Malaysia legislation
Section 2
Section 2
(a)
references to the State shall be construed as references to the Federal Territory;
(b)
references to the State Authority shall be construed as references to the Yang di-Pertuan
Agong;
(c)
references to the **Commissioner shall be construed as references to the Federal Lands
Commissioner;
(d)
references to State land shall be construed as references to Federal land;
(e)
references to the State land law shall be construed as references to the National Land Code as modified by the Federal territory (Modification of the National Land Code) Order, 1974; and
(f)
references to the Government of the State shall be construed as references to the Government of the Federation.
—see the Federal Territory (Modification of Land Acquisition Act 1960) Order 1974 [P.U. (A)
81/1974]. However, the term “**Commissioner” has since been deleted by the Land Acquisition
(Amendment) Act 1997 [Act A999].
NOTE—In its application to the Federal Territory of Labuan—see P.U. (A) 455/2009 w.e.f.
1 January 2010
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“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, any wall, fence, platform, sewerage system, underground tank, hoarding, dock, jetty, landing-stage, swimming pool, bridge, railway line, and any other structure, support or foundation related to the building;
“Certificate of Urgency” means a certificate in Form I issued under section 19;
“Committee” means the Jawatankuasa Khas Pengambilan Tanah established under section 3C;
“Committee for the Federal Territory of Kuala Lumpur” means the
Jawatankuasa Khas Pengambilan Tanah established under section 3C for the Federal Territory of Kuala Lumpur;
“Court” means the High Court;
“development approval” means any approval for the carrying out of any building, engineering, industrial, or other similar operation in, on, over or under any land, or for the making of any material change in the restriction or condition relating to land use, that has been duly granted by the appropriate authority under the Town and Country
Planning Act 1976 [Act 172] or continues to be in force by virtue of
subsection 59(1) of that Act, or that has been granted under the
Federal Territory (Planning) Act 1982 [Act 267], the Street, Drainage and Building Act 1974 [Act 133], or the State land law, as the case may be;
**“Economic Planning Unit” means the Economic Planning Unit of the Prime Minister’s Department of Malaysia or any other body or authority authorized by the Government, administratively or otherwise, to perform the functions of the Economic Planning Unit;
“Form” means any Form set out in the Second Schedule;
NOTE— Section 59 of the Town and Country Planning Act 1976 [Act 172] was deleted by Federal
Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010—
see P.U.(A) 442/2010 w.e.f. 1 January 2011.
**NOTE— Economic Planning Unit is currently a department assigned to the Ministry of Economy— see the Ministers of the Federal Government Order 2023 [P.U.(A) 27/2023] w.e.f. 3 December 2022.
10 Laws of Malaysia ACT 486
“land” means alienated land within the meaning of the State land law, land occupied under customary right and land occupied in expectation of title;
“Land Administrator” means any Land Administrator or other officer appointed under the State land law, and includes an Assistant
Land Administrator;
“lot” has the meaning assigned to it under the *National Land Code
[Act 56 of 1965] and includes any interim identification number allotted by Land Office pending the completion of final survey of any land held under qualified title, as the case may be;
“Minister” means the Minister charged with responsibility for lands;
“persons entitled to act” shall be deemed to include the following persons as and to the extent hereinafter provided—
(a)
trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;
(b)
subject to the Married Women Act 1957 [Act 450], a married woman shall be deemed the person so entitled to act and, whether of full age or not, to the same extent as if she were unmarried and of full age; and
(c)
the guardians of minors and the committees of mentally disordered persons shall be deemed respectively the persons so entitled to act to the same extent as the minors or mentally disordered persons themselves could have acted if free from disability:
Provided that:
(i)
no person shall be deemed entitled to act whose interest in the subject matter shall be shown to the satisfaction of the Land Administrator or Court to be
*NOTE— The National Land Code [Act 56 of 1965] has since been superceded by the National Land
Code [Act 828] which comes into operation on 15 October 2020.
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adverse to the interest of the person interested for whom he would otherwise be entitled to act;
(ii)
in every such case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Land Administrator or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;
(iii)
the provisions of the law for the time being relating to civil procedure relating thereto shall mutatis mutandis apply in the case of persons interested appearing before a Land Administrator or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv)
no person entitled or deemed to be entitled to act shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to transfer the land and receive and give a good discharge for the purchase money on a voluntary sale;
“person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant at will;
“proper registering authority” means the Registrar within the meaning of the State land law and, in relation to a holding included in the Interim Register, the Director of Land Titles;
“public utility” includes any road, rail transportation, water and electricity supply, gas pipeline, telecommunications, street lighting, sewerage system, drainage system, public works, and any other similar public service or convenience;
“registered proprietor” includes the proprietor of a holding included in the Interim Register;
12 Laws of Malaysia ACT 486
“scheduled land” means any land or lands including parcel or provisional block included in a schedule prepared under section 8 and appended to any declaration or notification in Forms D, E, J and K;
“sewerage system” has the meaning assigned to it under the
Sewerage Services Act 1993 [Act 508];
“State Authority” means the Ruler or the Yang di-Pertua Negeri of the State, as the case may require;
“State Director” means a State Director of Lands and Mines appointed under the State land law and includes a Deputy State
Director of Lands and Mines;
“State Economic Planning Unit” means the Economic Planning
Unit of a State or any other body or authority authorized by the
Government, administratively or otherwise, to perform the functions of the State Economic Planning Unit;
“State land law” means the law for the time being in force in the
State relating to land and land tenure and the registration of title thereto and the collection of revenue therefrom;
“valuer” means a valuation officer employed by the Government or a registered valuer or appraiser registered under the Valuers,
Appraisers and Estate Agents Act 1981 [Act 242].
(2)
Where in any notification, declaration or other instrument issued under this Act any locality referred to therein cannot, in the opinion of the authority promulgating such notification, declaration or other instrument otherwise be conveniently described, it shall be sufficient if the lands in such locality are described by their survey lot numbers, or by the lot numbers of adjacent or surrounding lands.
(3)
Any notification, declaration or other instrument made or issued under this Act shall be valid and effectual for all purposes
NOTE— This Act has been repealed by the Water Services Industry Act 2006
[Act 655] in respect of its application to Peninsular Malaysia and the Federal
Territories of Putrajaya and Labuan– see section 185 of Act 655.
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notwithstanding that pieces or parcels of any lands referred to therein are held under different titles or by different persons.
(4)
In the application of this Act in a State, words and expressions used in this Act shall, unless the context otherwise requires or it is herein otherwise expressly provided, have the meanings assigned to them by the State land law.