Note 3 Power of State Gov In Land Dr.Nora 070313

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Topic: Power of State Authority In Land

Land Administration (RMK Land Administration (RMK 357 )357 )

Semester 2, Academic Session 2012/2013

Dr.Norazmawati Md.Sani @ Abd.Rahim (Dr.Nora)E08/102B

[email protected]

http://drnorazmawati.blogspot.com7 March 2013

We leadContent1. Property in Land 2. Powers of Disposal3. Disposal of Land4. Disposal By Alienation 5. Disposal Otherwise Than By Alienation 6. Right To The Land7. Rights of Receiver land 8. Removal of Rock Material 9. Permit To Use of Air Space Above State

Land & Reserved Land10.Conclusions

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Property in Land

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Sec. 40NLC Property in State land, minerals & rock

material.a) All State Land within the territories of the State;b) All minerals & rock material within/upon any land

in the State the rights to which have not been specifically disposed of by the State Authority.

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Powers of Disposal

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Sec. 41NLC Power of disposal of State Authority

& rights in reversion, etc.Without prejudice to its powers & rights under any other written

law for the time being in force, the State Authority shall have-

a) All the powers of disposal conferred by Sec.42 with respect to-i. Property vested in it under Sec.40.ii. Reserved land.iii. Mining land.

Which powers shall be exercised in such manner & to such extent as is authorized by the provisions of this Act & not otherwise; &

b) All the rights in reversion & other similar rights conferred on it by Sec.46.

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Sec. 42NLC Powers of Disposal.1) Subject to subsection(2), the State Authority

shall have power under this Act-a) To alienate State land.

Powers of Disposal

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shall have power under this Act-b) To reserve State land & grant leases of

reserved land .

Powers of Disposal

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shall have power under this Act-c) To permit the occupation of State Land,

Reserve land & Mining Land under TOL.

Powers of Disposal

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shall have power under this Act-d) To permit the extraction & removal of rock

material from any land other than reserved forest.

Powers of Disposal

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Sec. 42NLC Powers of Disposal.1) Subject to subsection(2), the State

Authority shall have power under this Act-e) To permit the use of air space on/above

State Land/Reserved Land.

Powers of Disposal

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Sec. 42 (2)NLC Certain Limits.a) No power to dispose of any land for the purpose

of mining, b) No power to permit the extraction/removal of

rock material from any land for the purpose of obtaining metal/mineral therefrom,

c) No power to dispose of any land for the purpose of the removal of forest produce therefrom.

d) No power to alienate any land less than 2/5 hectare for agriculture.

Powers of Disposal

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Sec. 43NLC Persons & body to whom land may

be disposed of.a) Natural persons other than minors.b) Corporation having power under their constitutions to hold

land.c) Sovereigns, governments, organizations & other persons

authorized to hold land under the provisions of the Diplomatic & Consular Privileges Ordinance, 1957.

d) Bodies expressly empowered to hold land under any other written laws.

Powers of Disposal

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Disposal of Land

Disposal By AlienationDisposal Otherwise Than By Alienation

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Disposal By Alienation

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Sec.76NLC Meaning of Alienation.The alienation of State land under this Act shall consist of its disposal by the State Authority;a) For a term not exceeding 99 years.

aa) In perpetuity to Federal Government for a public purpose/in special circumstances (except; foreshore/sea-bed, exceeding 99 years).

b) In consideration of the payment of an annual rent.c) In consideration, unless the State Authority thinks fit to exempt

therefrom in any particular case, of the payment of a premium.d) Subject, unless the State Authority otherwise directs pursuant

to subsection (5) of Sec.52.e) Subject to such conditions & restrictions in interest as may be

imposed by the State Authority.

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PTG Wilayah Persekutuan vs Sri Lembah Enterprise Sdn Bhd (1979) 1 MLJ 135

“it may impose relevant provision to development be allowed (but) no entitled to ask applicant hand over their final title & alternately accept 99 years lease”.

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Sec.77 NLC Titles of Land. (give before survey, in cases of sub-division, partition & amalgamation).

1) The titles under which State land may be alienated under this Act are;

a) Registry title/Land Office Title (being form of Final Title). (state land > 4 Ha, any part of foreshore/sea-bed).

b) Qualified Title. (Land Office Title; state land < 4 Ha).


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Sec.78 NLC How Alienation Is Effected.1) The alienation of State land under Final Title shall be effected in

accordance with the provisions of Chapter 3.

2) The alienation of State land under Qualified Title shall be effected in accordance with the provisions of Chapter 2 of Part 11.


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Sec.81 NLC Item of land revenue payable on approval.1) The following sums shall become due to the State Authority at the

time when it approves the alienation of any land under this Act;a) The 1st years rent payable in respect of the land, computed on the basis of

the area approved/provisionally approved, for alienation.b) The premium (if any) so payable ,computed on the like basis.c) The amount/estimated amount of any survey fees chargeable in respect of

the land where the land is to be surveyed by a Survey Officer;&d) The fees chargeable in connection with the preparation & registration

documents of qualified title & final document of title thereto.


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Sec.89 NLC Conclusiveness of register document

of title.Every register document of title duly registered under this Chapter shall,

subject to the provisions of this Act, be conclusive evidence;

a) That title to the land described therein is vested in the person/body for the time being named therein as proprietor;&

b) Of the conditions, restrictions in interest & other provisions subject to which land is for the time being held by that person/body , so far as the same are required by any provision of this Act to be specified/referred to in that document.


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Ban Seng vs Yap Pek Soo (1967) 2 MLJ 156• Tenant has been paying rent for so many years, but

he is estopped from denying his landlord’s title.

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Sec.92 NLC Indefeasibility of final title & rights

of dealing.1) The alienation of State land to any person/body under final title shall

confer on that person/body a title to the land which shall be indefeasible as provided in Part 20.

Part 20 Sec.340(1) NLC The title/interest of any person/body for the time being registered as proprietor of any land,/in whose name any lease, charge/easement is for the time being registered, shall ,subject to the following provisions of this Section be indefeasible.


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of dealing.2) The rights exercisable by any person/body to whom State land has been

alienated under final title shall include the following;a) Rights to sub-divide/partition/amalgamate it with other land.b) Rights to sub-divide any building.c) Rights to effect transfers, leases, charges, surrenders.d) Rights to dispose of the land by will.


We leadSub Division

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1

Final Title Qualified Title

• 1 Owner • several co-

owners of undivided share

Title 21 owner /Co-owners



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1050

Sub Division

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5051

5052

Sub Division

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Sub Division

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Partition of Land

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1 Title with 3 co-owners

(co-ownership)

Owner 1 : ½

Owner 2 : ¼

Owner 3 : ¼

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1050

1 Title with 3 co-owners

½ : ¼ : ¼

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Owner 2

5052

Owner 1 5051

Owner 3

5052

We leadAmalgamation

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Title 2

1052

Title 1 1051

Title 3

1053

6050

1 Title with 1 owner/co-owners (½ : ¼ : ¼)

3 Titles with the same owner/co-owners

Amalgamation

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of dealing.2) The rights exercisable by any person/body to whom State land has

been alienated under final title shall include the following;c) Rights to effect transfers, leases, charges, surrenders.d) Rights to dispose of the land by will.


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Sec.340(2) NLC Not Be Indefeasibility The title/interest of any such person/body shall not be indefeasible;a) In any case of fraud/misrepresentation to which the

person/body.b) Where registration was obtained by forgery/by means of an

insufficient /void instrument;c) Where the title/interest was unlawfully acquired by the

person/body in the purported exercise of any power/authority conferred by any written law.


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Reservation of Land

TOLRemoval of Rock Material

Permit To Use of Air Space

Above State Land & Reserved Land

Disposal Otherwise Than By Alienation

We leadReservation of Land Section 62(1)NLC- The State Authority may by

notification in the Gazette reserve any State land for any public purpose.

Section 62(2)(d)NLC- State Land is reserved for a public purpose.

State Authority can give leases of whole/any part from its, not exceeding 21 years.

Anytime, reserved are revocable by State Authority.

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We leadTOL

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Sec.65NLC The State Authority may permit TOL for State Land, Mining Land & Reserve Land.

Sec.66NLC Issue of TOLa) State land by Land Administrator.b) Mining land by Land Administrator with approval of

Senior Inspector of Mines.c) Reserved land by Land Administrator/by that officer

as he may be authorized in that behalf by the State Authority.

Sec.67NLC Duration, conditions, etc., & form of TOL.

Not later then the end of the calendar year which it commences.

Renew annually & not more then 1 calendar year. Form 4A=endorsed with a renewal .

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Sec.68 NLC TOL not capable of transfer/ transmission on death.TOL shall not be capable of assignment & every such licence shall, except as provided in Sec.416, terminate on the death of the person/dissolution of the body for the time being entitled to the benefit thereof.

TOL

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Sec.68A NLC Deposits in respect of TOL.Deposits in TOL for security of rehabilitation of

the land to which the TOL relates upon the termination thereof.

TOL

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Meaning of Tol

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Characteristic of TOL

1.Licence & Temporary Authorization. 2.Given by State Authority.3.Purpose & time are limited.4.Consideration of Extended Term Of Lease (ETOL).5.Heir should get priority. 6.Expired on each calendar year.7.Cancellation of present TOL, could be made if have a good reason. 8.Without it?; intruder/squatter.

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We leadRight To The Land Def Right: Interest / privilege & protect by laws; owned & enjoyed.

Standard of Right; control & enjoy the right on land. Only, right of possession & not right of ownership.

In Mohamed vs Kunji Mohideen, A TOL merely confers on the holder an exclusive possessory right to the land & the things thereon but not ownership thereof.

In Mohamed vs Kunji Mohideen, Abd. Aziz judge are refers to Julaika Bivi vs Mydin case,“TOL holder have a possession & certain rights under the laws".

The land is still belong to State Land.

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Exclusive Use & Enjoyment

1. Section 44(1)(a)NLC; air-space & land. 2. Occupy right & avoid intruder.

Mohamad Said vs Fatimah case, Adam judge;

“That Licence…should give a licensee an exclusive right to occupy the land within

the Licence issued & dismiss others. Within the legal time Licence, the licensee have an exclusive possession to the land".43

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Right To The Support of Land

• Section 44(1)(b)NLC; in its natural state by any adjacent land & all other natural rights subsisting in respect thereof.

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1. Support Right; Is maintain the natural State by any adjacent land.Example;

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Abel= TOL holder & rear a fish. Baker

Responsible under Section 44(1)(b)NLC- Not make Abel’s land

collapse. But Baker dig the land up to Abel’s

border until crack & collapsed.

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Abel= have a underground natural water . Baker

Cannot act which become lost /dry the underground water source; Such as dig well/siphon water to maximum

level.

2. Natural Right; Is types of rights; matters made by God & the nature of land. Example; water flow (channel, underground river, earth

cavity), wind flow, rain water. Example;

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– Sec. 44(1)(c)NLC ;Foreshore, river & public place.

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Right of Access

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Sec.45(1)(a)NLC; Right toextract/move/use within the

boundaries of the land any rock material in/upon the land.

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Right To Extract/Move/Use Rock Material

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Sec.45(1)(b)NLC; Right to fell, clear, destroy/use within the boundaries thereof

any forest produce thereon.

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Right To Fell, Clear, Destroy/Use Forest Produce

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Not allowed Sec.45(2)NLC.;a)To extract any metal/mineral from any rock

material in/upon the land.

b)To remove beyond the boundaries of the land any rock material/forest produce extracted/taken from the land/anything obtained/manufactured therefrom.

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Right To Fell, Clear, Destroy/Use Forest Produce

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Removal of Rock Material

Section 70NLC; State Authority got a permit for extraction, removal, & transportation of any rock material (otherwise than obtaining metal/mineral) from State Land, Alienated Land, Mining Land & Reserved Land.

Section 71NLC; Issue of permits.1. State land by Land Administrator.2. Alienated land by Land Administrator with the

consent of Proprietor.3. Mining land by Land Administrator with

approval of Senior Inspector of Mines.4. Reserved land by Land Administrator with

approval of the officer for the time being having the control thereof.

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Section 72NLC; Duration, conditions, etc.& form of permits.

Shall be issued for a term expiring not later then the end of the calendar year in which it commences.

Shall terminate at the expiry of that term.Form 4C.

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Section 73NLC; Permit not capable of transfer/transmission on death.Shall not be capable of assignment & every such permit shall, except as provided in Sec.416, terminate on the death of the person/dissolution of the body for the time being entitled to the benefit thereof.

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Section 74NLC; Deposits in respect of permits.

a)For performance & observance of the provisions of the permit.

b)For rehabilitation of the land to which the permit relates upon the termination thereof.

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Section 75NLC; Effects of permits on conditions affecting land.

Shall not be taken to constitute a breach of any condition to which the land to which the permit relates with any written law relating

to mining/other written law.

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Permit To Use of Air Space Above State Land & Reserved Land

Sec.75A NLC ;State Authority may issue a permit for a period not exceeding 21 years, for erecting, maintaining & occupying a structure on State Land/Reserved Land.

Sec.75B; Applications for permits (1) Shall be addressed to the Land Administrator &

accompanied by;a) Such fee as may be prescribed.b) Details of the structure & a plan as approved by the

appropriate Planning Authority.c) In the case using air space, must get consent from

the officer for the time being having control of the land.

(2)The State Authority may, if it is satisfied that it is necessary in

the circumstances of the case to allow the air space to be used

for the purpose as specified in the application, gives its approval. 56

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Socfin Co Ltd Vs Chairman, Klang Town Council [1964] 1 Mlj 325

CATCHWORDS:• Rating - Above-ground storage tanks -Tanks resting on pre

cast concrete pillars & reinforced concrete raft -• Whether raft means platform-Whether rateable as 'building‘ or 'structure'-

Whether rateable as land-Whether they enhance value of holding -Town Boards Enactment (Cap 137), s 2.

HEADNOTES:• The respondent in determining the annual value of the appellant's holdings for

rating took into account the bulk storage tanks standing thereon. The storage tanks were used for storing palm oil & they were vertical cylinders restingon pre-cast concrete pillars which stood freely on a reinforced concrete platform foundation. The tanks themselves consisted of pre-cast bottom, side & roof steel plates which were assembled & riveted on site to form the bulkstorage tanks. The platform foundation rested on prepared ground.

• The appellant's contended that the tanks were not rateable since they were neither "land" nor "building'.

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Socfin Co Ltd Vs Chairman, Klang Town Council [1964] 1 Mlj 325

HELD:(1) the storage tanks were buildings, being structures connected wi

th platforms & pillars & were accordingly rateable;

(2) the storage tanks were annexed to the land for its better use &enjoyment &formed part of it & accordingly rateable;

(3) the storage tanks enhanced the value of the holdings on which they

stood & as they were not machinery used for industrial purposes under Sec.2 of the said Enactment they were accordingly rateable on this ground also.

• Court says structure is a something we build it. So, storage tanks is a building & structure are acceptable for this permit.

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Sec.75C NLC; Issue of permits on approval.Upon approval of the application, the Land Administrator shall issue on behalf of the State Authority, a permit in Form 4D.

Sec.75D NLC; Conditions etc. of permits.Every permit under SEC.75A shall be issued subject to the following;

a) An annual payment as may be determined by the State Authority.

b) Such terms & conditions as may be specified.

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Sec.75E NLC; Permits not capable of assignment except with consent of State Authority.

Sec.75F NLC; Deposit/security in respect of permits.Deposit pay for performance & observance of the provisions

of the permit.

Sec.75G(1) NLC; Power to cancel permits.By State Authority immediately/any time after the occurrence

of a breach of any rule, term/condition to which it is subjectwithout payment of any compensation, & thereupon any deposit/security.

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We leadConclusions Property in Land = Sec40NLC. Powers of Disposal = Sec42NLC. Disposal of Land

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Disposal of Land

Disposal By AlienationDisposal Otherwise Than By Alienation

We leadConclusions Disposal By Alienation = Sec76NLC. Disposal Otherwise Than By Alienation

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Reservation of Land

TOLRemoval of Rock Material

Permit To Use of Air Space

Above State Land & Reserved Land

We leadConclusions Right To The Land= Standard of Right. Rights of Receiver land

Removal of Rock Material Permit To Use of Air Space Above State

Land & Reserved Land

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Note 3 Power of State Gov In Land Dr.Nora 070313

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