Land (Amendment) Enactment 1995 (No. 7 of 1995)

.'1/>.:;.<~:,/ .:<:~· <~,· 1':~~( ~ STATE OF SABAH I assent, TAN SRI DATUK SERI P ANGLIMA HAJI SAKARAN BIN D.ANDAI, Yang di-Pertua Negeri. 29TH JUNE, 1995. No. 7 of 1995 An Enactment to amend the Land Ordinance (Cap. 68). ENACTED by the Legislature of the State of Sabah as follows: 1. This Enactment may be cited as the Land (Amendment) Enactment 1995 and shall come into force on the date of its publication in the Gazette. Short title and commence ment. 98 Amendment of section 4. Cap.68. Amendment of section 6. No. 7 of 1995 Land (Amendment) 2. Section 4 of the Land Ordinance, which in this Enactment is referred to as "the principal Ordinance", is amended by inserting, immediately after the definition of "Director", the following new definition: ""foreshore" means all that land lying between the high water mark and low-water mark of ordinary spring tides;". 3. Section 6 of the principal Ordinanceis amended by insert ing, immediately after the words "State land" wherever they appear, the words "or land reserved for a public purpose or residential purpose". Amendment 4. Section 10 of the principal Ordinance is amended of section 10. Amendment of section 1S. Amendment of section 17. ( a) in paragraph (b ), by substituting for the words "local or adopted Ordinance" in line 3 ·the words "written law"; and (b) by deleting paragraph (c) and the proviso thereto. 5. Section 15 of the principal Ordinance is amended in paragraph (b) by substituting for the word "twenty" in line 2 the word "fifty" and for the word "acre" in the last line the word "hectare" respectively. 6. Subsection ( 4) of section 17 of the principal Ordinance is amended ( a) by substituting for the words "Credit Corporation Ordinance, 1955, or any bank licensed under the provisions of section 3 of the Banking Act, 1973" in lines 5, 6 and 7 the words "Credit Corporation Enact ment 1981 or any bank or finance company licensed under the provisions of the Banking and Financial Institutions Act 1989"; and (b) by substituting for the words "1/55." and "Act 102." appearing in the marginal note the words "Enactment No. 22 of 1981." and "Act 372." respectively. Land (Amendment) No. 7 of 1995 99 7. Subsection ( 1) of section 30 of the principal Ordinance is Amendment ~~00- ~~ 30. ( a) in paragraph ( d), by substituting for the words "one chain" in line 3 the words "twenty metres"; and (b) in paragraph (f), by inserting, immooiately after the words "State land" in line 5, the words "or Forest Reserve". 8. Subsection ( 1) of the section 31 of the principal Ordinance Amendment is ~endoo in paragraph (d)- 3tsection ( a) by substituting for the word "country" in line 1 the word "alienated"; and (b) by deleting the word."country" in line 5. 9. Section 32 of the principal Ordinance is amended - Amendment of section (a) in subsection (1), by inserting, immediately after the 32 words "sold or alienated" in line 2, the words "prior to or"; and (b) in subsection 2, by substituting for the word "ten" in line 3 the word "fifteen". 10. Subsection (1) of section 40 of the principal Ordinance is ~endoo in the further proviso ( a) by substituting for the word "Collector" in line 1 the word "Director"; (b) by substituting for the word "apportion" in line 1 the words "impose additional premium and"; and (c) by inserting, immooiately after the words "the new titles" in lines 3 and 4, the words "and also impose special conditions in respect thereof to be sefout in the titles". 11. Subsection (1) of section 41 of the principal Ordinance is amended ( a) by deleting the words "Settlement Officer," in line 2; and Amendment of section 40. Amendment of section 41. 100 Amendment of section 42. Amendment of section 46. No. 7 of 1995 Land (Amendment) (b) by deleting the words "or, where any of the parties are resident outside Sabah, ninety days," in lines 1 and 2 of paragraph ( a) of the proviso. 12. Section 42 of the principal Ordinance is amended by substituting for the full-stop at the end thereof a colon and inserting immediately thereafter the following proviso: "Provided that no order or decision shall be made to the prejudice of any person unless such person has been given an opportunity of being heard.". 13. Section 46 of the principal Ordinance is amended by substituting for paragraph ( a) thereof the following: " (a) make rules not inconsistent with the provisions of this Ordinance for more effectually carrying out the land administration of Sabah, and in particular, but with out prejudice to the generality of the foregoing, may by such rules make provision with respect to (i) the mode and manner in which applications for State land are made; (ii) the issue of licences for the purposes of re moval of articles specified in sections 23, 24 and 25 and the regulation and control of the operations under such licences; (iii) the control and management of land reserved under sections 28 and 78; (iv) the procedure for the sale of land by public auction required by or under the Ordinance to be sold; (v) the payments to be made under licences and permits issued under the Ordinance; (vi) the fees to be paid in connection with any matter arising under the Ordinance; (vii) the forms to be used in connection with any matter arising under the Ordinance; Land (Amendment) No. 7 of 1995 (viii) the mode and manner of collection of land revenue; (ix) the manner and procedure for dealing with any enquiry and application under the Ordinance; (x) the mode of service of notices required to be served under the Ordinance; (xi) the partition of land under section 40(3); (xii) . the user ofland alienated under the Ordinance; (xiii) the powers and duties of any officer appointed under section 47; (xiv) offences for the contravention of such rules and penalties thereof; and (xv) all procedural and other matters which by this Ordinance are required or permitted to be pre scribed or which are necessary or convenient to be prescribed;". 14. Subsection (1) of section 47 of the principal Ordinance is amended by deleting the words "Settlement Officer," in line 5. 15. Section 53 of the principal Ordinance is amended ( a) in subsection (2), by substituting for the words "100 acres" in line 1 the words "40 hectares"; (b) in subsection (3), by substituting for the words "100 acres" in line 1 the words "40 hectares" and for the words "640 acres" in line 2 the words "250 hectares" respectively; (c) in subsection (4), by substituting for the words "640 acres" in line 1 the words "250 hectares"; and ( d) in subsection (5), by substituting for the words 101 Amendment of section 47. Amendment of section 53. 102 Amendment of section 54. Amendment of section 56. Amendment of section 69. Amendment of section 70. No. 7 of 1995 Land (Amendment) "100 acres" in lines 4 and 5 the words "40 hectares" and for the words "64.0 acres" in lines 5 and 6 the words "250 hectares" respectively. 16. Section 54 of the principal Ordinance is amended ( a) by inserting, immediately after the words "under this Part" in line 1, the words "or under similar part of any previous Land Ordinance"; (b) by inserting, immediately after the words "the Minis ter who may" in line 3, the words "impose additional premium or rent or"; and ( c) by inserting, immediately afterthe words "such terms" in lines 3 and 4, the words "and conditions". 17. Subsection (2) of section 56 of the principal Ordinance is amended by substituting for the words "Permanent Secretary to the Chief Minister" in lines 5 and 6 the words "State Secretary". 18. Section 69 of the principal Ordinance is amended by deleting the words "or by the Settlement Officer" in line 2. 19. Section 70 of the principal Ordinance is amended ( a) by substituting for subsection (2) the following: 11 Use of land for agricultural purposes. (2) Land which is to be or has been alien ated under this Part or under similar part of any previous Land Ordinance shall not be used for other than agricultural purposes except with the permission of the Minister who may impose additional premium or rent or add or substitute such terms and conditions as he may think fit."; (b) in subsection (3) Land (Amendment) No. 7 of 1995 (i) by deleting the words "with any other land held by the applicant under native title" in lines 2 and 3; and (ii) by substituting for the words "in total area fifteen acres" in line 3 the words "twenty hectares"; and ( c) in the proviso to subsection (3), by substituting for the words "fifteen acres" in line 5 the words "twenty hectares". 20. Section 71 of the principal Ordinance is amended ( a) in paragraph ( a) of the proviso, by substituting for the words "fifteen acres shall be such amount not being less than fifty cents per acre as the Resident may fix" in lines 2, 3 and 4 the words "twenty hectares shall be such amount as the Director may fix"; and ( b) in paragraph ( b) of the proviso, by deleting the words ", not being less than fifty cents per acre," in line 6. 21. Section 81 of the principal Ordinance is amended by substituting for the words "Settlement Officer" in line 5 and the marginal note the word "Collector". 22. Section 82 of the principal Ordinance is amended by substituting for the words "Settlement Officer" in line 1 and the marginal note the word "Collector". 103 Amendment of section 71. Amendment of section 81. Amendment of section 82. 23. Section 83 of the principal Ordinance i~ amended by Amendment substituting for the words "Settlement Officer" in line 1 the word ~tsection "Collector". 24. Section 84 of the principal Ordinance is amended by substituting for the words "Settlement Officer" in lines 1 and 2 of the proviso the word "Collector". Amendment of section 84. 104 Amendment of section 86. No. 7 of 1995 Land (Amendment) 25. Section 86 of the principal Ordinance is amended by substituting for the words "Collector and Settlement Officer" in lines 1, 2 and the marginal note the word "Collector". Amendment 26. Section 94 of the principal Ordinance is amended of section 94. Amendment of section 97. Amendment of section 100. Amendment of section 101. Amendment of section 116. ( a) in subsection (2), by deleting the words", or shall take such action under Part VI hereof as may be required"; and (b) in subsection (3), by substituting for the word "three" in line 2 the word "six" and for the words "five hundred dollars" in lines 7 and 8 the words "five thousand ringgit" respectively. 27. Subsection (1) of section 97 of the principal Ordinance is amended in the proviso thereto by deleting the words ", Singapore, Brunei or the United Kingdom of Great Britain and Northern Ireland". 28. Section 100 of the principal Ordinance is amended by substituting for the word "Sabah" in line 3 of the proviso the word "Malaysia". 29. Section 101 of the principal Ordinance is amended by substituting for the words "Sabah or in any British possession" in lines 2 and 3 of the proviso the word IIMalaysia". 30. Section 116 of the principal Ordinance is amended (a) in the proviso to the subsection (1), by substituting for the word "six" in the last line the word "twelve"; and (b) in subsection (4), by substituting for the words "The caveatee" in line 1 the words "Any person whose land or interest is bound by a caveat". Land (Amendment) No. 7 of 1995 105 31. Section 119 of the principal Ordinance is amended by Amendment inserting, immediately after the words "his own motion" in line 2, 1~9~011 the words "after giving the parties affected an opportunity of being heard" and, immediately after the words "for purpose of' in line 4, the word "cancelling,". 32. Section 121 of the principal Ordinance is amended ( a) in subsection (1), by inserting, immediately after the words "from the Register" in lines 1 and 2, the words "is cancelled or"; and (b) in subsection (2), by substituting for the words "twenty five dollars" in lines 3 and 4 the words "one thousand ringgit". Amendment of section 121. 33. Section 142 of the principal Ordinance is amended by Amendment inserting, immediately after the words "there shall be" in line 1, the 1~i'.:ction words "no bid at all or". 34. Section 152 of the principal Ordinance is amended by Amendment substituting for the words II' Survey Officer or Settlement Officer" r~i~ction in line 1 the words "or Surveyor". 35. Subsection (1) of section 153 of the principal Ordinance is Amendment amended by substituting for the words II' Survey Officer or Settle- rM~ction ment Officer" in lines 1 and 2 the words "or Surveyor". 36. Section 154 of the principal Ordinance is amended by Am~ent ofsecuon substituting for the words ", Survey Officer or Settlement Officer" 154. in line 1 the words "or Surveyor". 37. Subsection (1) of section 156 of the principal Ordinance is Amendment of section amended by substituting for the words ", Survey Officer or Settle- 156. ment Officer" in lines 1 and 2 the words "or Surveyor". 106 Amendment of section 157. Amendment of section 160. Amendment of section 161. Amendment of section lti6. Amendment of section 167. Amendment of section 168. Amendment of section 170. New section 1718. No. 7 of 1995 Land (Amendment) 38. Subsection (1) of section 157 of the principal Ordinance is amended by substituting for the words ", Survey Officer or Settle ment Officer" in lines 1 and 2 the words "or Surveyor". 39. Subsection (1) of section 160 of the principal Ordinance is amended by substituting for the word "three" in line 9 the word "ten". 40. Section 161 of the principal Ordinance is amended in the proviso by substituting for the words "of one dollar and twenty-five cents per chain oflineal measurement" in lines 1 and 2 the words "as prescribed by rules". 41. Section 166 of the principal Ordinance is amended by substituting for the words "of two hundred dollars, or, in default of the payment thereof, to imprisonment for six months" in lines 9 and 10 the words "not exceeding five thousand ringgit or to imprison ment not exceeding two years, or to both fine and imprisonment". 42. Section 167 of the principal Ordinance is amended by substituting for the words "of fifty dollars" in the last line the words "not exceeding one thousand ringgit, or in default of payment thereof, to imprisonment not exceeding six months". 43. Section 168 of the principal Ordinance is amended by substituting for the words "of five hundred dollars, or in default of payment thereof, to imprisonment for six months" in lines 6 and 7 the words "noi exceeding ten thousand ringgit or to imprisonment not exceeding two years, or to both fine and imprisonment". 44. Section 170 of the principal Ordinance is amended by · substituting for the words "of one hundred dollars" in lines 4 and 5 the words "not exceeding five thousand ringgit" and for the words "for four months" in the last line the words "not exceeding two years". 45. The principal Ordinance is amended by inserting, immedi ately after section 17 lA, a new section 171B as follows: 11 17le. Power to prosecute. Land (Amendment) No. 7 of 1995 Prosecutions in respect of any offence commit ted under this Ordinance may be conducted ( a) by the State Attorney-General or a legally qualified member of his Chambers; or (b) by the Director or an officer of his Department not below the rank of Superintendent.". 107 46. Schedule XXI to the principal Ordinance is amended by Amendment . . . d" 1 f h d " f' . 1· 1 h of Schedule msertmg, 1mme 1ate y a ter t e wor s owner o m me , t e XXI. words "or person having interest in", and, immediately after the words "made by" in line 3, the word "you". CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on Tuesday, the 16th May, 1995. DATUK HJ. HASSAN ALBAN HJ. SANDUKONG, Speaker, State Legislative Assembly.