LABUAN NATIVE TITLE ACT 2007

Labuan Native Title LAWS OF MALAYSIA REPRINT Act 667 Labuan Native title act 2007 As at 1 November 2012 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2012 1 2 Date of Royal Assent Laws of Malaysia Act 667 … … … 18 July 2007 Date of publication in the Gazette … … 26 July 2007 Labuan Native Title LAWS OF MALAYSIA Act 667 LABUAN NATIVE TITLE ACT 2007 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title, application and commencement Interpretation Part II THE NATIVE HOLDING AND NATIVE TITLE REGISTER 3. Native title deemed to be native holding 5. Provisions as to memorials on documents of title 4. 6. 7. 8. Native Title Register Alienation of land as native holding Application for registration of land as native holding Application for revocation of native holding Part III RESTRICTIONS ON DEALINGS WITH NATIVE HOLDINGS 9. Restriction as to transfers and leases 11. Restriction as to caveats based on lien by deposit of title 10. 12. 13. 14. 15. 16. Restriction as to dealings by attorneys Restriction as to private caveats Restriction as to bankruptcy Restriction as to attachments in execution Restriction as to trusts Restriction as to grants of probate and letters of administration 3 4 Laws of Malaysia Act 667 Part IV NATIVE HOLDING MAY BE SOLD, LEASED, TRANSFERRED, ETC. Section 17. Sales by encumbrancers 19. Native holding may be charged to financial institutions 18. 20. 21. 22. 23. 24. Native holding may be leased or transferred to Perbadanan Labuan or Majlis Agama Islam Wilayah Persekutuan Native holding may be transferred to statutory bodies, cooperative societies and societies Amanah Raya Berhad deemed to be a native in certain cases Dealings contrary to Act void Doubtful cases shall be decided by the High Court Act to prevail against provisions of other laws Part V NATIVE RESERVES 25. Native Reserves Part VI MISCELLANEOUS 26. 27. Power of Minister to make rules Exemption of fees First Schedule Second Schedule Third Schedule Labuan Native Title 5 LAWS OF MALAYSIA Act 667 LABUAN NATIVE TITLE ACT 2007 An Act to make provisions for the registration of native titles in Labuan in the Native Title Register, the dealings with native holdings and the declaration of Native Reserves and for matters connected therewith. [15 January 2010; P.U. (B) 15/2010] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Labuan Native Title Act 2007. (2) This Act applies to the Federal Territory of Labuan. (3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. (1) In this Act, unless the context otherwise requires— “native” has the same meaning assigned to it in section 2 of the Interpretation (Definition of Native) Ordinance 1952 [Sabah Cap. 64] as applicable to the Federal Territory of Labuan by virtue of the Federal Territory of Labuan (Modification of Interpretation (Definition of Native) Ordinance) Order 1984 [P.U. (A) 171/1984]; 6 Laws of Malaysia Act 667 “statutory body” means the Federal statutory body; “Native Title Register” means the Native Title Register referred to in section 5; “Land Executive Committee” means the Land Executive Committee of the Federal Territory of Labuan established under subsection 12(1) of the Code; “Code” means the National Land Code [Act 56/1965] as extended and applicable to the Federal Territory of Labuan by virtue of section 7 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585]; “native community” has the meaning assigned to “native” in section 2 of the Interpretation (Definition of Native) Ordinance 1952 as applicable to the Federal Territory of Labuan by virtue of the Federal Territory of Labuan (Modification of Interpretation (Definition of Native) Ordinance) Order 1984; “High Court” means the High Court in Sabah and Sarawak; “Minister” means the Minister charged with the responsibility for land in the Federal Territory of Labuan; “Land Ordinance” means the Land Ordinance of Sabah [Cap. 68] as applicable to the Federal Territory of Labuan by virtue of the Federal Territory of Labuan (Modification of Land Ordinance) Order 1984 [P.U. (A) 291/1984]; “native holding” means any land registered in the name of a native; “Registrar” means the Registrar of Titles appointed under subsection 12(1b) of the Code and includes a Deputy Registrar of Title; “State Director” means the Director of Lands and Mines of the Federal Territory of Labuan appointed under subsection 12(1b) of the Code and includes a Deputy Director of Lands and Mines; “Native Reserve” means the Native Reserve referred to in section 25; “federal land” means any land in the Federal Territory of Labuan that has not been disposed of in any manner; Labuan Native Title 7 “Federal Territory of Labuan” means the Federal Territory of Labuan as described under section 2 of the Constitution (Amendment) (No. 2) Act 1984 [Act A585]. (2) For the purposes of this Act, a company, cooperative society or society shall, if and so long as every member of the company, cooperative society or society is a native, be deemed to be a native, notwithstanding the definition of “native” in this section. Part II THE NATIVE HOLDING AND NATIVE TITLE REGISTER Native title deemed to be native holding 3. (1) Any native title registered under the Land Ordinance shall be deemed to be a native holding upon the commencement of this Act and the native title shall be registered in the Native Title Register by the Registrar. (2) The Land Executive Committee may add to, or revoke from the Native Title Register any native holding from time to time as it deems fit. Native Title Register 4. (1) The Native Title Register shall be in Form 1 of the First Schedule. (2) The Native Title Register shall be maintained by the Registrar from time to time in accordance with any decisions made by the Land Executive Committee. Provisions as to memorials on documents of title 5. (1) Upon the commencement of this Act, the Registrar shall open the Native Title Register and register all the existing native titles in the Native Title Register. (2) Upon the registration of the existing native titles in the Native Title Register, the Registrar shall make a like memorial of such native titles as specified in Form 2 of the First Schedule upon every register document of title listed in the Native Title Register. 8 Laws of Malaysia Act 667 (3) When any memorial has been made upon any register document of title for any land under subsection (2), the Registrar shall by notice in Form 3 of the First Schedule require the proprietor of such land or any other person in whose possession the issue document of title for such land may be to deliver the same and upon such delivery shall make on such issue document of title a like memorial as has been made on the register document of title for such land. Alienation of land as native holding 6. (1) The Land Executive Committee may, if it deems fit, decide that any land approved for alienation shall be registered as a native holding. (2) Upon the registration of the native holding in the Native Title Register, the Registrar shall make a like memorial of the native holding as in subsection 5(2) on the register document of title and the issue document of title. Application for registration of land as native holding 7. (1) Any native may apply to the Registrar in Form 4 of the First Schedule for the inclusion of his land as a native holding and to be registered in the Native Title Register. (2) Upon the application made under subsection (1) by the proprietor, the Registrar shall register such land in the Native Title Register and shall make a like memorial as in subsection 5(2) on the register document of title and the issue document of title for such land. Application for revocation of native holding 8. (1) The proprietor of any native holding may apply to the Registrar in Form 5 of the First Schedule for his land to be revoked from being a native holding. (2) Upon receiving the application, the Registrar shall refer the application to the Land Executive Committee for decision. Labuan Native Title 9 (3) The Registrar shall notify the applicant of the decision of the Land Executive Committee by notice in Form 6 of the First Schedule. (4) In the case where the application is approved, the Registrar shall cancel— (a) the memorial on the native holding from the register document of title and issue document of title; and (b) the registration of the land as a native holding in the Native Title Register. Part III RESTRICTIONS ON DEALINGS WITH NATIVE HOLDINGS Restriction as to transfers and leases 9. Subject to sections 18, 19 and 20, no native holding shall be transferred, leased or otherwise disposed of to a non-native, and no memorandum of transfer or lease in contravention of this section shall be capable of registration at the Land Office of Labuan. Restriction as to dealings by attorneys 10. Every memorandum of transfer, charge or lease of a native holding which is executed on behalf of the proprietor thereof by any non-native who purports to act as attorney of such proprietor shall be void and no such memorandum of transfer, charge or lease shall be capable of registration at the Land Office of Labuan. Restriction as to caveats based on lien by deposit of title 11. No lien by deposit of the issue document of title for any native holding as security for a debt shall be capable of being created in favour of any person, and no caveat in support of any such lien by deposit shall be capable of registration at the Land Office of Labuan. Restriction as to private caveats 12. No private caveat shall be entered upon any native holding by any non-native. 10 Laws of Malaysia Act 667 Restriction as to bankruptcy 13. No native holding shall vest in the Director General of Insolvency on the bankruptcy of the proprietor thereof, unless the bankruptcy petition upon which the proprietor is adjudicated bankrupt was filed before the commencement of this Act. Restriction as to attachments in execution 14. No native holding shall be attached in execution of a decree or order of any court unless the suit or proceeding in which such decree or order was made was instituted before the commencement of this Act. Restriction as to trusts 15. Every trust or alleged trust, whether such trust be expressed, implied or constructive which purports to be created in respect of any native holding by the proprietor thereof in favour of or for the benefit of any non-native shall be null and void and shall be incapable of being enforced by any court. Restriction as to grants of probate and letters of administration 16. No grant of probate or of letters of administration shall operate to vest any native holding in any executor or administrator who is a non-native. Part IV NATIVE HOLDING MAY BE SOLD, LEASED, TRANSFERRED, ETC. Sales by encumbrancers 17. (1) Subject to subsection (2), if any native holding included in the Native Title Register is encumbered, such holding may be sold at the instance of the encumbrancer under the provisions of any law in force for the time being. Labuan Native Title 11 (2) No such holding shall be sold to any non-native if at the date of the registration of the encumbrance, the sole proprietor or such of the co-proprietors of such land was a native and such holding was at such date included in the Native Title Register after the commencement of this Act. (3) In this section, an “encumbrance” includes a charge, a caveat in support of a lien by deposit of document of title, an attachment in execution of a decree or other order of court and an attachment before judgement and an “encumbrancer” includes a chargee, a caveator who has caused to be registered such caveat as aforesaid, an attaching creditor and a