LAND CONSERVATION ACT 1960

Land Conservation LAWS OF MALAYSIA REPRINT Act 385 LAND CONSERVATION ACT 1960 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 LAND CONSERVATION ACT 1960 First enacted … ... ... ... … … … 1960 (Act No. 3 of 1960) Revised 1989 (Act 385 w.e.f. 21 September 1989) … … … … … … … PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 385 LAND CONSERVATION ACT 1960 ARRANGEMENT OF SECTIONS PART I INTRODUCTORY Section 1. Short title and application 2. Interpretation PART II CONTROL OF HILL LAND 3. Declaration of hill land 4. Entry of declaration on the register 5. Prohibition of short-term crops except under permit 6. Restrictions on clearing and cultivation of hill land 7. Appeal 8. Acquisition of hill land 9. Power to require statements as to persons interested 10. Enforcement of terms and conditions of permits PART III CONTROL OF SILT AND EROSION 11. Notice to show cause against order 12. Appearance to show cause 13. Procedure on appearance 4 Laws of Malaysia ACT 385 Section 14. Powers to make orders and nature of orders 15. Variation and revocation of orders 16. Operation of orders 17. Appeal 18. Penalty 19. Maintenance of work 20. Record of orders in the register PART IV GENERAL 21. Power to cause effect to be given to orders and recovery of cost 22. Liability of owner or occupier for acts done on land 23. Service of notices and orders 24. Rules 25. Private suits not affected 26. Repeal APPENDIX Land Conservation 5 LAWS OF MALAYSIA Act 385 LAND CONSERVATION ACT 1960 An Act relating to the conservation of hill land and the protection of soil from erosion and the inroad of silt. [5 May 1960] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I INTRODUCTORY Short title and application 1. (1) This Act may be cited as the Land Conservation Act 1960. *(2) This Act shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State pursuant to Clause (3) of Article 76 of the Constitution. Interpretation 2. (1) In this Act, unless the context otherwise requires— “hill land” means any land declared to be hill land in accordance with section 3; “Land Administrator” has the same meaning assigned thereto in the National Land Code [Act 56 of 1965]; *NOTE—Adoption of this Act by States under subsection 1(2)–see Appendix. 6 Laws of Malaysia ACT 385 “owner” means the person for the time being receiving the rent of land in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or as receiver, or who would receive the rent if the land were let to a tenant, but does not include the Government of Malaysia or the Government of any State in Malaysia; “occupier” means the person in occupation of land in connection with which the word is used, or having the charge, management or control thereof, either on his own account or as agent of another person, and includes a lessee of land, a person occupying land consequent upon an approved application, an approved occupant in the State of Johore, and any person occupying land under section 9 of the *Lands Ordinance of the Straits Settlements [S.S. Cap. 113]; “Registrar” has the same meaning assigned thereto in the National Land Code; “short-term crops” means any crops which normally complete their life cycle within two years after planting, and includes pineapples, bananas and derris. (2) Nothing in this Act contained— (a) refers to land held under mining lease or other mining title; (b) shall in any manner whatsoever affect the rights of the Yang di-Pertuan Agong or of the Government or of the Ruler or Yang di-Pertua Negeri or of the Government of any State. PART II CONTROL OF HILL LAND Declaration of hill land 3. The Ruler in Council or the Yang di-Pertua Negeri in Council of a State may, by notification in the Gazette, declare any area or class or description of land in the State to be hill land for the purposes of this Act. *NOTE—Lands Ordinance of the Straits Settlements [S.S. Cap. 113] has since been repealed by National Land Code [Act 56 of 1965]–see section 438 of Act 56 of 1965. Land Conservation 7 Entry of declaration on the register 4. The Land Administrator shall, upon the making of any declaration under section 3 cause to be presented to the Registrar a memorandum containing a complete list of all the lands affected by such declaration, and the Registrar shall note in the register against all such lands the fact that such declaration has been made. Prohibition of short-term crops except under permit 5. No person shall plant any hill land with short-term crops: Provided that the Land Administrator may issue an annual permit to plant specified short-term crops to any applicant who satisfies him that such cultivation will not cause appreciable soil erosion, and in such permit may prescribe the area of the land and the terms and conditions under which such cultivation is permitted. Restrictions on clearing and cultivation of hill land 6. (1) No person shall clear any hill land or interfere with, destroy or remove any trees, plants, undergrowth, weeds, grass or vegetation on or from any hill land: Provided that it shall be lawful for the Land Administrator, on the application of the owner or occupier of any hill land, to authorize by permit in writing under his hand, subject to such terms and conditions and to such extent and in such manner as may be specified in such permit— (a) the clearing of such hill land for the purpose of cultivation; (b) the clearing or weeding of such hill land under lawful cultivation. (2) Any person who fails to comply with any terms or conditions prescribed in a permit issued under subsection (1) shall be deemed to have contravened this Act. (3) Whenever the Land Administrator declines to issue a permit under this section in terms acceptable to the applicant he shall, on being requested so to do by the applicant, forthwith issue to him a certificate under his hand setting forth the nature of the permit asked for and the grounds of such refusal and the date of issue of such certificate. 8 Laws of Malaysia ACT 385 Appeal 7. (1) Any applicant aggrieved by the refusal of the Land Administrator to issue a permit under section 6 in terms acceptable to such applicant may, within fifteen days of the issue of the Land Administrator’s certificate under subsection 6(3), or within such further time as the Ruler in Council or the Yang di-Pertua Negeri in Council, as the case may be, may in any case allow, appeal to the Ruler in Council or the Yang di-Pertua Negeri in Council, against such refusal and the Ruler in Council or the Yang di-Pertua Negeri in Council, after hearing such person, or in his absence, as the Ruler in Council or the Yang di-Pertua Negeri in Council shall think fit, may confirm such refusal or order the Land Administrator to issue such permit with or without modifications. (2) Every such appeal shall be by notice in writing signed by the appellant or his advocate and solicitor and shall be delivered to the Land Administrator, who shall forthwith transmit such notice to the State Secretary, together with a copy of the certificate issued under subsection 6(3). (3) In deciding any such appeal it shall be lawful for the Ruler in Council or the Yang di-Pertua Negeri in Council to receive and take into consideration any signed statement or report of any person as to the condition of the land in question and the desirability or otherwise of the issue of a permit therefor. (4) The order of the Ruler in Council or the Yang di-Pertua Negeri in Council under this section shall be final and no Court shall call in question any such order. Acquisition of hill land 8. Whenever it appears desirable to the Ruler in Council or the Yang di-Pertua Negeri in Council, as the case may be, to acquire any hill land for the purpose of preventing soil erosion it shall be lawful for the Ruler in Council or the Yang di-Pertua Negeri in Council to direct that such hill land be acquired either by private treaty or under the Land Acquisition Act 1960 [Act 486]; and for the purpose of that Act the land to be acquired shall be deemed to be required for a public purpose. Land Conservation 9 Power to require statements as to persons interested 9. (1) The Land Administrator may by order in writing require the owner or occupier of any hill land to deliver to him within a time to be specified in the order, being not less than fifteen days from the service thereof, a statement in writing containing to the best of his knowledge and ability the name and address of every person who possesses or has possessed within one year preceding the date of service of the order any interest in the land or any part thereof, whether as co-owner, mortgagee, lessee, sub-lessee, tenant, squatter or otherwise, and the nature of any such interest. (2) Every such order shall be personally served on the owner or occupier, as the case may be. (3) Every owner or occupier required to deliver a statement under this section shall be legally bound to do so within the meaning of sections 176 and 177 of the Penal Code [Act 574]. Enforcement of terms and conditions of permits 10. (1) Whenever any owner or occupier of hill land fails to comply with any term or condition imposed by a permit issued under section 5 or 6 the Land Administrator, or any person authorized by him in writing generally or specially in that behalf, may enter upon such hill land with such assistants and things as are necessary, and may perform and do thereon and therein all acts and things required to conform with the terms and conditions of such permit, and the cost thereof shall be recoverable from such owner or occupier; and the amount of such cost may be reported to the Court of a Magistrate and recovered in the same manner as if it were a fine imposed by such Court, notwithstanding that such amount may be in excess of the ordinary jurisdiction of such Court. (2) Nothing in this section shall affect the liability of any person to prosecution and punishment under section 18. 10 Laws of Malaysia ACT 385 PART III CONTROL OF SILT AND EROSION Notice to show cause against order 11. Whenever it appears to a Land Administrator on grounds to be recorded by him in writing with reference to land owned by any person— (a) that earth, mud, silt, gravel or stone from such land has caused or is likely to cause damage to other land, whether alienated or not, or to any watercourse, whether natural or artificial, or has interfered or is likely to interfere with the due cultivation of other land, whether alienated or not; or (b) that by reason of the steepness of the slope of such land, damage has been or is likely to be caused to such land by erosion or displacement of earth, mud, silt, gravel or stone upon or from such land, the Land Administrator may, by notice served on the owner or occupier of such land, require him to show cause, at a time and place to be stated in such notice, why an order should not be made under this Act prohibiting him from doing, or requiring him to do, any act or thing which may under section 14 be prohibited or required to be done. Appearance to show cause 12. Any owner or occupier of land who is required to show cause why an order under section 11 should not be made in respect of such land may attend and show cause either in person, or by his agent duly authorized by power of attorney in that behalf, or by an advocate and solicitor or, with the permission of the Land Administrator, by any other person. Procedure on appearance 13. (1) If