws of Malaysia Act 828 Section 75e. Permits not capable of assignment except with consent of State Authority 75f. Deposit or security in respect of permits 75g. Power to cancel permits Part Five—DISPOSAL BY ALIENATION Chapter 1—Introductory 76. Meaning of alienation 77. Titles under which land may be alienated 77a. (Deleted) 78. How alienation is effected Chapter 2—Approval of land for alienation 79. General provisions relating to approvals 80. Supplementary provisions relating to approvals 81. Items of land revenue payable on approval 82. Power to require payment of deposit Chapter 3—Alienation under final title 83. Survey for purposes of alienation under final title 84. Recomputation of items of land revenue after survey 85. Register and issue documents of title 86. Form of documents for Registry title 87. Form of documents for Land Office title 88. Registration of register documents of title 89. Conclusiveness of register documents of title 90. Issue of issue documents of title 90a. Extension of land alienated for a term of years 91. Exemption of documents of title from stamp duty 92. Indefeasibility of final title, and rights of dealing etc. National Land Code 11 Part Five (A): DISPOSAL OF UNDERGROUND LAND Section 92a. Interpretation 92b. Specification of rights in respect of underground land upon alienation 92c. Alienation of underground State land 92d. Application for independent use or alienation of underground land below alienated land 92e. Specification of rights in respect of underground land upon the grant of a lease of reserved land 92f. Lease of underground land below reserved land 92g. Application for independent use of underground land below leased reserved land 92h. Relationship of this Part to other provisions of this Act 92i. Regulations by the Minister Division III—ALIENATED LANDS: INCIDENTS AND REGISTRATION OF TITLE Part Six—RENT Chapter 1—General 93. Rent to be a debt due to State Authority 94. When rent due, and when in arrear 95. Where rent payable 96. Computation of rents 96a. Rent of land with subdivided building Chapter 2—Collection of arrears of rent 97. Notice of demand 98. Right of chargees, lessees, etc., to pay sum demanded 99. Effect of payment of sum demanded 100. Forfeiture for non-payment of sum demanded 12 Laws of Malaysia Act 828 Chapter 3—Revision of rent Section 101. Power of State Authority to revise rents periodically 102. Power in respect of lands alienated before commencement Part Seven—CONDITIONS AND RESTRICTIONS IN INTEREST Chapter 1—General 103. Interpretation and scope 104. Conditions and restrictions in interest to run with the land 105. Duration of conditions and restrictions in interest 106. Time to be of the essence of fixed-term conditions of a positive character 107. Extension of time for compliance with fixed-term conditions of a positive character 108. Conflict with local by-laws, etc. Chapter 2—Summary of conditions and restrictions in interest affecting alienated lands Lands Alienated under this Act 109. Conditions, etc., applicable on alienation Lands Alienated Before Commencement 110. Conditions, etc., applicable as from commencement 111. Conditions, etc., applicable after category of land use imposed under section 54 Lands Approved for Alienation before Commencement 112. Conditions, etc., applicable on alienation, and after imposition of category of land use by virtue of section 56 Changes in Conditions and Restrictions 113. Manner in which changes may be effected National Land Code 13 Chapter 3—Implied conditions Boundary Marks Section 114. Implied conditions affecting all alienated land Category: Agriculture 115. Implied conditions affecting land subject to the category “agriculture” Category: Building 116. Implied conditions affecting land subject to the category “building” 116a. (Deleted) Category: Industry 117. Implied conditions affecting land subject to the category “industry” Agricultural Land Alienated under Qualified Title 118. Implied condition affecting agricultural land alienated under qualified title Land Endorsed “Padi” before Commencement 119. Implied condition affecting land alienated before commencement for padi cultivation Chapter 4—Express conditions and restrictions in interest General Powers Upon Alienation 120. Imposition of express conditions and restrictions in interest on alienation under this Act Land Alienated Subject to a Category 121. Category: Agriculture 122. Categories: Commercial, Residential and Industry 14 Laws of Malaysia Act 828 Land Becoming Subject to a Category after Alienation Section 123. Imposition of express conditions on land becoming subject to a category under section 54 Variation of Conditions, Restrictions and Categories 124. Power of State Authority to vary conditions, etc., on application of proprietor 124a. Simultaneous applications for subdivision and under subsection 124(1) in respect of the proposed subdivisional portions Chapter 5—Enforcement of conditions 125. When a breach of condition arises 126. Breach of complex condition 127. Liability to forfeiture for breach of condition 128. Summary action to secure remedying of breach of condition 129. Action to enforce forfeiture for breach of condition Part Eight—FORFEITURE 130. Forfeiture to take effect upon notification in the Gazette 131