LAND LAW 1LAND LAW 1

CONVERSIONCONVERSION

Definition:Definition:

A process of changing a A process of changing a category of land use from one category of land use from one category to anothercategory to another

E.g: agriculture land to building E.g: agriculture land to building landland

Reasons for conversion:Reasons for conversion:

To use land legally without To use land legally without breaching the conditions in breaching the conditions in order to avoid forfeitureorder to avoid forfeiture

To control the orderly use of To control the orderly use of landland

Additional revenue to the State Additional revenue to the State i.e by imposing additional i.e by imposing additional premiumpremium

Variation of conditions, Variation of conditions, restrictions and categoriesrestrictions and categories

S. 124: Who can apply?S. 124: Who can apply?

- the proprietor can apply to SA- the proprietor can apply to SA

What type of variations?What type of variations?

1)1) alteration of category of land use or alteration of category of land use or where it is not subj to any of it, the where it is not subj to any of it, the imposition of any category of land usage imposition of any category of land usage (s.124(1)(a) to be read with s. 124(2))(s.124(1)(a) to be read with s. 124(2))

2)2) Rescission of any express condition or Rescission of any express condition or RII endorsed on or referred to in the RII endorsed on or referred to in the document of Title or removal of the document of Title or removal of the expression “padi” from the document of expression “padi” from the document of title or any other expressions to the title or any other expressions to the implied conditions specified in s. 119.(s. implied conditions specified in s. 119.(s. 124(1)(b) to be read with s.124(3))124(1)(b) to be read with s.124(3))

3)3) Removal from document of title the Removal from document of title the expression “rubber”, “kampung” or expression “rubber”, “kampung” or any other expressions pertaining to any other expressions pertaining to land use and the imposition of land use and the imposition of other express condition pertaining other express condition pertaining to land use.(s.124(1)(ba) to be read to land use.(s.124(1)(ba) to be read with s. 124(3A))with s. 124(3A))

4)4) Amendment of any express Amendment of any express condition or RII endorsed on or condition or RII endorsed on or referred to in the document of Title referred to in the document of Title or the imposition of any new or the imposition of any new express cond or RII. (s. 124(1)© to express cond or RII. (s. 124(1)© to be read wth s. 124 (4))be read wth s. 124 (4))

s. 124(5)s. 124(5)

Upon making of direction by the SA , Upon making of direction by the SA , the following condition or any one of the following condition or any one of it may be imposed:it may be imposed:

- payment of further premium- payment of further premium

- payment of any other charges as - payment of any other charges as may be prescribedmay be prescribed

- reservation of a new rent- reservation of a new rent

- compliance with such other - compliance with such other requirement as the SA may think fitrequirement as the SA may think fit

What is the extend of the word What is the extend of the word ‘fit’ in . 124(5)(c)?‘fit’ in . 124(5)(c)?

This in a fettered ( controlled) This in a fettered ( controlled) power given to SA where the power given to SA where the conditions imposed then must conditions imposed then must be fair reasonable and related to be fair reasonable and related to the permitted development of the permitted development of the land in question.the land in question.

Case: Case: Pengarah Tanah & Pengarah Tanah & Galian, Wilayah Persekutuan Galian, Wilayah Persekutuan v Sri Lempah Enterprise S/B v Sri Lempah Enterprise S/B [1979] 1 MLJ 135[1979] 1 MLJ 135

s. 124(7)s. 124(7)

Upon approval by the SA, the Upon approval by the SA, the Land Administrator shall sign Land Administrator shall sign Fm 7C and present the same.Fm 7C and present the same.

The Registrar then shall enter The Registrar then shall enter the new direction in the RDT & the new direction in the RDT & IDT and to be signed and sealed IDT and to be signed and sealed by himby him

s. 124(8)s. 124(8)

Upon approval of the application Upon approval of the application by the SA, the rent and premium by the SA, the rent and premium shall become due and the Land shall become due and the Land Administrator shall issue notice Administrator shall issue notice in Fm 7G requiring the in Fm 7G requiring the proprietor to pay the sum within proprietor to pay the sum within a specified time failing which the a specified time failing which the approval will lapse.approval will lapse.

s. 124As. 124A

This gives way to proprietor to This gives way to proprietor to submit application for sub-submit application for sub-division together with the division together with the application under s. 124(1) in application under s. 124(1) in respect of the proposed sub-respect of the proposed sub-divisional portiondivisional portion

Thank you.Thank you.